Archive for the 'Japanese police/Foreign crime' Category

We’ve seen plenty of cases where Far-Right protesters who harass and even use violence towards people and counter-demonstrators doing so with impunity from the Japanese police (examples here, here, here, and within the movie Yasukuni). However, it looks as though they went too far when this case below was brought up before a United Nations representative visiting Japan last March, and now arrests and investigations of the bullies are taking place (youtube video of that event here, from part two). Good.

Asahi: Senior members of a group of “Net rightists” who hurled abuse at elementary schoolchildren attending a pro-Pyongyang Korean school were arrested by police on Tuesday.

The group, part of a new wave of extreme nationalist groups that use video-sharing websites to promote their activities, targeted children at Kyoto Chosen Daiichi Elementary School in the city’s Minami Ward with taunts including “Leave Japan, children of spies” and “This school is nurturing North Korean spies.”

A janitor, a snack bar operator, an electrician and a company employee, all men in their 30s and 40s, are suspected of playing leading roles in the demonstration near the school on Dec. 4 last year.

On Tuesday, police began questioning four people, including Dairyo Kawahigashi, 39, an executive of Zainichi Tokken o Yurusanai Shimin no Kai, which literally means, “a citizens group that does not approve of privileges for Korean residents in Japan,” and is known as Zaitokukai for short.

Police also searched the Tokyo home of the group’s chairman, Makoto Sakurai, 38…

For a nice bite-size Sunday post, dovetailing with yesterday’s post on the NPA’s whipping up fear of foreign crime gangs, here we have the Kanagawa Police offering us a poster with racist caricatures of NJ, and more minced language to enlist the public in its Gaijin Hunt. Check this out:

Let’s analyze this booger. In the same style of fearmongering and racist police posters in the past (see for example here, here, here, and here), we have the standard NJ conks and wily faces. Along with a crime gang stealing from a jewelry store (nothing like getting one’s hands dirty, unlike all the white-collar homegrown yakuza crime we see fewer posters about).

The poster opens with employers being told to check Status of Residences of all the NJ they employ. Of course, employers who employ NJ usually sponsor them for a visa, so this warning shouldn’t be necessary. I guess it’s nicer than warning the employer that if they do employ overstayers, the employer should also be punished. But again, we hear little about that. It’s the NJ who is the wily party, after all.

Then we get the odd warning about overstayers (they say these are lots of “rainichi gaikokujin”, which is not made clear except in fine print elsewhere that they don’t mean the garden-variety NJ) and their links to “international crime groups” (although I haven’t seen convincing statistics on how they are linked). Then they hedge their language by saying “omowaremasu” (it is thought that…), meaning they don’t need statistics at all. It’s obviously a common perception that it’s “recently getting worse” (kin’nen shinkoku ka)…

Finally, we have the places to contact within the Kanagawa Police Department. We now have a special “international crime” head (kokusai han kakari), a “economic security” head (keizai hoan kakari), and a “gaiji kakari”, whatever that is shortened for (surely not “gaikokujin hanzai jiken”, or “foreign crime incidents”). Such proactiveness on the part of the NPA. I hope they sponsor a “sumo-yakuza tobaku kakari” soon…

Anyone else getting the feeling that the NPA is a law unto itself, doing whatever it likes in the purported pursuit of criminals, even if that means racial profiling, social othering of taxpayers and random enforcement of laws based upon nationality (even a death in police custody with impunity), and manufacturing consent to link crime with nationality?

Kyodo reports the semiannual NPA NJ crime propaganda campaign, claiming once again some kind of “increase”. Before, we had decreases in crime depicted as an increase, depending on what crime you looked at or what language the article was in. Now it’s the NPA, in the face of a 40% admitted drop in “NJ criminals rounded up” since 2004, giving the spin of doubting its own statistics. What’s next, saying NJ are more likely to commit crime because of their criminal DNA? (Actually, Tokyo Gov Ishihara beat them to that nearly a decade ago.)

Here’s the report being referred to in pdf format:
http://www.npa.go.jp/sosikihanzai/kokusaisousa/kokusai6/rainichi.pdf

Note how on the bottom of page two, they give a definition that the “gaikokujin” they’re referring to do not mean those here with PR status, the Zainichi, the US military, or “those with unclear Statuses of Residence” (what, refugees? certainly not visa overstayers). Okay. Pity the media doesn’t mention that. Nor is it mentioned that although this report is supposed to deal with “international crime”, it is just titled “Rainichi Gaikokujin Hanzai no Kenkyo Joukyou” (lit. The Situation of Cases of Crimes by Foreigners Coming to Japan). I guess just talking about garden-variety crime by NJ (back in the day when it was allegedly going up) isn’t convenient anymore. You have to narrow the focus to find the crime and shoot the fish in the proverbial barrel — it gets the headlines that attribute crime to nationality, even somehow allows you to doubt your own statistics. Moreover enables you to claim a budget to “establish a system in which investigators across the nation would be able to work in an integrated manner to counter crimes committed by foreigners” (as opposed to an integrated manner to counter crimes in general).

Let’s see what the NPA spin is next time. Fascinatingly bad science.

Here we have JIPI’s Sakanaka-san in the Japan Times speaking out from a position of authority again in favor of NJ, this time regarding Japan’s Immigration Detention Centers (aka Gaijin Tanks for visa overstayers) and their conditions. As has been discussed here before, Gaijin Tanks are not prisons; they do not fall under the penal code for incarceration conditions, there is no arraignment before a judge or court sentence to fulfill, and there is no time limit to how long you can be incarcerated for visa violations in Japan. This has deleterious effects on the physical and mental health of detainees, of course. So Mr S. is quite magnanimously (given Japan’s racially-profiling law enforcement) offering a compromise limit of one year behind bars. Think there will be any takers?

Japan Times: Illegal residents should not be held in detention for more than one year because any longer causes too much stress, a former chief of the Tokyo Regional Immigration Bureau said, noting extended incarceration led to two hunger strikes at detention centers this year, one of which followed suicides…

There is no limit on how long the government can hold foreign residents deemed to be in Japan illegally. The Immigration Bureau’s Enforcement Division said 71 inmates out of 442 being held in three detention centers in Ibaraki, Osaka and Nagasaki prefectures had been confined for more than a year as of May 31.

Dozens of detainees went on hunger strikes lasting more than a week at the East Japan Immigration Control Center in Ushiku, Ibaraki Prefecture, in May and at the West Japan Immigration Control Center in Ibaraki, Osaka Prefecture, in March. They were demanding better treatment, including limiting their incarceration to six months… The hunger strikes failed to win any concessions…

Here we have a good opinion piece in the NYT (the overseas paper the GOJ takes most seriously) from a Japanese (not a NJ, so there’s no possible excuse of a “cultural misunderstanding”) who looks suspicious to Japanese police simply because she is taller and darker than average. So she gets zapped for racial profiling (a word, as she acknowledges, is not in common currency in nihongo). Well, good thing she didn’t get arrested for looking “too foreign” and not having a Gaijin Card, which happened back in February 2006 (article enclosed below).

As I have said on numerous occasions, racial profiling by the NPA is a serious problem, as it will increasingly single out and multiethnic Japanese as well. I am waiting one day to get leaked a copy of the NPA police training manuals (not available to the public) which cover this sort of activity and scrutinize them for latent racist attitudes (we’ve already seen plenty of other racism in print by the Japanese police, see for example here, here, and here). But scrutiny is one thing the NPA consistently avoids. So this is what happens — and victims have to take it to outside media to get any attention.

As you may know, Japan has no national civil or criminal legislation outlawing and punishing racial discrimination, meaning businesses with “Japanese only” signs aren’t doing anything illegal.

Problem is, I’m not sure it would matter if such a law existed.

To illustrate, consider one business sector that — technically — cannot exclude customers by race or nationality: hotels. … However, the Hotel Management Law is frequently ignored. Quick online searches (try Rakuten or Jalan) soon uncover hotels either outright refusing non-Japanese (NJ) lodgers, or, more circumspectly, those that say, “We don’t take reservations from NJ without addresses in Japan” (which is still unlawful).

Furthermore, when a government agency allows — even promotes — the systematic exclusion of NJ clients, we have a real problem with the rule of law in Japan.

Consider the curious case of the Fukushima Prefectural Tourist Association ( www.tif.ne.jp ). In September 2007, I was notified that their English site was offering member hotels two preset options for “acceptance of foreigners” and “admittance of foreigners” (whatever that difference may be). Of the 142 hotels then listed, 35 chose not to accept or admit NJ customers….

Let’s connect some dots: We have public policies working at cross-purposes. The Ministry of Land, Infrastructure, Transport and Tourism wants more NJ to visit and pump money into our economy, with Japan relaxing visa requirements for mainland Chinese tourists as of July 1. Yet the Ministry of Justice and other law enforcement agencies just want to keep policing NJ, and that includes deputizing hotels. This is why since 2005 they’ve been demanding hotels photocopy all NJ passports at check-in — again, unlawful (Zeit Gists, Mar. 8 and Oct. 18, 2005). Of course, this assumes that anyone pays attention to the laws at all.

Japan’s lack of legal support for hapless NJ tourists (not to mention residents) — who face unfettered exclusionism precisely where the HML says they shouldn’t — are thus finding local government bodies conspiring against them…

Further exploring the theme of the Japanese police’s extralegal powers and how power corrupts, here are two articles outlining cases where the Japanese police can arrest people they find inconvenient:

XX comments on Jiji Press article: In this news item a man who does not like the police has been putting up notices near crime scenes that say “Congratulations on not catching the killer.” He was arrested and prosecutored for violating the Minor Crimes Act. Interestingly, the Minor Crimes Act does not seem to have any offenses which cover what he did. Minor technicality, I guess.

FCCJ Number 1 Shimbun: Semba retired from the Ehime Prefectural Police in March, after 36 years on the force. At 24, he had been the youngest officer in the history of the prefectural force to be promoted to the rank of sergeant, but he says his refusal to falsify expenses forms that were funneled into a vast slush fund meant that he was never promoted again, was regularly transferred between unappealing assignments and had his handgun taken away on the grounds that he might kill himself or pose a danger to others.

“The Japanese police are a criminal organization and the senior officers of the force are all criminals,” Semba said. “Of all the companies and organizations in Japan, only the ‘yakuza’ and the police commit crimes on a daily basis. That includes building up slush funds and it was because I refused to participate in that that I stayed in the same position for all those years.”

Semba alleges that ¥40 billion is systematically racked up from falsified travel expenses and fictitious payments to individuals who assist the police in their investigations. Pretty much every officer in the country is involved in the scam, he claims, and they do not speak out because they are all too busy climbing the ranks to try to get their hands on a larger share of the pie.

Colin Jones in the Japan Times: A few months ago I met with some Western diplomats who were looking for information about Japanese law — in particular, an answer to the question, “Is parental child abduction a crime?” As international child abduction has become an increasingly sore point between Japan and other countries, foreign envoys have been making concerted efforts to understand the issue from the Japanese side. Having been told repeatedly by their Japanese counterparts that it is not a crime, some diplomats may be confused by recent cases of non-Japanese parents being arrested, even convicted for “kidnapping” their own children. I don’t think I helped much, since my contribution was something along the lines of “Well, it probably depends on whether the authorities need it to be a crime.”

Of course, the very question “Is x a crime?” reflects a fairly Western view of the law as a well-defined set of rules, the parameters of which people can know in advance in order to conduct themselves accordingly. However, there is a Confucian saying that is sometimes interpreted as “The people do not need to know the law, but they should be made to obey it.” This adage was a watchword of the Tokugawa Shogunate, whose philosophy of government was based in part on neo-Confucian principles.

It is also a saying that could provide some insights into why it sometimes seems difficult to get a clear answer about what exactly the law is in modern Japan. I am not suggesting that Japanese police and prosecutors have Confucian platitudes hanging framed over their desks, but knowing the law is a source of power. Being able to say what the law means is an even greater one, particularly if you can do so without being challenged. In a way, clearly defined criminal laws bind authority as much as they bind the people, by limiting the situations in which authorities can act. Since law enforcement in Japan often seems directed primarily at “keeping the peace,” laws that are flexible are more likely to serve this goal…

Kyodo: Ten prefectural police authorities on Tuesday launched coordinated on-site inspections of around 426 car scrap facilities across the country, suspecting that the facilities, run mostly by foreigners, could be breeding grounds for crimes such as vehicle theft, auto parts smuggling and harboring illegal immigrants.

The inspections were conducted based on the antique dealings law, the immigration law, the building standards law and other legislation, with the participation of immigration authorities and some local governments. Of the 426 facilities, 14 were raided based on warrants issued by courts.

Investigators said the raids are part of Japan’s efforts to tighten security ahead of a meeting of government leaders from Asia-Pacific rim countries in Yokohama in November, as some of the facilities could be linked to international terrorist groups.

The inspections and raids had led to the arrest of seven foreigners including Iranians, Ghanaians, Vietnamese and Chinese in Kanagawa, Saitama, Tochigi and Chiba prefectures on suspicion of violating the immigration law, police said.

COMMENT: My main one is that the majority of the raids were conducted without warrants, something I’m not sure would be permissible at Japanese-run chop shops without a suspicion of a crime. NJ, however, fall under immigration law, meaning they are more vulnerable to random search for suspected visa violations (and oh by the way we’ll check the business you run too while we’re at it). I don’t know much about the subject (or the market), so those who do please feel free to fill us in.

As a Sunday tangent, here’s a Newsweek article making an argument that immigrants do not increase crime rates. It’s talking about the US example, but FYI. But it’s more food for thought when the NPA keeps erroneously telling us that NJ crime is on the rise.

Excerpt: So, yes, there are pretty compelling data to support the argument that immigrants as such—even presumably “illegal” immigrants—do not make cities more dangerous to live in. But what mechanism about such immigration makes cities safer? Robert J. Sampson, head of the sociology department at Harvard, has suggested that, among other things, immigrants move into neighborhoods abandoned by locals and help prevent them from turning into urban wastelands. They often have tighter family structures and mutual support networks, all of which actually serve to stabilize urban environments. As Sampson told me back in 2007, “If you want to be safe, move to an immigrant city.”

What other variables may be at work driving crime down? The ones most often cited are rising levels of incarceration, changes in drug markets, and the aging of the overall population. The authors ofFreakonomicsargue that the big drop in violent crime during the 1990s was a direct result of Roe v. Wade, the Supreme Court decision that legalized abortion in 1973 and reduced by millions the pool of unwanted children who might have grown up to be criminals a generation later. Still, Wadsworth’s research and the recent FBI data reinforce the judgment that the vast majority of immigrants make our cities safer, especially when police know how to work with them, not against them. To blame all immigrants for the crimes committed by a few, and give the cops the job of chasing them for immigration offenses instead of focusing resources on catching the real bad guys, is simply nuts.

But that message just isn’t getting through. Polls continue to show that the vast majority of Americans think immigrants cause crime…

Sapporo was given a thrill yesterday with a heist at one of it’s biggest department stores, Marui Imai. Somebody went along an outdoor enclosed corridor connecting two buildings over a road, smashed a window on the building, lifted nearly a million bucks of expensive jewels and watches, then rappelled down the building to the street below for a clean getaway. Think Pink Panther comes to Japan’s largest small town.

The media called it a “daring” robbery. But Hokkaido Police, with no other evidence, reportedly said it was so daring it might have been foreigners! I guess Japanese are too docile and uningenious to be daring. I think they forgot the World Cup in Sapporo ended in 2002, so it’s a bit odd to keep blaming crime on them. But again, NJ are a soft and convenient target.

AFP: Scores of foreigners in a Japanese immigration detention centre have been on hunger strike for more than a week, demanding to be released and protesting the mysterious death of an African deportee.

Some 70 detainees — many of them Sri Lankans and Pakistanis — have refused food since May 10, also seeking to highlight suicides there by a Brazilian and a South Korean inmate, say their outside supporters.

The protest comes after UN rights envoy Jorge Bustamante in March raised concerns about Japan’s often years-long detentions of illegal migrants, including parents with children as well as rejected asylum seekers…

Human rights activists, lawyers and foreign communities have complained for years about conditions at Ushiku and Japan’s two other such facilities, in the western prefecture of Osaka and in southwestern Nagasaki prefecture.

At Ushiku, about 380 people are detained, with eight or nine inmates living in rooms that measure about 20 square metres (215 square feet), said Tanaka, a member of the Ushiku Detention Centre Problem Study Group.

“They are crammed into tiny segmented rooms that are not very clean, and many contract skin diseases,” she told AFP…

Hiroka Shoji of Amnesty International Japan said: “The immigration facilities are supposed to be places where authorities keep foreigners for a short period before deportation.

“But some people have been confined for over two years as a result. The government must introduce a limit to detentions.”

Now here we have the Suraj Case making it out of Japan and being reported overseas. The new twist is that the widow now has lost her job allegedly because of the fuss made over her husband’s death while being deported by Japan’s Immigration Bureau. I’m fond of the title, with Immigration being depicted as “Japan’s Bouncers”, and pleased the reporter noted how little coverage this horrible incident got domestically. But the unaccountability regarding the cause of death and a possible homicide at the hands of GOJ officials is no joke.

Economist excerpt: Around 2m foreigners live legally in Japan, which has a population of 128m; the justice ministry counted 91,778 illegal residents as of January. But the number, boosted by cheap Chinese labourers, may well be much higher. After a nine-day research trip last month, Jorge Bustamante, the UN’s special rapporteur on migrants’ rights, complained that legal and illegal migrants in Japan face “racism and discrimination, exploitation [and] a tendency by the judiciary and police to ignore their rights”.

The Special Residency Permit system is an example of the problem. No criteria for eligibility are specified. Instead, published “guidelines” are applied arbitrarily. And people cannot apply directly for an SRP: illegal residents can only request it once in detention, or turn themselves in and try their luck while deportation proceedings are under way. So most illegal residents just stay mum. Mr Suraj fell into the SRP abyss after he was arrested for overstaying his visa. Although he had lived in Japan for 22 years, was fluent in the language and married to a Japanese citizen, his SRP request was denied.

Why the tougher policy now? Koichi Kodama, an immigration lawyer assisting Mr Suraj’s widow, believes it is a reaction to the appointment last year as justice minister of Keiko Chiba, a pro-immigration reformer; the old guard is clamping down. The police are investigating the incident and the ten immigration officers in whose custody Mr Suraj died, though no charges have been brought. As for Mr Suraj’s widow, she has yet to receive details about her husband’s death or an official apology. The topic is one Japanese society would rather avoid. The press barely reported it. Still, when her name appeared online, she was fired from her job lest the incident sully her firm’s name.

As a Sunday Tangent, here is a Cato Institute webcast on Ten Rules for Dealing with Police, especially when you’ve become a target of racial profiling. Not completely applicable to Japan, but some lessons are, and it’s worth a viewing.

Bringing this old article up as a matter of record: I mentioned on Debito.org back in early 2008 about a Swiss woman who came to Japan as a tourist and was arrested on drug charges. She got acquitted not once but twice in Japanese courts, yet was not released on bail because NJ and are considered more of a flight risk. While actual convicted felons are released in the interim if they are Japanese.

Again, foreigners aren’t allowed bail in Japan. Unlike Japanese: When Japanese defendants appeal guilty verdicts, they are not detained (see Horie Takafumi and Suzuki Muneo; the latter, now convicted of corruption twice over, is still on the streets, even re-elected to the Diet!).

So despite being incarcerated as an innocent NJ since 2008, she finally gets booted out for “overstaying her visa” (oh, sure, she could have gone to Immigration any time and renewed, right?) and barred from reentry. Rights of the defendant and “Hostage Justice” depending on your nationality. What a swizz.

Japan Times: The Japanese wife of a Ghanaian who died last month while he was being deported for overstaying his visa called Tuesday on police and the Immigration Bureau to disclose exactly how he died…

The wife’s lawyer, Koichi Kodama, questioned the police investigation, which has not resulted in any arrests.

“If a man died after five or six civilians, not public servants, held his limbs, they would undoubtedly be arrested,” Kodama said, adding he told “exactly that to the prosecutors” he met with Monday in Chiba.

The Chiba police are questioning about 10 immigration officers and crew of Egypt Air, Kodama quoted a Chiba prosecutor as saying. Police said March 25 the cause of death was unclear after an autopsy. Kodama said a more thorough autopsy is being performed.

PRESS CONFERENCE
Mr Suraj’s widow, Koichi Kodama and Mayumi Yoshida
Another illegal immigrant in Japan, another death:
The fatal journey of Mr. Suraj
10:00-11:00 Tuesday, April 20, 2010, FCCJ TOKYO

On March 22, Mr. Abubakar Awudu Suraj, an illegal immigrant who was in the process of being deported to his native country of Ghana, died in Narita.

The circumstances surrounding Mr. Suraj’s death are unknown. What is clear is that the immigration officers used a towel and handcuff to restrain Mr. Suraj as he was boarding an Egypt Air flight. In February, a first attempt to send Mr. Suraj back to Ghana had failed. Since then, he had been subject to confinement. Married since 2006 to a Japanese national, he had spent the equivalent of 2 years in detention for no other crime than staying illegally.

The death of Mr. Suraj follows the suicide by hanging of a South Korean man a week ago in the Ibaraki detention center. And the self-hanging of a young Brazilian man in Ibaraki again. And a hunger strike by 70 detainees at the Osaka detention center in March.

Japan Times: The Japanese wife of a Ghanaian who died while being deported from Japan last month and some 50 supporters took to the streets Monday in Tokyo to demand a thorough investigation.

Holding a banner that read, “Uncover the truth behind the death of Mr. Suraj during his deportation,” the protesters, including Ghanaians living in Japan, marched through Roppongi shouting “We want justice.”

Although a police autopsy on Abubakar Awudu Suraj, 45, reportedly failed to pin down the cause of death and found no traces of violence, his wife and her supporters believe the death was probably caused by immigration officers…

Asian People’s Friendship Society, a support group that organized Monday’s protest, said on its Web site that the immigration officers put a towel into Suraj’s mouth as they tried to subdue him, and he died shortly afterward.

Addendum to yesterday’s post on the Ibaraki Gaijin Tank Hunger Strikers and the upcoming meetings with the government. The Japan Times has put out another article, which I will excerpt from. It also hints at the timing of it, wondering whether it’s due to Special Rapporteur Bustamante (to whom I will be talking tomorrow, wish me luck) visiting Japan. Which means, once he leaves, things go back to the ignored normal? Fortunately, according to the article below, we have some traction within the ruling party on this issue as well, so let’s hope in the end we see progress. Although, as noted before, Japan’s police forces have quite extreme (and unaccountable) powers, especially as regards treatment of NJ, so unless some legal changes are made to this largely extralegal system itself, the amount of oversight necessary in an already abusive system is pretty demanding.

Excerpt: I wish to focus on the situation of peoples of “foreign” origin and appearance, such as White and non-Asian peoples like me, and how we tend to be treated in Japanese society. Put simply, we are not officially registered or even counted sometimes as genuine residents. We are not treated as taxpayers, not protected as consumers, not seen as ethnicities even in the national census. We not even regarded as deserving of the same human rights as Japanese, according to government-sponsored opinion polls and human rights surveys (blue folder items I-1, I-6 and III-6). This view of “foreigner” as “only temporary in Japan” is a blind spot even the United Nations seems to share, but I’ll get that later.

Here is a blue 500-page information folder I will give you after my talk, with primary source materials, articles, reference papers, and testimonials from other people in Japan who would like their voice heard. It will substantiate what I will be saying in summary below.

[...] [I]t is we “Newcomers” who really need the protections of a Japanese law against racial discrimination, because we, the people who are seen because of our skin color as “foreigners” in Japan, are often singled out and targeted for our own special variety of discriminatory treatment.

Here are examples I will talk briefly about now:
1) Discrimination in housing and accommodation
2) Racial Profiling by Japanese Police, through policies officially depicting Non-Japanese as criminals, terrorists, and carriers of infectious disease
3) Refusal to be registered or counted as residents by the Japanese Government
4) “Japanese Only” exclusions in businesses open to the public
5) Objects of unfettered hate speech…

What follows is the Table of Contents for an information packet I will be presenting Special Rapporteur for the Human Rights of Migrants Jorge A. Bustamante, who will be visiting Japan and holding hearings on the state of discrimination in Japan. Presented on behalf of our NGO FRANCA (Sendai and Tokyo meetings on Sun Mar 21 and Sat Mar 27 respectively).

It’s a hefty packet of about 500 pages printed off or so, but I will keep a couple of pockets at the back for Debito.org Readers who would like to submit something about discrimination in Japan they think the UN should hear. It can be anonymous, but better would be people who provide contact details about themselves.

Last call for that. Two pages A4 front and back, max (play with the fonts and margins if you like). Please send to debito@debito.org by NOON JST Thursday March 18, so I can print it on my laser printer and slip it in the back.

Here’s what I’ll be giving as part of an information pack. I haven’t written my 20-minute presentation for March 23 yet, but thanks for all your feedback on that last week, everyone…

Japan Times: At least 70 detainees at the West Japan Immigration Control Center, which has long been criticized by human rights groups and Diet members, have been on a hunger strike since Monday, center officials and volunteers helping them confirmed Thursday.

Activist Sano-san reports: Our group decided not to use [name deleted's] name on articles that goes to public from now on. He has hepatitis B and has fever since December. Obviously bad health condition. But the center is not taking to him to the hospital, and also did I mention that they share the same razor to shave? We talked to Nishimura at the center, but they denied it , and said that each razor has the number so that the detainee will know which one is his. Detainees said there is no number on the razor. Nishimura also said that razors are sterilized after detainees use them.

Let me forward something to you about conditions in Japan’s Immigration Detention Centers (better known as “Gaijin Tanks”) — an activist named Sano-san who wants to draw long-overdue attention to widespread abuse of NJ in these notorious extralegal prisons. Link to Japan Times article substantiating Sano-san’s claims follows her email. Reporters, be in touch with her (or me at debito@debito.org) if you want more information.

The extralegal powers of Japan’s police forces are atrocious, and they are especially bad when people fall completely outside the legal system (as in, NJ detainees not tried and convicted criminals, with a term-limited sentence and minimum prison conditions as stipulated by law; these are people who can be held indefinitely in crowded conditions, without oversight, access to exercise, medical care, hygiene, etc.) They just happen to be NJ (because Gaijin Tanks cannot hold Japanese) and thus remain shrouded in even more secrecy than usual (as people assume they’re full of riffraff trying to come in and take advantage of Rich Citadel Japan) and operate under the media radar. Trying to remedy that.

Sano-san: Ibaraki Detention Center is a very brutal and abusive place to be. Since March 8th, about 80 male detainees are doing hunger strike.

Japan Times: Detainees allege abuse at Kansai holding center
Guards meting out harsh treatment behind the walls of Ibaraki immigration facility, say inmates

It’s that time of year again. Time for the National Police Agency (NPA) Spring Offensive and Media Blitz against foreign crime. Article, then comment, then some original Japanese articles, to observe yet again how NJ are being criminalized by Japanese law enforcement and our domestic media:

No. of white-collar crimes by foreigners up by 31.2% in 2009
Thursday 25th February, 2010 Kyodo News
TOKYO — The National Police Agency detected 964 white-collar crimes by visiting foreigners in Japan last year, up 31.2% from the previous year, it said Thursday. The number of visiting foreigners charged with such crimes came to 546, up 7.9%, according to the NPA. It said notable among the crimes was teams using faked credit cards.

The overall number of crimes committed by all foreigners in the reporting year fell 11.1% to 27,790, with 13,282 people, down 4.3%, charged, the NPA said.

COMMENT: Yep. Same old same old. Parrot the NPA: Highlight the NJ crime rises, and play down the fact that NJ crime overall has gone down. And of course no depiction of J “white collar” (whatever that means) crime numbers, nor their ups or downs to give a sense of scale.

Here’s a case of how the GOJ can be incredibly insensitive towards how the J cops police NJ: Not issuing them documents properly just in case they get snagged for Gaijin Card checks:

Mainichi: “A Rwandan man seeking refugee status in Japan has been held in custody for over two weeks, on suspicion of violating the Immigration Control Law.

The office of the United Nations High Commissioner for Refugees (UNHCR) and refugee relief organizations are requesting his release, police said.

The 30-year-old was arrested on Jan. 7 for failing to present valid identification after stopped by local police in the Aichi Prefecture city of Kita-Nagoya, according to his lawyer. He was carrying a copy of the receipt for his refugee status application, but the document was deemed invalid without a photograph.”

This negligence on the part of otherwise thorough policing in Japan is worse than ironic. It should be unlawful — harassing, even incarcerating, otherwise law-abiding NJ just because they got zapped by racial profiling in the first place.

Opening: They say that human rights advances come in threes: two steps forward and one back. 2009, however, had good news and bad on balance. For me, the top 10 human rights events of the year that affected non-Japanese (NJ) were, in ascending order:

10) “Mr. James”, 9) “The Cove”, The pocket knife/pee dragnets (tie), 7) “Itchy and Scratchy” (another tie), 6) “Newcomers” outnumber “oldcomers”, 5) Sakanaka Proposals for a “Japanese-style immigration nation”, 4) IC-chipped “gaijin cards” and NJ juminhyo residency certificates (tie), 3) The Savoie child abduction case, 2) The election of the DPJ, and 1) The “Nikkei repatriation bribe”.

Now here’s what I don’t get. Ichihashi’s charge has been upgraded from corpse abandonment to outright murder. But why wasn’t it before? What new information has been brought out since his apprehension? Police already knew about the body, the disposed-of hair, the fact that she accompanied Ishihashi to his apartment and was last seen there. And now suddenly his DNA matches bodily fluid found on her corpse. But didn’t the police know all of this before? It’s not as though Ichihashi’s interrogation revealed him admitting any new information (after all, he’s not talking).

Why is it that he gets charged with mere corpse abandonment (something that frequently happens when a NJ gets killed) up until now, whereas if something like this is done to a Japanese victim (as posters with Ichihashi’s fellow murder suspects indicate), it gets a full-blown murder charge? Why the delay until now? I wish I had the information to answer these questions.

Final thing I find odd: Good for father Mr Hawker being tenacious about this case. There are plenty of other murders (Tucker Murder, Honiefaith Murder, Lacey Murder, and Blackman Murder) and assaults (Barakan Assault) of NJ that the NPA and the criminal courts gave up on all too easily. Does the family of the NJ victim have to pursue things more doggedly than the police before the NPA will actually get on it (as they had to do for Lucie Blackman’s killer, and he still got acquitted for it)? It only took the NPA close to three years to get Ichihashi, and that was after a tip from a face change clinic (not any actual police investigation).

Why this half-assedness for crimes against NJ? Sorry, there’s lots of things here that just don’t make sense, and they point to different judicial standards for NJ victims of J crime.

Let’s look how deep the rot runs. It’s not just human traffickers bringing in NJ on “Entertainer Visas” sponsored by the State. It’s not just factories bringing in NJ on “Trainee and Researcher Visas” to exploit as sweatshop labor — again, sponsored by the State. It’s even now according to the Mainichi article below the Immigration Bureau profiteering, using their power for rents-seeking (in the academic sense) to skim off money again from migrants.

Although not an elixir for all these problems, an Immigration Ministry with clear immigration policies (and not mere policing powers, given how unaccountable the Japanese police are; even below an “internal investigation” has been promised; bah!) would in my view help matters.

The big losers are of course the commodities in these exchanges — people, i.e. the NJ, who are here at the whim, pleasure, and profit of the powers that be. Sickening.

Japan Times: We are about to start a new decade. This past one has been pretty rotten for NJ residents. Recall the campaigns: Kicked off by Tokyo Gov. Shintaro Ishihara’s “Sankokujin Speech” in 2000, where he called upon the Self-Defense Forces to round up foreigners in the event of a natural disaster, we have had periodic public panics (al-Qaida, SARS, H1N1, the G8 Summits and the World Cup), politicians, police and media bashing foreigners as criminals and terrorists, the reinstitution of fingerprinting, and increased NJ tracking through hotels, workplaces and RFID (radio-frequency identification) “gaijin cards”. In other words, the 2000s saw the public image of NJ converted from “misunderstood outsider” to “social destabilizer”; government surveys even showed that an increasing majority of Japanese think NJ deserve fewer human rights!

Let’s change course. If Hatoyama is as serious as he says he is about putting legislation back in the hands of elected officials, it’s high time to countermand the elite bureaucratic xenophobes that pass for policymakers in Japan. Grant some concessions to non-citizens to make immigration to Japan more attractive.

Otherwise, potential immigrants will just go someplace else. Japan, which will soon drop to third place in the ranking of world economies, will be all the poorer for it.

Quick missive from Aly Rustom a couple of days ago. This is how he dealt with a Gaijin Card Checkpoint by cops in Ueno last week, apparently successfully. He asked for their ID and dared to try to photograph it, and the cop. FYI. Link included on what your rights are when the Police State Tendencies have you in their sights.

Jake Adelstein, whose new book TOKYO VICE just came out, was interviewed on America’s National Public Radio program “FRESH AIR” on November 10, 2009. What follows is an excerpt from their podcast, minute 23:45 onwards, which talks about how domestic laws hamstring the NPA from actually cracking down on human trafficking and exploiting NJ for Japan’s sex trades. Jake’s work in part enabled the US State Department to list Japan as a Tier-Two Human Trafficker, and got Japan to pass more effective domestic laws against it.

Read on to see how the process works in particular against NJ, given their especially weak position (both legally and languagewise). If NJ go to the police to report their exploitation, it’s the NJ who get arrested (and deported), not the trafficker. And then the trafficker goes after the NJ’s family overseas. Glad people like Jake are out there exposing this sort of thing.

The Today Show (USA) has an update on the Savoie Child Abduction Case from the perspective of left-behind father Christopher Savoie, notably his treatment in Japanese police custody and how he is, in his words, “dead to my kids”. FYI.

In probably one of the most embarrassing criminal investigation bungles in recent memory, the prime suspect in the Lindsay Ann Hawker murder case, Ichihashi Tatsuya, is still at large after closing in on three years since he gave the slip to cops who knocked on his apartment door.

Recent reports are that he has probably had cosmetic surgery and has a new face. Here are the mug shots. What gets me is that he can’t be on the lam this long without some sort of financial support. Rumors abound (from temporary work in construction to doing tricks for the gay community; all apocryphal), but his family denies that they are supporting him. I find that especially hard to believe now that he’s undergone very expensive cosmetic surgery.

Like Ichihashi, keep your eyes peeled, everyone. Let’s get this suspect in jug where he can answer a battery of questions about his whereabouts and motives for the past few years.

Shinjuku JR minami-guchi, where, in previous years, hundreds halloweeners had gathered to start the party on a specific train of the Yamanote line. This year, there were

- at least two hundred cops all over the station.

- several dozen of cops inside, blocking the staircase leading to the Shibuya direction platform

- cops blocking every costumed person from entering the station

- per every stop of the Yamanote, there were at least half a dozen cops on the platform

- in the train, there was at least three different Japanese with video cameras with the specific purpose of documenting gaijin atrocities

- and a premier for this year, there were at least more than 100 PROTESTERS outside the kaisatsu…

Foreign Policy.com reports something interesting, and if true, exposes a deeper grain of irresponsibility within the USG:

“Even before Savoie traveled to Japan, he contacted the State Department’s Office for Citizen Services to ask for advice on how to get his children out of Japan. State Department officials advised Savoie that because a U.S. court had awarded him sole custody on Aug. 17, he could apply for new passports for the children if he could get them to the Fukuoka consulate.”

Well, that didn’t happen. More media (not only on Savoie Case) in this blog entry, including accusations of Savoie being tortured in prison (it would be tantamount to such under international standards, as the UN has stated about Japan in the past), a divorced international family containing a child with a medical condition being financially strangled by court limbo, and Noriko Savoie reportedly complaining that she was treated “like a babysitter” and cheated out of money in the divorce settlement! Boy I’m glad I’m not a divorce lawyer.

I got this email on October 5, 2009 from a reader who asks if Driver License schools are requiring three items of proof of valid visas from NJ before letting them take their driver’s ed classes? I said this is the first I’ve heard. Anyone else out there hearing that? Anyone even heard of the document called a “Kisai Jikou Shoumeisho”. Read on:

Plaintiff Valentine Support Group: WHO MAY BE THE NEXT VICTIM? Mr. Valentine who was beaten up with a broken knee by the uncovered police officers 4 years ago, is calling on the foreign community living in Japan to attend his next high court trial on 6th. tuesday 2009. By 2:30pm. Venue: Tokyo High court. Kasumigaseki. 8th floor. Room 808.

Why? This Case is very important to attend is because some thing strange is going on with this case. On 6th. tuesday, a DNA professor. Prof Ishiyama. is coming to give his expert opinion about the cause of the broken knee. on behalf of the Tokyo Govt.

We need Justice to be done. Your presence is highly needed. This matter has being going on for 4 years now.

An American named Christopher Savoie faced a case of child abduction when his Japanese ex-wife Noriko did something that is increasingly coming to light (and has been featured prominently on Debito.org in the past): abducted their children to Japan.

Japan has now become truly infamous as a haven for international child abductions, due not only to its non-signatory status vis-a-vis the Hague Treaty on International Child Abductions, but also because its problematic koseki Family Registry system enables one parent sole custody of the kids (and no visitation rights — I know: I’m divorced, and despite Japanese citizenship, I’ve seen one of my daughters all of *once* over the past close to five years): abduction and lack of contact in Japan happens regardless of nationality, but it’s particularly disadvantageous for NJ because they don’t even have a koseki to put their children on (not to mention the difficulty of conducting an intercontinental custody battle).

This issue has been brought up numerous times internationally over the years, to a lot of handwringing (and some biased domestic media coverage) on the part of Japan. Consequently, no abducted child to Japan, according to a number of embassies and and the upcoming documentary FROM THE SHADOWS, has EVER been returned. Even though, in Mr Savoie’s case, he was awarded custody of his children by a Tennessee court, and there is an arrest warrant out for his wife in the US.

So Mr Savoie did something I consider very brave. He came to Japan and tried to retrieve his children. He put them in his car and did a runner for the Fukuoka US Consulate. However, according to online and word-of-mouth sources familiar with this case, the American Consulate would not open the gate for him. I’ve known for quite some time that the USG is quite unhelpful towards its citizens, but this is getting ridiculous. Especially since the children are also US citizens.

Mr Savoie was then arrested by Japanese police and charged with kidnapping — a charge that may incarcerate him for up to five years, and his outcome at this writing remains uncertain.

But it’s about time somebody took a stand like this, if you ask me, since no other channels are working (witness what happened in the very similar Murray Wood Case), and nothing short of this is probably going to draw the attention this situation needs. Bravo Mr Savoie!

Links to videos from CNN, NBC’s TODAY Show, and a local TV network doing fine investigative journalism, plus copious archives and real-time updates at the Children’s Rights Network Japan all blogged here. The latest: CNN reports the GOJ claiming Savoie is a naturalized Japanese citizen!

In Part Six of this retrospective on the Otaru Onsens Case a decade on, I talk about how the J media misinterpreted the issues revolving around the “JAPANESE ONLY” signs up at Otaru Onsen Yunohana et al., and how they wound up fanning the fires of exclusionism by spreading fear of foreigners (particularly vis-a-vis foreign crime).

As I chart in book “JAPANESE ONLY”, when we first started this case in September 1999, NJ were seen as “misunderstood outsiders”, impaired by “culture” as their monkey on their back. But following GOJ policy putsches by politicians like then-PM Koizumi and Tokyo Gov Ishihara (who in April 2000 famously called upon the Nerima SDF to prepare for “foreigner roundups” to prevent riots in the case of a natural disaster), NJ became a public threat to Japan’s safety and internal security (even though NJ crime was always less than J crime both as a proportion and of course in terms of absolute numbers). Then more doors slammed shut and more signs barring NJ from entry went up — some of them direct copies of the signs in Otaru. Hey, as those onsens indicated, exclusionary signs are not illegal.

Thus, although we made progress in the first six months of the Otaru Onsens Case, getting signs down in two of Otaru’s three exclusionary onsen, we could not compete with the national government and media saturation, and lost all the ground we gained and then some. The media’s overfocus on NJ crime to this day affects the debate regarding assimilation.

Embedded videos of how the media could not escape linking NJ rights with foreign crime follow.

OTARU ONSENS TAPE (1999-2003) PART ONE
CONTENTS WITH TEACHING NOTES
1) TV ASAHI NEWS STATION on ANA BORTZ DECISION (Nationally broadcast October 12, 1999) (10 minutes). National broadcast. Describes the first court decision regarding racial discrimination in Japan, citing the UN Convention on the Elimination of Racial Discrimination, and the fact that Japan has no law against racial discrimination. Imbedded video and mp4 format for viewing on iPods available.

COMMENT: What’s remarkable about this broadcast is how thoroughly it describes the Bortz Case and the UN CERD. Also the videotape, from Sebido Jewelry Store security cameras in Hamamatsu, showing the owner refusing Ana quite forcefully. It is the most sympathetic broadcast to come out during the Otaru Onsens Case, and unfortunately it would come at the very beginning, before the media really lost the point.

The Ana Bortz Lawsuit would inject new energy into the Otaru Onsens Case (which first started in earnest on September 19, 1999, about a month before), offering positive legal precedent for the onsens to take their signs down. Shortly afterwards, one did (Onsen Panorama). The other two, Onsen Osupa, would take until March 2000 and a lot of beers and making friends with the owner. The last one (in Otaru, at least), Onsen Yunohana would take until January 2001, nearly fifteen months and a lot of events later, on the day that we announced that we would be suing them. Then, and only then, and Yunohana only replaced it with a new set of exclusionary rules. It would take several years to prove this, but these moves would be a losing formula for them in court. More in my book JAPANESE ONLY.

September 16, 2009 11:26:32 AM JST
Don’t really want to open a can of worms here, and would prefer that this stay anonymous if blogged, but I was stopped by the police in Narita airport after returning from a two-week trip to the states yesterday.

There were many officers deployed in a couple of lines to catch anyone comming off the escalators to the trains out of the airport. They were carrying clipboards and stopping anyone who looked foreign for a “passport check.”

COMMENT: Anyone else experiencing this in Japan’s airports? Of course, I have on several occasions (one here and another here). Others, please pipe up. As the author says, this passport checkpoint coming so fast on the heels of Immigration checks is a bit much.

Japan Times: The first foreign defendant to be tried in a lay judge trial was sentenced Friday to five years in prison at the Saitama District Court for two counts of robbery resulting in injury…

The lay judge system, which debuted in May, requires courtroom participants to make their arguments orally so trials are easier for people who are not legal professionals to follow, which in turn means more work for the interpreters in cases involving foreign nationals.

Much of the focus in the latest case was on whether the two Tagalog interpreters could accurately convey the tone of the remarks and how their interpretation might affect the decisions of the lay judges.

After a very nasty discussion on Debito.org last month, regarding the validity of a story by Brian Hedge that a 74-year-old tourist was incarcerated for more than a week just for holding a pocket knife, the Japan Times has come through (The only media to bother — subscribe to the paper, everyone! Who else you gonna call?) and confirmed that it actually did happen. The Japan Times Community Page also ran a series of responses on Tuesday from readers, many outraged, by this treatment. Here they are:

It sure would be nice for the anonymous nasties who raked people over the coals to capitulate now. How ’bout it?

It’s all over the news these days, probably receiving more press than even when Michael Jackson died. Celebrity Sakai Noriko (and her husband)’s arrest for drug use. The word “junkie” has certainly entered the lexicon.

The latest: Despite Noriko’s yakuza connections, her husband is saying foreigners supplied their drug habits.

Turning the keyboard to some concerned NJ residents of Japan, who poignantly foresee not only hypocrisy, but a reinforced spate of NJ crackdowns for drugs…

Here are some interesting stats: Proportions of foreigners within jail populations. Saudi Arabia has by far the highest. But Japan is well up there as well, and as a comparative proportion of the total domestic population significantly higher.

What we need now is a chart weighting the percentage of foreigners within a population compared to this proportion of foreigners within the prison population, to see the disparity in conviction rates. (I’ve done some preliminary searches: I can only seem to find comparative charts going up to 1997 for some reason; woefully out of date, so I’ve done a quick country-by-country search for a few select countries).

Speaking for Japan only, that visibly seven percent or so looks many multiples of the 1.7% of the NJ population (about 4x), meaning that roughly speaking you are four more times likely to be incarcerated if you are foreign than if you are Japanese. And with all the racial profiling and targeting that goes on by the Japanese police forces, this is a sad if not scary statistic.

Freeman: Dear Debito, I have read all of your great advice, thank you for kindly sharing. Please share this easy-to-remember summary with your readers.

Are you a human being here in Japan who appears to be Non-Japanese?
Do you want to avoid being coerced into interrogations by police officers?
Then here is how to respond when a police officer asks to speak with you:

#1 Silently show your Alien Registration Card.* **

#2 Say, “Ittemo ii desu ka?”
Repeat this exact sentence, without adding any other words, until the police officer admits, “Hai.”

#3 After hearing “Hai.” you are free to leave.

The police officer might try to fool you into speaking further…

Last May I put out an article in the Japan Times about the (now approved) IC Chips in revamped Gaijin Cards. How they would enable the police forces to remotely track foreigners in a crowd, and how data would be less secure from hackers.

Not unsurprisingly, I was told I was exaggerating. But it’s hard in this day to exaggerate the reach and rate of development of technological advances (who would have thought we would have this very medium to communicate through a little over ten years ago?). So here are some sources showing how 1) ID Chips and RFID technology is eminently hackable and remotely trackable, 2) how police already have IC scanning ability in their walkie-talkies, and 3) how the Japanese police in particular are using ID cards beyond their originally-intended purpose to track crime. I don’t think I was exaggerating at all.

The Ibaraki Police are at it again. JR Mito Station, July 18, 2009. Another one of those police posters up in a public place explicitly making the case that Japan’s shores have to be defended from foreigners, and calling for public assistance to help the armed police surround and subdue them.

It’s the third poster in as many years. Despite the addition of the spicy red background, it’s arguably more subdued than last year’s (click to expand in your browser), where they bore automatic weapons and did Normandy Beach maneuvers. Where’s the budget for these redesigns coming from? And why does Ibaraki think it’s specially prone to invasion? Not as if it’s facing the usual suspects (China and North Korea). More mysteries from our boys in blue.

Crie du coeur about tourist treatment in Japan:

I’m writing this email to all of you because I feel it’s in your best interest to understand how dangerous it is for tourists to visit Japan.

On July 2nd in Shinjuku, a 74-year-old American tourist walked into a koban to ask directions. Inside the koban was an older (senior) police officer and a younger (rookie?) police officer. The American asked where Kinokunia Book Store was and the police officer responded by asking the American if he had a pocket knife. The American being the law abiding citizen that he is said “Yes!” and handed it to the senior police officer. After a quick measurement of the knife, the police officer arrested the 74-year-old man for having a pocket knife 1 centimeter over the legal limit.

The most amazing parts to the story, a new law about pocket knives had just gone into effect one day before thisTOURIST was arrested, making this entire situation more ridiculous! Moreover, 2 other American tourists were arrested that same day at the same koban.
[He was held in police custody for nine days.]

UPDATE JULY 28, 2009: A version of this letter was published in the Japan Times today.
UPDATE AUGUST 25, 2009: The Japan Times corroborates the story as true with an article.

Here’s an important bellwether essay from Jiei, a fellow naturalized Japanese citizen who was singled out for a Gaijin Card Check by Osaka Cops last night. He tells the story of how he stood up for himself despite being explicitly suspected of being drunk or on drugs, and for sitting on a swingset while white when taking a break from jogging in a park. He cites the law back to the cops chapter and verse, but they undeterredly continue the questioning and racial profiling. I won’t give away the ending.

The point is, this is going to happen more and more often as more people naturalize, and more Japanese of international marriages come of age and get hassled for not looking “Japanese” enough to allay cops’ suspicion. This is not legally sanctioned, in any case. Which means people must learn about their rights and assert them, because there are no other checks and balances here.