Archive for the 'Injustice' Category
Cases where there are clear instances of injustice, no matter what the authorities or judiciary say.
Posted by Dr. ARUDOU, Debito on 22nd February 2015
Getting back to another issue in Japan that has long needed fixing — the judiciary — here are some overseas experts talking in a comparative perspective about Japan’s Immigration Detention Centers (aka Gaijin Tanks) that they liken to “prisons”. In fact, they’re worse than prisons, because they don’t come under the same judicial oversight for minimum standards that Japanese prisons do, and detainees, unlike the criminally-incarcerated, do not have a “prison sentence” with a limited time-frame attached to it. Not to mention Gaijin Tanks add a second layer of incarceration for NJ only, where even the NJ exonerated of a criminal offense get released from prison only to wind up in a Gaijin Tank for “overstaying” the visa they couldn’t renew because they were incarcerated. For people in Gaijin Tanks, detention can be perpetual, and that’s before we get to the horrible, even lethal, treatment they suffer from while in custody. Read on:
JT: When British incarceration inspection expert Hindpal Singh Bhui last month paid his first visit to a Japanese immigration detention center, his overriding initial impression was that it looked like a prison. “The fact that if someone comes to visit detainees, the starting point is that you’re behind a glass screen and you can’t touch someone — that feels quite restrictive,” Bhui, team leader for London-based Her Majesty’s Inspectorate of Prisons, told The Japan Times during a recent visit to Japan. “It’s something which perhaps is a prison-style approach and which was surprising to see in immigration detention centers,” Bhui said of his visit to the government facility in Ushiku, Ibaraki Prefecture.
Established in 1982, HMIP is an independent inspectorate with unchallenged authority to probe state-run institutions, from prisons to immigration and military detention centers. The British system stands in contrast with Japan’s immigration inspectorate, which is poorly funded and regarded as having little independence from the government, Japanese lawyers say…
Posted in Anti-discrimination templates/meetings, Gaiatsu, Human Rights, Injustice, Japanese Government | 3 Comments »
Posted by Dr. ARUDOU, Debito on 1st January 2015
As is tradition for JBC, it’s time to recap the Top Ten human rights news events affecting non-Japanese (NJ) in Japan last year. In ascending order:
10) WARMONGER SHINTARO ISHIHARA LOSES HIS DIET SEAT
This newspaper has talked about Shintaro Ishihara’s unsubtle bigotry (particularly towards Japan’s NJ residents) numerous times (e.g. “If bully Ishihara wants one last stand, bring it on,” JBC, Nov. 6, 2012), while gritting our teeth as he won re-election repeatedly to the National Diet and the Tokyo governorship. However, in a move that can only be put down to hubris, he resigned his gubernatorial bully pulpit in 2012 to shepherd a lunatic-right fringe party into the Diet. But in December he was voted out, drawing the curtain on nearly five decades of political theater…
Read the next nine and five bubble-unders below with links to sources:
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Articles & Publications, Bad Business Practices, Bad Social Science, Child Abductions, Cultural Issue, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, History, Human Rights, Immigration & Assimilation, Injustice, Japanese Government, Japanese police/Foreign crime, Japanese Politics, Labor issues, Lawsuits, Media, Otaru Onsen Lawsuit, Racist Images in Media, SITYS, Sport, United Nations | 8 Comments »
Posted by Dr. ARUDOU, Debito on 7th September 2014
In a show of xenophobia mixed with outright meanness, Japan’s political dinosaurs (we all know what a nasty person Ishihara Shintaro is, but remember what kind of a bigot Hiranuma Takeo is too) will propose legislation that will officially exclude NJ taxpayers down on their luck from receiving the benefits to social welfare that they have paid into. Put simply, they are seeking to legislate theft. Oh, and just in case you think “if you want equal rights in Japan, you should naturalize”, they’ve thought of that too, and according to the article below are calling for naturalization to become more stringent as well.
This is on the heels of a dumbfoundingly stupid Supreme Court decision last July that requires Japanese citizenship for access to public welfare benefits. I’ve heard people say that all this decision did was clarify the law, and that it won’t affect the local governments from continuing to be more humanitarian towards foreign human residents. But you see, it HAS affected things — it’s now encouraged rightists to codify more exclusivity, not leftists more inclusivity. In this currently far-right political climate in Japanese politics and governance, more exclusionism, not less, will become normalized, as long as the mindsets and actions of these horrible old men are allowed to pass without comment or critique.
Well, that’s one reason Debito.org is here — comment and critique — and we say that these old bigots should have their legacy denied. But remember, it’s not as simple as waiting for the Old Guard to die off (Nakasone Yasuhiro, remember, is still alive and pretty genki at age 96), because a new generation of conservative elites are waiting like a row of shark’s teeth to replace the old. Be aware of it, and tell your voting Japanese friends about how this affects you. Because no-one else can with such conviction. You must do all that you can so your legacy, not theirs, wins.
Posted in Exclusionism, Human Rights, Immigration & Assimilation, Injustice, Japanese Politics, NJ legacies, Problematic Foreign Treatment, Unsustainable Japanese Society | 20 Comments »
Posted by Dr. ARUDOU, Debito on 18th July 2014
In an event sure to make my year-end top ten most important human rights issues of 2014, Japan’s highest court just overturned the Fukuoka High Court’s 2011 decision, ruling that an octogenarian granny who, despite being born in Japan, living her life here as a Zainichi Special Permanent Resident, and contributing to Japan’s social welfare systems, has no right to the benefits of her contributions because she’s foreign (i.e., not “kokumin”). More comment after the articles:
JT: The Supreme Court ruled Friday that foreigners with permanent residency status are ineligible for welfare benefits, overturning a decision by the Fukuoka High Court that had acknowledged their eligibility under the public assistance law. The decision by the top court’s Second Petit Bench concerned a lawsuit filed by an 82-year-old Chinese woman with permanent residency who was born and grew up in Japan. The woman applied for welfare benefits with the Oita municipal office in Oita Prefecture in December 2008 but was denied the benefits on the grounds she had some savings. The woman then filed a suit demanding that the city’s decision be repealed. She is now receiving the benefits because the municipality accepted her welfare application in October 2011. While the recipients of welfare benefits are limited to Japanese nationals by law, the government issued a notice in 1954 saying foreigners should be treated in accordance with the public assistance law. Since the government limited recipients to Japanese nationals and foreigners with permanent residency in 1990, municipalities have exercised their discretion in doling out the benefits. In October 2010, the Oita District Court rejected the plaintiff’s suit, saying that denying the public assistance law to foreigners was within the discretion of a municipal government. In November 2011, however, the Fukuoka High Court ruled in favor of the plaintiff, saying that foreigners with permanent residency have been protected under the public assistance law.
COMMENT: And now the pendulum has swung again, with a great big Bronx Cheer for all NJ in Japan. More information on what has appeared on Debito.org over the years in this blog entry.
My final thought on this for now is how the online commenters (who consistently blame NJ for anything bad that happens to them) spin this one against the plaintiff? It’s a challenge: She’s an 82-year-old granny Zainichi living her entire life in Japan trying to get her tax benefits back, for heaven’s sake. Still, the reflexes are kicking in. We’ve already had one person commenting at the Japan Times about how this ruling was a means to deal with “illegal immigrants” somehow (the JT immediately spotted this as trolling and deleted it; wish they would be more proactive with my columns as trolls keep derailing any meaningful debate). Any more gems out there, go ahead and quote them in the Comments section below. A ruling this egregiously anti-NJ becomes an interesting psychological experiment to see how far the self-hating gaijin will go to deny they have any rights to anything whatsoever in Japan.
UPDATE JULY 25, 2014: This very blog entry gets cited in the South China Morning Post.
Posted in Articles & Publications, Bad Social Science, Exclusionism, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government, Lawsuits, 日本語 | 61 Comments »
Posted by Dr. ARUDOU, Debito on 7th May 2014
Today’s post is a history lesson, about a very different Japan that took racial discrimination very seriously. Especially when Japanese were the victims of it overseas. Let me type in a section from Majima Ayu, “Skin Color Melancholy in Modern Japan”, in Rotem Kowner and Walter Demel, Eds., Race and Racism in Modern East Asia: Western and Eastern Constructions. Leiden, Netherlands: Brill, 2013, pp. 398-401.
Pathos of the Glorious “Colored”
Japan’s Racial Equality Clause was denied by the Western powers, and racial discrimination such as the Japanese exclusion in California still remains, which is enough insult to raise the wrath among the Japanese. — Emperor Showa, 1946.
As cited, the Emperor Showa (1901-1989) saw the exclusion Act as “a remote cause of the Pacific War”… In fact, opinions against the Japanese Exclusion Act were an immediate reason for public outcry in Japan. The population had become exasperated by the weak-kneed diplomacy that brought national dishonor amidst the emotional bashing from the mass media. This manifested in extremely emotional and near mass-hysteric situation, such as the suicides near the American Embassy on May 31, the follow-up suicides, the events for consoling the spirits of the deceased, and the countless letters sent to the Naval Department calling for war against the United States…
American’s racial categorization aggravated Japan’s anger, which turned to anxiety as a result of Japan’s diminishing sense of belonging in the world; “the world being limited to the Western powers”, as Tokutomi cited earlier, even if Japan earned a status equal to that of the Western powers, there would still be a great “distance” between them, namely one of racial and religious differences, and the whole difference between the East and West. The sentiment of being a “solitary wanderer” rejected by the West contradicts the manner in which Japan brought about its own isolation. Tokutomi also asserted that the express “Asian” had no other meaning beyond the geographical, and thus Japan’s self-perceptions and identity no longer belonged to Asia. The sense of isolation was actually based on the denial of “Asia”, and it came from Japan’s own identification built upon the idea of “Quit Asia and Join Europe”. It could be said that Japan’s contradictory identification came to reveal Japan’s inability to identify with either the East or the West, a situation that came about through the emergence of a consciousness of the racial distance, especially from 1919 to 1924.
COMMENT: Look at how crazy racial discrimination makes people. Mass hysteria? Suicides? Rumors of war? Feeling rejected by the West after the elites had taken a risk and turned the national narrative away from the East? Thereby laying the groundwork for Postwar Japan’s narrative of uniqueness and exceptionalism that fuels much of the irrational and hypocritical behavior one sees in Japan today (especially vis-a-vis racial discrimination towards anyone NOT “Japanese”). Yet during Prewar Japan (when Japan was colonizing), the GOJ denied that it could even ideologically PRACTICE racial discrimination, since it was liberating fellow members of the Asian race (Oguma Eiji 2002: 332-3); and now we get denials that it exists in Japan, or that Japanese even understand the concept of racial discrimination because Japanese society allegedly has no races. After all, racial discrimination is something done to us Japanese by less civilized societies. It couldn’t happen in Japan. Yet it does. And when that is pointed out, then the denialism comes roaring back intertwined, as the above passage demonstrates, with the historical baggage of victimization.
Posted in Cultural Issue, Exclusionism, Gaiatsu, History, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government, Japanese Politics, Media, Shoe on the Other Foot Dept. | 6 Comments »
Posted by Dr. ARUDOU, Debito on 27th October 2013
Here’s another long-standing issue within Japan’s criminal justice system — the two-tiered system of incarceration for foreigners only. When one is being detained for a violation of Japan’s criminal code, you have prison for those convicted and the daiyou kangoku interrogation centers for those awaiting conviction (and almost everyone (95%) who is indicted under this system confesses to a crime, thanks to the unsupervised and harsh interrogation techniques). Almost everyone who confesses to a crime (the most-cited figure is >99%) gets convicted and probably goes to prison.
But then there are the detention centers for foreigners with visa issues who can be incarcerated indefinitely. This is unlike Japan’s prison system where 1) there are international standards for incarceration, and 2) there is a maximum limit — as in a prison sentence — to the duration for inmates. Not so Japan’s foreigners. And not so, as you can see below, Japan’s asylum seekers, where yet another NJ has died in custody due to, the article notes below, lax oversight over the health of their detainees.
I bring this up because this case will no doubt soon be forgotten. Like the other issues of violence, unsanitary food leading to hunger strikes and suicides, Immigration brutality leading to an uncharged murder of a detainee, and more. No wonder some people would prefer an overseas refugee camp than come to Japan to languish and perhaps die in a Gaijin Tank. Best to archive it here as yet another brick in the wall.
AFP: An asylum-seeker collapsed and died after staff at a Japanese immigration center failed to call for a medic, allegedly because the doctor was having lunch, a pressure group said Thursday. Anwar Hussin, a member of Myanmar’s Rohingya ethnic group, fell ill shortly after he was detained on Oct 9, according to People’s Forum on Burma, a Japan-based NGO headed by a Japanese lawyer.
Citing the 57-year-old’s cousin, the group said Hussin had been complaining of a headache all morning and fell unconscious as he began eating lunch in his cell. Fellow detainees—seven people of different nationalities—called for help because he was vomiting and having spasms, the NGO said. Detention center staff rejected their requests that a doctor be called, saying Hussin was just “having a seizure” and that the duty medic was on his lunch break, the group said, citing detainees who had spoken to the dead man’s cousin.
A doctor was summoned 51 minutes after Hussin’s collapse, according to a timeline given to his cousin by the center. Staff made an emergency call four minutes after the doctor’s arrival and 55 minutes after being made aware of the problem, the timeline showed. Hussin died in hospital on Oct 14, it said.
Posted in Human Rights, Immigration & Assimilation, Injustice, Japanese Government, NJ voices ignored, discounted & discredited | 10 Comments »
Posted by Dr. ARUDOU, Debito on 9th April 2013
I am pleased to announce the eBook release of my book “JAPANESE ONLY: The Otaru Hot Springs Case and Racial Discrimination in Japan” Tenth Anniversary Edition, available for immediate download for Amazon Kindle and Barnes & Noble NOOK.
The definitive book on one of Japan’s most important public debates and lawsuits on racial discrimination, this new edition has a new Introduction and Postscript that updates the reader on what has happened in the decade since JO’s first publication by Akashi Shoten Inc. A synopsis of the new book is below.
You can read a sample of the first fifteen or so pages (including the new Introduction), and download the ebook at either link:
Posted in Anti-discrimination templates/meetings, Articles & Publications, Cultural Issue, Exclusionism, Gaiatsu, Good News, Hate Speech and Xenophobia, History, Human Rights, Injustice, Ironies & Hypocrisies, Issho.org/Tony Laszlo, Japanese Government, Japanese police/Foreign crime, Japanese Politics, Labor issues, Media, NJ legacies, NJ voices ignored, discounted & discredited, Otaru Onsen Lawsuit, Practical advice, United Nations, 日本語 | 9 Comments »
Posted by Dr. ARUDOU, Debito on 2nd October 2012
From The Shadows, a documentary film about Parental Child abduction in Japan, will premiere at the Philadelphia Film Festival on October 23rd and October 27th. This film follows the lives of 5 “Left Behind Parents” trying desperately to reconnect with their children after having their child-parent relationship cut by the other parent. Through their individual stories we examine why this situation is so common in Japan and hear opinions from an array of experts on the situation. The film has had work-in-progress screenings on Capitol Hill (Nov. 2011) and in Tokyo (Apr. 2012) that was attended by the foreign ministry and several embassy reps.
The screening venues and times for the Philadelphia Film Festival are:
1. Tuesday October 23rd, 5:00 pm – Prince Music Theater – 1412 Chestnut Street Philadelphia, PA 19102
2. Saturday October 27th 7:35 pm – Ritz East – 125 South Second Street Philadelphia, PA 19106
First go to this link: http://filmadelphia.festivalgenius.com/2012/films/fromtheshadows0_mattantell_filmadelphia2012
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Child Abductions, Gaiatsu, Good News, Human Rights, Injustice, Japanese Government, Media, NJ voices ignored, discounted & discredited, Unsustainable Japanese Society | 5 Comments »
Posted by Dr. ARUDOU, Debito on 6th July 2012
Sad news. The Suraj Case, which has been covered in various media reproduced here on Debito.org, has wound up as predicted: With the Immigration officers getting off with no indictment and the GOJ getting away with murder (if not negligence leading to homicide while in official custody). Even the Japan Times called his death “brutal”. It’s bad enough when you have a criminal justice system where even citizens are victims of “hostage justice”. It’s another when you can get away with killing somebody during deportation just because they’re foreign. One more brick in the wall to demonstrate that once the Japanese police get your hands on you as a NJ, you don’t stand a Chinaman’s Chance, be it in Japan’s criminal investigations, incarceration systems, jurisprudence and standards of evidence, criminal court, or civil court afterwards. In a word, disgusting.
Mainichi: The Chiba District Public Prosecutors Office decided on July 3 not to indict 10 officers of the Tokyo Regional Immigration Bureau on charges of assault and cruelty resulting in a Ghanaian man’s death when they overpowered him aboard an aircraft. In deciding to drop the case, the Chiba District Public Prosecutors Office said, “There is no causal relationship between the action (by the immigration officers) and the death (of the Ghanaian man), and the action was legitimate.”
Posted in Fingerprinting, Targeting, Tracking NJ, Human Rights, Injustice, Japanese Government, Japanese police/Foreign crime, 日本語 | 28 Comments »
Posted by Dr. ARUDOU, Debito on 13th June 2012
Making headlines this past week has been the Govinda Mainali Murder Case, a cause celebre I’ve known about for years (thanks to a very active domestic support group with regular mailings in Japanese). It’s come to a head, where DNA evidence has finally cast enough doubt on the evidence behind the conviction (see Yomiuri article immediately below), and it’s come to light (see Japan Times editorial below) that the prosecution withheld (or didn’t bother to have tested) vital evidence from the court (yes, they can do that in Japan) that would have exonerated him. It also put him in double jeopardy, meaning trying him more than once for the same crime (technically illegal, but yes, they can do that in Japan), reversing a not-guilty decision in lower court. As if that wasn’t enough, note the date of the Yomiuri article below stating the negative DNA test (July 2011) — meaning it only took Japan’s criminal justice system about a year for him to finally get his retrial, on top of the 15 years he’s been incarcerated. And after all that, now that it looks like Govinda is going to have his name cleared, Immigration is just going to deport him. The police in Japan are sore losers.
Now, check out the details in Terrie’s Take below, where the plot really thickens because the murder victim, a prostitute in her off-hours, was an employee with TEPCO (yes, that TEPCO) with names of some high-level clients in her address books…
As Terrie Lloyd notes below (as have I in the Japan Times), the already prosecutor-heavy criminal justice system in Japan is even more so if the suspect is a NJ. More and more it looks like Govinda Mainali was actually a patsy for the powerful because he was a convenient foreigner for the Japanese police to pin this on. I’ve already discussed in detail before how Japan’s criminal investigation system is fully stacked against NJ victims (start here with the Scott Kang and Matthew Lacey Cases, then progress to the Suraj Case, where the police have still gotten away with murder). The Govinda Case is yet another case study for everyone to remember for when the NJ are potential perps. Can’t win either way once the Japanese police get their hands on you.
Posted in Good News, Human Rights, Injustice, Ironies & Hypocrisies, Japanese police/Foreign crime, 日本語 | 35 Comments »
Posted by Dr. ARUDOU, Debito on 7th April 2012
Chalk this one up to the idiocracy that springs up whenever unquestioned hegemonic discourse (i.e., “foreigners commit crime”) in a society leads to too much giving the benefit of the doubt. We have some Japanese guy (a junior high school teacher, no less) repeatedly “losing” his luggage while traveling and then successfully getting insurance paid out on it due to claims of “thefts by foreigners”. (The idiot did it with enough frequency that cops became suspicious because they remembered his claims.)
Frauds and blaming foreigners are nothing new. I wrote a whole Japan Times column in 2007 on how foreigners have been targets of a “Blame Game” for many years now. But often it goes beyond comical. We have a trucker in 2004 who overslept his appointment and then formally blamed it on being kidnapped by foreigners. We have a bosozoku biker gang that same year who killed somebody and tried to blame it on a foreign gang. And we have murder suspects in 2006 who tried to blame a homicide on a lurking “blond man” (in a city with very few foreigners to boot).
Clearly the “foreign crime wave” which was fabricated by Tokyo Gov. Ishihara from 2000 has cast a long shadow. As submitter Becky says, “No wonder they get microaggressive, look at all the crime we commit!”
Posted in Humor, Injustice, Ironies & Hypocrisies, Japanese police/Foreign crime | 16 Comments »
Posted by Dr. ARUDOU, Debito on 27th March 2012
In an important decision regarding how Japanese nationality is granted, the Tokyo District Court ruled constitutional on March 23, 2012, that if a person with Japanese blood is born overseas and has another nationality, and if the parents have not registered the child with Japanese authorities within three months of birth, Japanese nationality will be denied.
This fruity ruling is in contrast to the Supreme Court’s June 2008 landmark ruling regarding Japanese-Filipina plaintiffs in a similar situation, where their Japanese nationality would be recognized despite similar bureaucratic registry snafus (as in, Japanese paternity not being recognized within a certain time frame, and if the child was born out of wedlock). That ruling was justified in part by the judges candidly admitting that lack of Japanese nationality would mean clear and present discrimination in Japan towards these people. (In a related note, the GOJ months later declared a “false paternity” panic, and declared countermeasures were necessary; wheels turn slowly within the Japanese judiciary — perhaps this ruling is a countermeasure to keep the Half riffraff out.)
The possibility of discrimination seemed to make no difference in this ruling, as paternity and wedlock don’t seem to be an issue. Place of birth is, meaning this ruling erodes the primacy of Japan’s jus sanguinis (citizenship by blood) conceits in favor somehow of jus soli (citizenship by birthplace).
Granted, Japanese judges are a fruity lot, and District Court rulings are often overturned for their fruitiness (see the McGowan Case, where an African-American plaintiff was refused entry to an eyeglass store by a manager who expressly disliked black people, and the judge said it was unclear that refusal was due to him being black; and the Oita Zainichi Chinese Welfare Case, which tried to rule that foreigners were not eligible for social welfare, despite it being made legal by the Japanese Diet since 1981! — see here also under item six). Let’s hope there is an appeal and this gets taken before a less fruity court.
Posted in Bad Social Science, Exclusionism, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government, Lawsuits, 日本語 | 22 Comments »
Posted by Dr. ARUDOU, Debito on 3rd March 2012
While doing research two days ago, I ran across this curious footnote in journal article (Levin, Mark, “Essential Commodities and Racial Justice”; Journal of International Law and Politics (NYU, Winter 2001) 33:419, at 500, footnote 288), which tells us a lot of something quite remarkable about how much extra-parliamentary legislative power is invested in Japan’s bureaucracy: The power to strip entire peoples of their Japanese citizenship (despite their colonial contributions and experience, including fighting and dying in the Imperial Army) by fiat. By kairan, even.
Levin: The involuntary de-naturalization [of hundreds of thousands of Koreans and Taiwanese persons resident in Japan] was accomplished by administrative fiat, interpreting the Nationality Lw under an implicit association with the 1951 Peace Treaty between Japan and the Allied Powers. “In 1952, nine days before the Peace Treaty came into force, the Director-General of the Civil Affairs Bureau in the Ministry of Justice issued a Circular Notice [an internal government document] to the officials concerned, announcing that all Koreans, including those residing in Japan, were to lose their Japanese nationality.” … Although Japanese courts, including the Supreme Court, have consistently upheld the legality of this act, Iwasawa persuasively argues that the court rulings were analytically unsound, that Japan’s action violated international standards regarding nationality, and that the action was unconstitutional because the act “runs counter to Article 10 of the Constitution, which provides, ‘The conditions necessary for being a Japanese national shall be determined by hōritsu [statutes].’ The question should have been settled by a statute enacted by the Diet.”
This degree of extralegal power — to the point of a simple office memo to disenfranchise for generations an entire minority in Japan — shows just how abusive and capricious Japan’s mandarins can be — and the judiciary will back them up.
Posted in Cultural Issue, Exclusionism, History, Human Rights, Immigration & Assimilation, Injustice, Japanese Government | 28 Comments »
Posted by Dr. ARUDOU, Debito on 11th February 2012
Speaking of incarceration of NJ under unreviewed circumstances (start here), here is what happens when the GOJ suddenly starts, as encouraged by the United Nations and even domestic think tanks such as JIPI, to actually REVIEW its own rules: They discover that not as many NJ need to be incarcerated. Quite a few of not as many. Very high percentages, even.
Well, how about that. Glad this happened, and got some press too. May it happen more often, so that the NPA and Immigration realize that there are some boundaries to their power of interrogation and incarceration, even if (and especially if) the incarcerated happen to be NJ (who are even, according to here as well as the article below, committing suicide rather than take any more of this inhumane treatment).
Mainichi/Kyodo: The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed… The Japanese government came under fire for its long-term detentions in 2007 by the United Nations, which recommended that detention periods should be limited…
Those who were held for at least one year totaled 47, down sharply from 115 at the end of 2009. The Justice Ministry said it has been actively releasing those who are subject to deportation but it sees no need for holding in custody since July 2010… The number of foreign nationals detained one year or longer by Japanese immigration officials dropped significantly after a review of procedural rules for a more flexible approach in response to criticisms about the treatment of long-term detainees, data for last year showed.
Posted in Fingerprinting, Targeting, Tracking NJ, Gaiatsu, Good News, Human Rights, Injustice, Japanese Government, Japanese police/Foreign crime, United Nations | 9 Comments »
Posted by Dr. ARUDOU, Debito on 18th January 2012
Last month I had an extensive interview with Victor Fic of the Asia Times on me, the Otaru Onsens Case, human rights in Japan, and the future. It went up last week. While long-term readers of Debito.org might not find much they haven’t heard before, it’s a good “catch-up” and summary of the issues for interested newbies.
Asia Times: When US-born Dave Aldwinckle became a Japanese citizen named Arudou Debito in 2000, two Japanese officials told him that only now did he have human rights in Japan. Such prejudice galvanized him into becoming a crusader against anti-gaijin(foreigner) discrimination after braving death threats to him and his family. Is Arudou throwing the egg of morality and legality against the rock of ancient bias? In this exclusive interview with Asia Times Online contributor Victor Fic, he sees Japan turning inward.
Victor Fic: Did you ever think that you would become a Japanese citizen?
Arudou Debito: Hell no! I wasn’t even interested in foreign languages as a child. But I moved from my birthplace, California, to upstate New York at age five and traveled much overseas, learning early to communicate with non-native English speakers. I’d lived a lot of my life outside the US before I graduated from high school and wasn’t afraid to leave home. But changing my citizenship and my name, however, was completely off the radar screen. I didn’t originally go to Japan to emigrate – just to explore. But the longer I stayed, the more reasonable it seemed to become a permanent resident, then a citizen. Buying a house and land was the chief reason that I naturalized – a mortgage means I can’t leave. More on me and all this on my blog …
VF: Why do you insist that prejudice towards foreigners in Japan is severe?
AD: It’s systematic. In my latest Japan Times column  I discuss the lack of “fairness” as a latent cultural value in Japan. Japanese tend to see foreigners as unquestionably different from them, therefore it follows that their treatment will be different. Everything else stems from that. My column gives more details, but for now let me note that a 2007 Cabinet survey asked Japanese, “Should foreigners have the same human-rights protections as Japanese?” The total who agreed was 59.3%. This is a decline from 1995 at 68.3%, 1999 at 65.5% and 2003 at 54%. Ichikawa Hiroshi, who was a Saga Prefecture public prosecutor, said on May 23, 2011, that people in his position “were taught that … foreigners have no human rights ” . Coming from law enforcement, that is an indicative and incriminating statement…
VF: Can you cite practical examples from daily life?
Posted in "Pinprick Protests", Anti-discrimination templates/meetings, Exclusionism, Human Rights, Immigration & Assimilation, Injustice, Japanese Government, NJ legacies, Otaru Onsen Lawsuit, Unsustainable Japanese Society | 2 Comments »
Posted by Dr. ARUDOU, Debito on 30th November 2011
Here’s some ghoulish news. According to Yahoo News below in Japanese, there is a biopic in the works on Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, coming out next year based upon his book (which we lambasted here on Debito.org last January as publisher profiteering) about his 2 1/2 years on the lam as a fugitive from justice.
Now, movies about killers are nothing new (including ones with overtones of hero worship; consider NATURAL BORN KILLERS), and biopics about Japanese killers (the very good VENGEANCE IS MINE, starring a lean and mean Ogata Ken, I saw back in college) are also out there (even though VENGEANCE, although it tries to analyze the killer’s motivations and mother complex, did not spare the audience of the horrific detail of his murderous activity). Maybe this movie will do the same (even though many of the details of what Ichihashi did to Hawker’s corpse have not been made public). But the article below says that the contents will focus on his life as a fugitive and offer insights into Japan’s low life (such as the day laborer sector of Airin Chiku; cue sympathy for the killer’s hardships?). In any case, I for one see this as just more profiteering. It looks as though this story will be depicted through Ichihashi’s eyes, and there is apparently already quite an online hero cult out there for this creep that the studios would love to cash in upon.
Again, this sort of media event has happened before, but this is altogether too soon — still seems like moviemakers trying to make a fast yen (and an unknown actor trying to make a directorial debut; he talks briefly below about his “feeling of responsibility” towards the victims, but mostly about how the killer’s account fascinates him, so methinks that’s what the flick will focus upon) before Ichihashi fades from public memory. Ick.
Posted in Cultural Issue, Injustice, Ironies & Hypocrisies, Japanese police/Foreign crime, Media, 日本語 | 25 Comments »
Posted by Dr. ARUDOU, Debito on 7th November 2011
Speaking of odd Japanese police behavior towards NJ in criminal cases: We’ve talked about the Scott Kang and Matthew Lacey Cases here on Debito.org before. Fortunately, these cases have gathered traction thanks to caring family members, and tenacious reporters who don’t accept the NPA’s line that both of these deaths of NJ were mere accidents (while refusing to cooperate promptly and clearly on autopsy reports). I have argued before that Japanese justice operates on a different (and subordinate) track for NJ victims of Japanese crime (i.e., Japanese perps get off the hook, foreign perps get thrown the book). These articles in the Japan Times help to fortify that case (not to mention further illustrate how the USG’s missions abroad are woefully inadequate in providing service and protections to their own citizens).
JT: Nineteen-year-old Scott Kang was found lying unconscious in a pool of his own blood in the early hours of Aug. 26, 2010, in the sixth-floor stairwell of Collins Building 15, an eight-story high-rise of small hostess bars and clubs located near Shinjuku City Hall in Kabuki-cho. He remained in a coma for five days before dying of his injuries, his mother by his side, at the Kokuritsu Kokusai Iryo Kenkyu Center in Shinjuku…
The Kangs and their supporters strongly reject the police finding of accidental death and want to see the case re-opened. They are also deeply unhappy with the way the Japanese police carried out the investigation and their failure to inform the family when they closed the case [in February]… But according to Mr. Kang, he received no communication from the U.S. authorities about the investigation’s closure until early July when an officer from the U.S. State Department telephoned.
Kang says that the failure of the embassy to pass on such critical information in a timely fashion shows the embassy is not taking the case seriously. “I feel the U.S. Embassy acted as if Scott was not a U.S. citizen.”…
JT: Charles Lacey’s brother died mysteriously [in 2004] in Fukuoka and he’s still trying to learn the cause. He believes police bungled the investigation, wrongly concluded the death was due to an accident and are, like prosecutors, purposely withholding key information that could suggest foul play…
The English translation of the postmortem, which was prepared by Fukuoka police and not by the doctor who performed the exam, attributed the death to an “unknown external cause” and “it is suspected the subject was hit on the head.” To the family’s surprise, foul play was ruled out.
Posted in "Pinprick Protests", Bad Social Science, Gaiatsu, Injustice, Ironies & Hypocrisies, Japanese police/Foreign crime, Problematic Foreign Treatment | 21 Comments »
Posted by Dr. ARUDOU, Debito on 4th November 2011
Here we have more reported (thanks to assiduous folks at the Community Page at the Japan Times) on the Suraj Case, a mysteriously underinvestigated case we’ve mentioned here before of police brutality and death of an African during deportation. What gets me is that even some of the veto gates at the Japan Times, according to the editor of this article on his facebook entry, took issue with the use of the word “brutal” in the headline; given what finally came to light regarding the condition of Mr. Suraj’s corpse below, “brutal” is obviously appropriate. And it would not have come to light at all had not Mr. Suraj’s widow and these reporters not pursued this case with such tenacity. Keep it up, Japan Times. Who else in a milquetoast Japanese media that is generally unsympathetic to NJ issues would give a toss?
JT: Abubakar Awudu Suraj had been in Japan for over two decades when immigration authorities detained him in May 2009. The Ghanaian was told in Yokohama of his deportation to Ghana at 9:15 a.m. on March 22 last year. Six hours later he was dead, allegedly after being excessively restrained by guards…
The 45-year-old’s case has largely been ignored in the Japanese media and no politician has answered for his death. An investigation by Chiba prosecutors appears to have stalled. There has been no explanation or apology from the authorities…
An autopsy report seen in a court document notes abrasions to his face, internal bleeding of muscles on the neck, back, abdomen and upper arm, along with leakage of blood around the eyes, blood congestion in some organs, and dark red blood in the heart. Yet the report bizarrely concluded that the cause of death is “unknown.”
Any movement in the Suraj case is largely down to his wife, who wants to remain anonymous. She won a lawsuit against the Justice Ministry, which oversees immigration issues, demanding it disclose documents related to his death. The documents were finally released in May, more than a year after he died…
Posted in Fingerprinting, Targeting, Tracking NJ, Human Rights, Immigration & Assimilation, Injustice, Ironies & Hypocrisies, Japanese police/Foreign crime | 26 Comments »
Posted by Dr. ARUDOU, Debito on 9th October 2011
Getting back to business, here’s an older article on how people who are not native speakers of Japanese are at a disadvantage in the Japanese judiciary due to things lost in translation. Yes, the killer of Lindsay Ann Hawker got his, thank goodness, but not without a degree of unprofessionality unbecoming a purportedly modern justice system, as the JT gets into below. This is not the first time this has been pointed out, yet we still hear of no particular movement to standardize training and certify translators. This lack of prioritization couldn’t be due to allegations that the Japanese judiciary thinks “foreigners”, like yakuza, “have no human rights” (despite, as I have argued, Japan’s clear double standard in criminal jurisprudence depending on nationality). Surely not.
JT: The lay judge trial of accused rapist and murderer Tatsuya Ichihashi, whose verdict is expected Thursday, has captured a lot of media attention since it started July 4, but one element that has escaped notice is the quality of the language translation.
Many errors by a court interpreter, from slight differences in nuance to the loss of a few details, have so far been observed during the high-profile case.
This has prompted concerned legal professionals and linguistic experts to call on the courts to face up to the quality of interpretations when foreign nationals are involved in court cases and to improve the training and status of interpreters…
Posted in Human Rights, Injustice, Problematic Foreign Treatment | 14 Comments »
Posted by Dr. ARUDOU, Debito on 22nd September 2011
BAChome writes to Beth Payne, Director Office of Children’s Issues, U.S. Department of State:
Ms. Payne, Mr. Lake has indicated that he is willing to provide a sworn affidavit that Ms. Vause told him his daughter Mary appeared in person at the Osaka consulate. However, even taking you at your word that Mary Lake called the consulate, we are simply distraught that the consulate employees did not do more to facilitate her rescue and return to her lawful parent…
The State Department’s failure to act during the brief window of time available to rescue Mary allowed her to disappear again into the black hole abyss of Japan, to join the other 374 children abducted to Japan since 1994, none of whom has ever been returned.
We ask you to answer one simple question…if Mary Lake were kidnapped by a STRANGER and held in Japan for six years, and then contacted the US Consulate asking them to “fly her home”, would the consulate actions have been any different, and if so, why? The State Department’s DUTY to Mary Victoria Lake is no different than to any other victim of a felony crime, and for you to treat it otherwise is simply a flagrant disregard for the law…
The State Department has conducted years of meetings, talks, meetings, talks, meetings and talks, but not a single parent has been able to even see their child as a result. This latest incident with William Lake’s daughter only further exacerbates the left-behind parent community’s total and complete loss of confidence in the State Department’s ability to protect our children. What happened to Mary Victoria Lake could have happened to any of our children, and this incident fills us with fear and anxiety that if a window of opportunity someday opens for the rescue of our children, State Department will simply shut that window, as they did with Mary Lake, rather than actually try to return our children.
Posted in "Pinprick Protests", Child Abductions, Exclusionism, Gaiatsu, Human Rights, Injustice, Ironies & Hypocrisies | 6 Comments »
Posted by Dr. ARUDOU, Debito on 2nd September 2011
BAChome: On August 24, 2011, 14 year-old Mary Victoria Lake, a U.S. citizen, who was kidnapped by her mother and taken to Japan in 2005, in one of the most high-profile international kidnapping cases in the United States, walked into the U.S. consulate in Osaka, Japan. She asked to be rescued from her kidnapper, an act of enormous bravery by a teenager who has been cut off from her father and held captive overseas for the past six years. Indifferent and incompetent U.S. Consular officials refused to aid or rescue her and instead sent her back to her kidnapper…
This is third and latest episode of gross negligence by the Department of State toward Mr. Lake and his daughter. Twice previously, they illegally issued passports for his daughter without obtaining the father’s signature, even after it had been established that her father was the lawful parent and the mother was a wanted kidnapper.
Almost all of the existing cases involve at least one parent who is Japanese. This case however is a clear exception. Neither one of the victims nor the kidnapping mother are of Japanese ancestry. There is simply no reason for Mary to be held in Japan. However, no one from the White House or The State Department is publicly demanding the return of Mary Victoria Lake or any of the other 374, and more realistically, thousands of American children held captive there.
It has become starkly apparent to the parents victimized by the crime of parental child abduction that the Department of State clearly values the relations with foreign nations over the safety, well-being and lives of U.S. citizen children being held captive in Japan.
Posted in Child Abductions, Exclusionism, Human Rights, Injustice, Ironies & Hypocrisies | 22 Comments »
Posted by Dr. ARUDOU, Debito on 26th May 2011
The chief prosecutor in the Saga City Agricultural Co-op case, now known to be a frame-up, spoke at a symposium held in Tokyo on May 23, 2011, offering a revealing discussion of the surprising reality of the training he received when he joined his department. “We were taught that yakuza and foreigners have no human rights,” he disclosed, and “public prosecutors were taught to make up confessions and then have suspects sign them.” Describing how terrifying this warped training system is, he added that “after being trained in that way, [he] began to almost believe that this was natural.” The person making the statements about his erstwhile workplace was former public prosecutor Hiroshi Ichikawa…
Mr. Ichikawa was appointed to the Yokohama District Public Prosecutor’s Office in 1993. He said that in his first year, a superior prosecutor taught him that “yakuza and foreigners have no human rights.” Describing his experiences, he mentioned that that superior said, “Foreigners don’t understand Japanese, so you can use whatever threatening language you like if it’s in Japanese.” The same superior also said that when investigating one foreign suspect, he held a pointed awl in front of the suspect’s face and shouted abuse at the suspect in Japanese. “‘That’s how you get them to confess,’ the superior said.”
In his third year, a superior taught him how to obtain a confession; this consisted of the prosecutor taking a document filled with whatever the prosecutor chose to say, threatening the suspect with it, and obtaining the suspect’s signature. What if the suspect refused to sign? “If the suspect resisted, my boss said, I should say that the document was my [investigation], not his [confession form],” said Mr. Ichikawa.
COMMENT FROM MARK IN YAYOI: The Twitter comments that follow [this article] are dispiriting — nobody seems to notice the fundamental incongruousness of discussing members of a criminal organization and people who happen to have different nationalities in the same breath. And then there are the other commenters who support the idea of certain people not having human rights. Others claim that foreign embassies should be the ones to guarantee the rights of immigrants. They miss the fundamental meaning of ‘human’ rights: rights are inherent aren’t handed down by the government! The government can restrict certain people’s rights, but the default state is not ‘zero rights’.”
Posted in Anti-discrimination templates/meetings, Bad Social Science, Human Rights, Injustice, Japanese police/Foreign crime, 日本語 | 20 Comments »
Posted by Dr. ARUDOU, Debito on 25th May 2011
This is a bit of a tangent, but what affects citizens will also affect non-citizens as well (especially so, actually), so here goes:
The Mainichi reported yesterday that two men who were wrongfully committed of a crime were finally released. The problem is that it was a 44-year ordeal for them, thirty years of it spent in prison. And they are not the only examples of this lack of due process. As the article says, “The case has become the seventh in postwar Japan involving the acquittal in a retrial of defendants previously sentenced to death or life imprisonment.”
I’ve said before (after experiencing now six civil court cases that have all been riddled with absolute illogic) that the Japanese judiciary is pretty fucked up. So this is an example of how fucked up the Japanese criminal justice system is. This deserves to be known about. So know about it. (You can also read about it in my novel IN APPROPRIATE.)
NB: Before all you relativists start looking for examples of wrongful convictions in other countries that were later overturned, don’t even bother. For a) it doesn’t justify it happening here, and b) How much of this rigmarole and unaccountability will happen in other healthy judiciaries? Thirty years is a sizeable chunk of a person’s life lost!
Is the Japanese justice system more concerned about looking like it never makes mistakes than about rectifying past ones and avoiding future ones?
Posted in "Pinprick Protests", Human Rights, Injustice, Japanese police/Foreign crime, Tangents | 16 Comments »
Posted by Dr. ARUDOU, Debito on 8th May 2011
Related to the debunkable claims of “Fly-jin” NJ deserting Japan in its time of need, here is an article in the media with a survey of how NJ are actually by-and-large NOT wanting to be “Fly-jin”. Good.
The problem is, it seems (after a short search) that this article has come out in English only — there is no link to the “original Japanese story” like many Mainichi articles have. So this may sadly may not be for domestic consumption. Or it may be available on Kyodo wire services (but again, not in Japanese for Mainichi readers). Sigh
Mainichi: More than 90 percent of foreigners studying or working in Japan expressed willingness to continue staying in the country despite the March 11 disaster, according to a recent online survey by a supporting group for them.
The International Foreign Students Association conducted the survey between March 22 and 26, to which 392 people responded. Of the respondents, 60 percent were students and the remaining 40 percent were graduates, while more than 90 percent of them were from China, Taiwan and South Korea.
Those who are willing to stay in Japan said, “Because I like Japan,” or “At a time like this, I think I want to work together (with Japanese) to help the recovery,” according to the Tokyo-based nonprofit organization.
Posted in Injustice, Ironies & Hypocrisies, Media, NJ legacies | 4 Comments »
Posted by Dr. ARUDOU, Debito on 6th January 2011
Japan Times: Chiba police have turned over to prosecutors their case against 10 immigration officers suspected of being involved in the death of a Ghanaian deportee they had restrained and physically placed aboard a jetliner last March at Narita International Airport.
The action Monday came six months after the man’s Japanese widow and her lawyers filed a criminal complaint demanding that prosecutors take action against the airport immigration officers who overpowered Abubakar Awudu Suraj to get him on the jet, where he subsequently died of unknown causes while handcuffed in his seat.
The police turned their case against the 10 men, aged 24 to 48, who are still working, over to the Chiba District Public Prosecutor’s Office. They could face charges of violence and cruelty by special public officers resulting in death, a Chiba police officer said… Handcuffed and his mouth covered with a towel, Suraj was found unconscious in the aircraft and confirmed dead at a hospital, Yoshida had quoted the officer as saying. The police were unable to pinpoint the cause of death…
Posted in Human Rights, Injustice, Japanese police/Foreign crime, Problematic Foreign Treatment, 日本語 | 8 Comments »
Posted by Dr. ARUDOU, Debito on 29th October 2010
Economist: A run of recent legal scandals, including wrongful convictions and brutal incarcerations, has tested respect for Japan’s criminal-justice system. The latest example, alleged evidence-tampering by a high-flying prosecutor and a cover-up by his bosses, has rallied many who want to see more regard for individual rights and greater checks on state power. The prosecutor in question, Tsunehiko Maeda, allegedly changed the date of a file on a computer disk that was being used as evidence against a woman accused of involvement in a massive benefit fraud. When Mr Maeda admitted this to his superiors, they are said to have ordered him to produce a report explaining how it happened “unintentionally”. On October 11th the Supreme Public Prosecutors’ Office dismissed Mr Maeda, the chief prosecutor in Osaka’s special investigative unit, and pressed charges against him…
The scandal has hit a nerve. Japan takes pride in one of the world’s lowest crime rates. But it also has a fishily high conviction rate, at 99.9%. That matches China’s and is far above rates in the West (see chart). In their defence, Japanese lawyers say that the country’s under-resourced state prosecution service is only able to bring the strongest cases to trial. Fear of failure, with which all Japan’s bureaucrats are imbued, reinforces a reticence to test weaker cases in court. According to a former Tokyo district court judge, a single courtroom loss can badly damage a prosecutor’s career. A second can end it.
Yet the recent scandals suggest that miscarriages of justice are all too common. So do several quirks of the justice system, which weigh the scales against the accused. Suspects can be held for up to 23 days without charge, for example. They often have little access to a lawyer and none during questioning. Police interrogations commonly last up to ten hours and are rife with mental and verbal abuse. On October 7th a businessman in Osaka produced a surreptitious recording of his seven-hour “voluntary” questioning, in which the police threaten to hit him and destroy his life…
Posted in Injustice, Japanese police/Foreign crime | 5 Comments »
Posted by Dr. ARUDOU, Debito on 20th October 2010
After a half-month interlude of light and reason (as in September 30 to October 18), where it actually looked like a Japanese courtroom was actually going to be nice to somebody and rule against The State, another court has come along and put things back to normal:
Mainichi: The Oita District Court ruled on Oct. 18 that foreigners with the right to permanent residence but without Japanese citizenship are not entitled to welfare benefits, rejecting the claims of a 78-year-old Chinese woman who sued after being denied benefits by the Oita city government…
According to the ruling, the woman has Chinese nationality but was born in Japan and holds the right to permanent residence. In December 2008, the woman applied to the welfare office in Oita city for welfare payments, but was turned down with the reason that she had “a comfortable amount of money” in her savings.
The main issues of the trial became whether the woman held the right as a foreigner to receive welfare payments and whether her financial status justified her receiving aid…”
COMMENT: Gee, that was quick by Japanese judicial standards! I guess they know the value of putting the kibosh on something before the floodgates open: Can’t have all the goddamn foreigners expecting to have rights to something like our social welfare benefits, especially at an advanced age.
Posted in Exclusionism, Human Rights, Immigration & Assimilation, Injustice, Ironies & Hypocrisies, Lawsuits, 日本語 | 42 Comments »
Posted by Dr. ARUDOU, Debito on 29th September 2010
Japan Times: Look at my case (and what the judge wrote in her custody ruling in July). My wife had admitted to the following:
• More than three years of ongoing adultery (“The reason for the breakup of the marriage was the respondent’s adultery”); Giving large sums of money (¥7.7 million) to her lover to help him pay off his gambling debt (“Respondent lent a large sum of money to her colleague”);
• Taking my children on dates to bet on horse racing;
• Being currently on medication for various disorders (“Respondent became mentally ill and started seeing a doctor in or around January 2010 and worried about her insufficient communication with the children”);
• Physically abusing her own spouse and children (“Respondent attacked petitioner . . . and used physical power that cannot be justified as discipline against the children”).
Her own daughter fled from her after being abducted, and then testified against her. Moreover, my wife did not even petition for custody of the children until four months after I filed for divorce and custody. I even submitted a video showing my wife with not one of the bruises or injuries she claimed to have sustained the day before the video was taken. And we even had eyewitness testimony of her trying to injure herself. Could my case be any stronger?
Nevertheless, when the judge awarded me physical custody of my daughter, she also awarded physical custody of the boys to their mother. The reason: “There’s no big problem (with the boys staying where they are).”
Based on such reasoning, you can bet the bank that this judge would have awarded custody of all three children to my wife had I not been able to rescue one. And the judge would probably have given me custody of them all had they all been able to get free.
Japan’s family court is simply a facade designed to make an unevolved system appear civilized.
Let’s not kid ourselves. In Japan, “possession of the children” trumps the “best interests of the children” every time, particularly when the “best interests of the children” are never even addressed. And when you have a country that is pouring great sums of money into a system that shuffles children off to hidden locations whenever a parent makes an unverified DV claim, the state, in essence, becomes complicit in the abduction of the children…
Posted in Child Abductions, Injustice, Ironies & Hypocrisies, Japanese Government, Lawsuits | 6 Comments »
Posted by Dr. ARUDOU, Debito on 28th September 2010
Japan Times: In December 2009, shortly after I detailed my fears in this column (Zeit Gist, Nov. 3, 2009) about my wife’s ongoing affair potentially resulting in me losing custody of my children, family life got even worse as she became increasingly physically abusive toward our children. In fact, the police visited my home after one incident in December and recommended that I take my daughter to the Child Guidance Center (jidosodanjo) so that we could determine how to best handle her mother’s violent behavior. Over the next few months, my daughter was interviewed twice at the Child Guidance Center and a few times at her public elementary school.
Unfortunately, as we neared the abduction date, bias against her American father started to become evident. Exactly two weeks before her abduction, her female school principal met privately with my daughter, who summarized her principal’s comments as follows: “Your mother might be violent, but we know she’s a very nice mother on the inside. She will change one day. She’s just stressed right now.”
Two days before the abduction, the school principal and two child welfare officers met with my daughter in the principal’s office, and just hours after returning home, my daughter reported the following exchange between her and one of the welfare officers, an older Japanese woman: “And then she said, ‘Who are you going to choose?’ And I said, ‘Because Mama beats me, I want to go to Daddy’s side. I’m going to choose Daddy.’ Then she said, ‘Your mother does all the stuff at home, like cooking and doing the clothes and stuff like that, so I think it would be better if you choose your mother.’ “
Posted in Child Abductions, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government | 10 Comments »
Posted by Dr. ARUDOU, Debito on 10th August 2010
In another big piece of news, Japan is taking another step closer to healing the wounds around Asia of a cruel colonial past by saying sorry to South Korea. Good. Bravo. Sad that it took a century for the apologies and return of some war spoils, but better now than never. Let’s hope it further buries the ahistorical revisionist arguments that basically run, “We were invited to Korea, and did them a favor by taking them over.” — arguments that help nobody get over the past or help with neighborly Asian cooperation.
Kyodo: Prime Minister Naoto Kan is scheduled to release a statement for South Korea on Tuesday regarding the centenary later this month of Japan’s annexation of the Korean Peninsula, ruling party lawmakers said Monday.
The statement will include a phrase expressing deep remorse and apologizing for Japan’s colonial rule, stating also that Japan will return cultural artifacts taken from the peninsula that South Korea has been demanding, according to sources familiar with the matter…
On the transfer of cultural artifacts, the items in question are believed to be held by the Imperial Household Agency, including the Joseon Wangsil Uigwe, a meticulous record of Korean royal ceremonies and rituals.
The statement to be released Tuesday will only be directed at South Korea, whereas the Murayama statement apologized to Asian victims of Japan’s past aggression, the sources said.
Posted in Cultural Issue, Good News, History, Injustice, Japanese Government | 27 Comments »
Posted by Dr. ARUDOU, Debito on 28th July 2010
Japan Times: The battle between Berlitz Japan and Begunto began with a strike launched Dec. 13, 2007, as Berlitz Japan and its parent company, Benesse Corp., were enjoying record profits. Teachers, who had gone without an across-the-board raise for 16 years, struck for a 4.6-percent pay hike and a one-month bonus. The action grew into the largest sustained strike in the history of Japan’s language school industry, with more than 100 English, Spanish and French teachers participating in walkouts across Kanto.
On Dec. 3, 2008, Berlitz Japan claimed the strike was illegal and sued for a total of ¥110 million in damages. Named in the suit were the five teachers volunteering as Begunto executives, as well as two union officials: the president of the National Union of General Workers Tokyo Nambu, Yujiro Hiraga , and Carlet, former NUGW case officer for Begunto and currently executive president of Zenkoku Ippan Tokyo General Union (Tozen)…
Another of the teachers named in the suit, Catherine Campbell, was fired earlier this month after taking too long to recover from late-stage breast cancer cancer. In June 2009, Campbell took a year of unpaid leave to undergo chemotherapy and radiation treatment. Because Berlitz Japan failed to enroll Campbell in the shakai hoken health insurance scheme, she was unable to receive the two-thirds wage coverage it provides and had to live with her parents in Canada during treatment. The company denied Campbell’s request to extend her leave from June to Sept. 2010 and fired her for failing to return to work.
Berlitz Japan work rules allow for leave-of-absence extensions where the company deems it necessary. “If cancer is not such a case, what would be?” Campbell asks…
Posted in Bad Business Practices, Injustice, Labor issues, Lawsuits | 17 Comments »
Posted by Dr. ARUDOU, Debito on 26th July 2010
Here’s an article (I can’t find in Japanese) regarding what’s happening in Japan’s “Lay Judge” system (i.e. generally bringing six common folk to sit on Japanese juries as “saiban’in”, with three other real judges offering “legal guidance”, as in, keeping an eye on them). Well, guess what, we have “Runaway Juries”, by Japanese standards! They’re getting in the way of the public prosecutor (who gets his or her way in convicting more than 99.9% of cases brought to Japanese criminal court) and offering acquittals! Well, how outrageous! Given what I know about the Japanese police and how they arrest and detain suspects (particularly if they are existing while foreign), I doubt they are right 99.9% of the time. And it looks like some of the saiban’in would agree. But here’s a lament by the Yomiuri about how those darn lay judges (how belittling; why aren’t they just “jurists”?) are getting in the way. Good. Raise the standard for burden of proof.
Yomiuri: Three complete or partial acquittals were handed down in lay-judge trials in June and July, in which the principle of giving the benefit of the doubt to defendants in criminal trials was strictly applied. As a result, some prosecutors believe it is becoming harder and harder to persuade lay judges that defendants are guilty…
According to lawyer Koshi Murakami, a former division chief of the Tokyo High Court, the sentences of not guilty were handed down in these cases due to professional judges and lay judges’ different understanding of proof beyond a reasonable doubt, the standard for deciding whether a defendant is guilty.
“Even if they doubt a piece of circumstantial evidence, professional judges decide whether a defendant is guilty after a comprehensive review of other pieces of evidence,” Murakami said. “However, lay judges may consider a not guilty decision if they are suspicious of even one piece of evidence.”…
During the trial, the prosecution did not submit as evidence a security video that recorded conversations between a shop clerk and the defendant and his accomplice.
The prosecution decided it was unnecessary to submit the videotape and did not preserve it because of the consistent statements given by the defendant, the accomplice and the clerk in the course of the investigation.
However, one of the trial’s lay judges criticized the prosecution for its choice.
“I felt the prosecution was overly optimistic not submitting the security video record, which is very objective evidence,” said company employee Nanako Sugawara, 62.
“From now on, objective pieces of evidence such as video tapes must be preserved until all hearings related to a case are finished,” a senior official at the Tokyo District Public Prosecutors Office said, reflecting on the trial. “We have to improve our investigation methods so that we can prove our allegations regardless of who is chosen as lay judges.”
Posted in Injustice, Japanese Government, Tangents | 11 Comments »
Posted by Dr. ARUDOU, Debito on 17th July 2010
Forwarding the below from a friend. This is just another case of many where we have people (regardless of nationality, but thanks to the Koseki System NJ are in a particularly weak situation, particularly regarding international child abduction) doing awful things to their children after divorce simply because they can, and the authorities will do little or nothing to stop it. I have of course written on the subject of divorce and post-divorce before (here and here, for example), but let me say at this juncture that for me it has gotten much, much worse over the past few years. (I still myself have seen my kids maybe six times over the past six years, but now there is a development that someday I’ll tell you about, when I have drawn some conclusions and have some lessons from it.)
Meanwhile, I’ve said it before and I’ll say it again because it is a harsh reality:
As Japan’s Family Laws stand now, nobody — regardless of nationality — should get married to a Japanese and have kids. Because if you divorce — or even separate — somebody will quite likely lose them completely.
Read on for yet another example of that. Even more examples and case studies at the Japan Children’s Rights Network here.
Posted in Child Abductions, Injustice, 日本語 | 18 Comments »
Posted by Dr. ARUDOU, Debito on 4th July 2010
For a Sunday Tangent, here is a hard-hitting article (thanks CNN) showing how activism against a corrupt but entrenched system gets treated: Detention and interrogation of activists, possible sentencing under criminal law, and international bodies turning a blind eye to their own mandate. Lucky for the author (and us) he is out on bail so he could write this. He wouldn’t be bailed if he were NJ. More on the IWC’s corruption in documentary The Cove — yet another reason why the bully boys who target people’s families (yet don’t get arrested for their “activism”) don’t want you to see it.
Sato opens with: After just two days of closed-door negotiations, the leaders who had gathered at the International Whaling Commission in Agadir, Morocco, announced no agreement was reached on the IWC chair’s proposal to improve whale conservation.
Greenpeace did not support the proposal, but we had hoped governments would change it to become an agreement to end whaling, not a recipe for continuing it.
It is particularly disappointing to me, because my professional commitment to end the whale hunt in my country of Japan — which led to the exposure of an embezzlement scandal at the heart of the whaling industry — has come at significant personal cost.
The investigation I conducted with my colleague, Toru Suzuki, led to our arrests in front of banks of media outlets who had been told about it in advance.
The homes of Greenpeace office and staff members were raided. Seventy-five police officers were deployed to handcuff two peaceful activists. We were held without charge for 23 days; questioned for up to 10 hours a day while tied to chairs and without a lawyer present. We are now out on bail awaiting verdict and sentencing, expected in early September.
If I can risk my future to bring the fraudulent Japanese hunt to an end, if whaling whistle-blowers are prepared to risk their lives to expose the corruption, how can it be that the IWC has yet again failed to take the political risk to pressure my government to end the scientific whaling sham?…
Posted in Bad Business Practices, Cultural Issue, Gaiatsu, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government, Tangents, United Nations | 18 Comments »
Posted by Dr. ARUDOU, Debito on 1st July 2010
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.
Posted in Injustice, Japanese police/Foreign crime, Lawsuits, Media, 日本語 | 12 Comments »
Posted by Dr. ARUDOU, Debito on 30th June 2010
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…
Posted in Child Abductions, History, Injustice, Japanese Government, Japanese police/Foreign crime, Lawsuits | 19 Comments »
Posted by Dr. ARUDOU, Debito on 18th May 2010
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.
Posted in Exclusionism, Human Rights, Injustice, Japanese Government, Japanese police/Foreign crime | 39 Comments »
Posted by Dr. ARUDOU, Debito on 30th April 2010
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.
Posted in Human Rights, Injustice, Ironies & Hypocrisies, Japanese police/Foreign crime, Lawsuits | 9 Comments »
Posted by Dr. ARUDOU, Debito on 16th April 2010
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.
Posted in Injustice, Japanese police/Foreign crime, Media | 3 Comments »
Posted by Dr. ARUDOU, Debito on 14th April 2010
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.
Posted in Injustice, Japanese police/Foreign crime, Media | 19 Comments »
Posted by Dr. ARUDOU, Debito on 5th April 2010
Although I like to devote Mondays to “bigger news”, I’d like to take this day to salute a personal hero of mine, former nurse Chong Hyang Gyun, a Zainichi Korean who, like any other qualified civil servant in Japan, expected to be promoted commensurate with her experience and dedication.
But not in Japan. She in 1994 was denied even the opportunity to sit the administrative civil service exam because, despite her being born in Japan, raised in Japan, a native speaker of Japanese, and a taxpayer in and contributor to Japan like any other, she was still, in the eyes of the Tokyo Metropolitan Government, a “foreigner”, therefore not to be trusted with administrative power over Japanese (the old “Nationality Clause”, kokuseki joukou, struck again).
So she sued for the right to sit the exam nearly twenty years ago. Over more than ten years she lost, won, then ultimately lost in the Supreme Court, which, in a landmark setback for civil rights and assimilation, ruled there was nothing unconstitutional in denying her the right to chose her occupation and employment opportunities.
Now she’s retired as of April 1 (although rehired and working fewer hours). I’m just grateful that she tried. Some occupations are completely denied to NJ, including public-sector food preparation (for fear that NJ might poison our bureaucrats) and firefighting (for fear that NJ entering Japanese houses and perhaps damaging Japanese property might cause an international incident), that it becomes ludicrous for NJ to even consider a public-service job in Japan.(*) Especially if the “glass ceiling” (in fact, an iron barrier, thanks to the Supreme Court) means you can never reach your potential. The Chong-san Case made that clear, to Japan’s shame.
Posted in Exclusionism, Injustice, Japanese Government, Labor issues, Lawsuits | 5 Comments »
Posted by Dr. ARUDOU, Debito on 3rd April 2010
Take that, 2-Channel. Mainichi: Just because a piece of information is published on the Internet, viewers do not necessarily deem it to be of low credibility. So ruled the Supreme Court recently in a defamation suit in which a man was accused of slandering a restaurant operator on his own Web site, saying that the company was affiliated with a cult.
The top’s court’s ruling secures a guilty verdict that ordered the man to pay 300,000 yen in compensation. It was the first ruling to confirm that the conditions for establishing defamation were not relaxed on the Internet.
Considering that people are often slandered, have their privacy violated, and sometimes even suffer human rights violations on the Internet — where users can post comments anonymously — the Supreme Court’s decision can be deemed appropriate.
Posted in Human Rights, Injustice, ２ちゃんねる, 日本語 | 5 Comments »
Posted by Dr. ARUDOU, Debito on 29th March 2010
The Japan Times reported UN Special Rapporteur Bustamante’s interim comments during his current-two-week fact-finding mission to Japan, particularly as pertains to the GOJ visa system that deports people even if it means splitting apart families (cf. the Calderon Noriko Case).
Dr Bustamante takes a very dim view of this:
“It’s going to be made public,” Bustamante told the gathering. “And this, of course, might result in an embarrassment for the government of Japan and therefore certain pressure (will be) put on the government of Japan.”
Posted in Anti-discrimination templates/meetings, Exclusionism, Gaiatsu, Immigration & Assimilation, Injustice, Japanese Government, United Nations | 3 Comments »
Posted by Dr. ARUDOU, Debito on 15th March 2010
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 email@example.com 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…
Posted in Anti-discrimination templates/meetings, Articles & Publications, Exclusionism, Fingerprinting, Targeting, Tracking NJ, FRANCA, GAIJIN HANZAI mag, Hate Speech and Xenophobia, Hokkaido Toyako G8 Summit 2008, Human Rights, Immigration & Assimilation, Injustice, Ironies & Hypocrisies, Japanese Government, Japanese police/Foreign crime, Japanese Politics, Labor issues, Otaru Onsen Lawsuit, Speech materials, United Nations | 7 Comments »
Posted by Dr. ARUDOU, Debito on 16th November 2009
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.
Posted in Bad Business Practices, Fingerprinting, Targeting, Tracking NJ, Gaiatsu, Human Rights, Injustice, Japanese Government, Japanese police/Foreign crime, Labor issues, Problematic Foreign Treatment | 16 Comments »
Posted by Dr. ARUDOU, Debito on 7th November 2009
AOL: Say you marry someone and you have children. You get divorced. There’s a custody battle. You win. Your ex-spouse refuses to accept the decision. He or she takes the children and flees overseas to a country that doesn’t recognize your custody rights.
What do you do?
This is not a hypothetical question for thousands of parents who go through this exact scenario every year. Their options are limited.
One option, however, is Gus Zamora…
LETTER FROM GUS HIMSELF: In response to a recent post on the Internet regarding “Snatchback” in The Atlantic Monthly I felt it was important for people to know what I do and what my real success rate is. The world of International Parental Abduction is a place I have spent the last Eighteen years. I have assisted parents in over 200 cases. Fifty-five children have been returned to their custodial parent with my guidance. Three of which were successful recoveries from Japan.
In addition to the fifty-five recoveries, I have also worked on twenty to twenty five cases that were resolved through mediation, Hague convention applications, media involvement, international law enforcement involvement and negotiations directly with the abductors. Zamora and Associates is presently involved in several cases in Japan, both in and out of Japanese courts.
Posted in Child Abductions, Injustice, Practical advice | 2 Comments »
Posted by Dr. ARUDOU, Debito on 28th October 2009
Excerpt: Savoie’s is one of about 80 cases of international parental child abduction involving U.S. citizens, while France and Britain are dealing with 35 each.
The unofficial number is much higher, particularly when failed marriages between Japanese and people from other Asian countries are included. The Assembly for French Overseas Nationals for Japan estimates that 10,000 children with dual citizenship in Japan are prevented from seeing their foreign parent after separation or divorce.
Japanese courts habitually award custody of children to the mother. In many cases, they say they are simply trying to protect the rights of women fleeing abusive former husbands, a claim vigorously disputed by campaigners.
The country’s courts will be tested again later this week when Shane Clarke appeals in a custody battle with Japanese ex-wife…
Posted in Child Abductions, Human Rights, Injustice, Japanese Government, Lawsuits | 3 Comments »
Posted by Dr. ARUDOU, Debito on 21st October 2009
Colin Jones in the Japan Times: My own view is that as a matter of law, Japan could start returning abducted children tomorrow without having signed the Hague Convention — just as children who have been abducted to countries like the United States or England have been returned to Japan notwithstanding the country’s nonsignatory status. Mr. Savoie’s case clearly demonstrates that it is not actually necessary to waste time and money in futile family court proceedings to get your child back: The police will do it for you if it is in their interests to arrest the abducting parent. The converse is that they may not do anything if it is not, and this is also why it is conceivable that Japan could sign the Hague Convention and immediately appear on the U.S. State Department’s list of noncompliant treaty partners.
Whatever the law says, it is very hard to imagine it being in the interests of the police and prosecutors to be seen taking crying half-Japanese children away from distraught Japanese mothers.
This is why the media attention is so important on this issue. Because law in Japan tends to serve the bureaucrats first and the people second, legislation and litigation may not lead to solutions if the bureaucrats are part of the problem. Thus, it will likely be criticism — relentless pressure and attention from both domestic and foreign sources — that will probably carry the day in Japan shedding its shameful status as an abduction haven. If so, it will be because the criticism risks damaging the authority of the bureaucrats by making them look bad.
Posted in Child Abductions, Injustice, Japanese Government, Lawsuits, Media | 10 Comments »
Posted by Dr. ARUDOU, Debito on 15th October 2009
I received this comment early this morning from “Joseph” regarding the Savoie Case, piecing together with a minimum of speculation a plausible timeline for what happened between Christopher and Noriko. It’s too good to be buried as a comment, so I create a separate blog entry for it. He finds for Christopher, concluding:
In Japan, sole custody is awarded to one parent, and one parent only. This means that if there is a messy divorce, as it appears to be in this case, and the mother doesn’t want to allow the father to see his children, there is nothing that can be done. Period. Christopher was obviously well aware of this, and knew that if he wanted to have any access to his children, he needed to have his divorce here.
Noriko, with full knowledge of Amy, came here specifically for the purpose of getting that divorce – she was not “tricked” into it. She came here, she had her day in court, she received a large financial settlement, she repeatedly assured the court that she had no intention of removing the father from his childrens’ lives, and then she went ahead and did just that. She took the children away, took the money, and now she happily spends her days walking the children to and from school, while he spends his being interrogated in jail. He sits there knowing that, as the Japanese courts always favor the Japanese parent in these cases, he will in all likelihood never see his children again.
Posted in Child Abductions, Injustice, Ironies & Hypocrisies, Lawsuits | 38 Comments »
Posted by Dr. ARUDOU, Debito on 5th October 2009
Terrie’s Take offers the best piece I’ve seen yet on the Savoie Child Abduction Case. Excerpt:
HOWEVER, again, we can only speculate about what really happened, and until the facts are made public, we can probably assume that Savoie was acting logically throughout — in that he was trying to get his soon-to-be ex-wife and kids into a jurisdiction (the U.S.) where the law protects BOTH parents rights and upholds the concept of joint custody. Whether his behavior is cruel or is manipulative is beside the point. Savoie would have known that if his divorce was contested in Japan, he would have been 100% guaranteed to have lost his kids, and would have been at the whim of his wife whether or not he would be able to see them ever again as children…
Since there appears to be little will by the judiciary to change their ways or values, any change in the status quo needs to be a political one — using outside political pressure (“Gaiatsu”). This is a long-term project unfortunately, but it does give us a possible motive why an otherwise intelligent individual such as Savoie may have been driven to try kidnap his kids when such an undertaking would have such a high possibility for failure.
Finally, our take is that what he did is not right, but under the current legal system, it is understandable. We think similar incidents will happen again until things change.
Posted in Bad Social Science, Child Abductions, Human Rights, Injustice, Ironies & Hypocrisies, Japanese Government | 16 Comments »