United Nations human rights experts say Japan was wrong to detain former Renault-Nissan CEO Carlos Ghosn; owes him compensation

mytest

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Hi Blog.  I wrote back in January in my Shingetsu News Agency column that Carlos Ghosn’s escape from Japan’s gaijin gulag was the right move — not least because Japan’s heavy-handed prosecutorial powers and treatment of criminal suspects is in itself a violation of human rights.  Now it turns out the United Nations would agree.  An AP article follows, courtesy of lots of people.  As Debito.org Reader JDG points out, “How’s that effort to turn Tokyo into an international financial hub going, BTW? Attracting much elite foreign talent? I guess Japan will be back in touch with the U.N. when it wants some more UNESCO listings…”

Given that Japan has been shamed for decades over its human rights record, and still has not passed a criminal law against racial discrimination as promised under international treaty it signed a quarter century ago (yes, way back in 1995!), I doubt this will mean much. But at least it’s a delicious vindication for our advocacy camp. Debito Arudou, Ph.D.

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Crime
Human rights panel: Japan was wrong to detain Carlos Ghosn; owes him compensation
Associated Press/Japan Today, Nov. 24, 2020
By JAMEY KEATEN
Courtesy https://japantoday.com/category/crime/Human-rights-panel-Japan-was-wrong-to-detain-Carlos-Ghosn-owes-him-compensation

GENEVA — A panel of human rights experts working with the United Nations said Monday that former Renault-Nissan boss Carlos Ghosn was wrongly detained in Japan and has urged “compensation” for him from the Japanese government.

The Japanese government denounced the report as a “totally unacceptable” viewpoint that will change nothing in the country’s legal process.

In its opinion published Monday, the Working Group on Arbitrary Detention found that Ghosn’s arrest in Japan in late 2018 and early 2019 was “arbitrary” and called on Japan’s government to “take the necessary steps to remedy the situation of Mr Ghosn without delay.” A determination of whether detention is arbitrary is based on various criteria, including international norms of justice.

While Ghosn is no longer in Japan, having fled in a dramatic operation that drew headlines worldwide, the opinion could weigh on minds in courtrooms in the country and beyond. It could affect, for example, the possible extradition of two Americans, Michael Taylor and his son Peter, whom Japanese prosecutors say helped the executive sneak out of Japan.

Ghosn, a 66-year-old with French, Lebanese and Brazilian citizenship, led Japanese automaker Nissan for two decades, rescuing it from near-bankruptcy. He was arrested in November 2018 on charges of breach of trust, in misusing company assets for personal gain, and violating securities laws in not fully disclosing his compensation. He denies wrongdoing.

In December, he fled Japan to Lebanon while out on bail awaiting trial, meaning his case will not go on in Japan. Interpol has issued a wanted notice but his extradition from Lebanon is unlikely.

The five-member working group, which is made up of independent experts, called on Japan to ensure a “full and independent investigation” of Ghosn’s detention, and asked the government “to take appropriate measures against those responsible for the violation of his rights.”

The working group said that “the appropriate remedy would be to accord Mr Ghosn an enforceable right to compensation and other reparations.”

The opinions of the working group are not binding on countries but aim to hold them up to their own human rights commitments. Among its past rulings involved the case of Wikileaks founder Julian Assange, who was likewise deemed to have had his human rights violated.

The panel, which is independent from the United Nations, noted a string of allegations from Ghosn and his representatives, such as that he was subjected to solitary confinement and long interrogations at day or night, and denied access to court pleadings. His team claimed that interrogations of Ghosn were aimed to extract a confession.

Japan’s system has been repeatedly criticized by human rights advocates. The panel cited previous concerns about Japan’s so-called daiyo kangoku system of detention and interrogation that relies heavily on confessions and could expose detainees to torture, ill-treatment and coercion.

Japan’s Foreign Ministry said in a statement that the government had applied “appropriate procedures” in the case, and it could not provide full information to the working group before a trial had begun. For that reason, the ministry added, it would be inappropriate for the working group to make a decision on the Ghosn case “based on limited information and biased allegations” from him and his team.

“The opinion is totally unacceptable, and is not legally binding,” the ministry statement said. It also warned that the opinion could set a dangerous precedent, and “encourage those who would stand criminal trial to entertain the idea that flight can be justified and prevent the realization of justice and the proper functioning of the criminal justice system in each country.”

“Japan can by no means accept the opinion of the Working Group regarding the case of the defendant Carlos Ghosn,” it added.

Ghosn lawyer Jessica Finelle welcomed the “brave” decision by the panel and said its members had been “hard on the Japanese legal system” and the way that Japanese authorities treated Mr Ghosn, “specifically, violating numerous times his presumption of innocence, presenting him as guilty, orchestrating two of his arrests with the media…”

Ghosn was “very happy” and “relieved” about the opinion, she said.

“He is somehow is getting back his dignity because he’s been humiliated during this time that he was held in Japan,” she said.

Ghosn has accused Nissan and Japanese officials of conspiring to bring him down to block a fuller integration of Nissan with its French alliance partner Renault SA of France.

Ghosn’s lawyers filed a petition with the working group in March last year, appealing to its role to look into cases in which governments are alleged to have wrongly detained individuals under agreed international human rights conventions.

Its members declined to speak to reporters about the opinion, the U.N. human rights office said.
ENDS

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My latest SNA VM column 16: “US Elections Repudiate Trump’s Japan-Style Ethnostate”, suggesting that the US might be taking real steps towards a post-racial society

mytest

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Visible Minorities 16: US Elections Repudiate Trump’s Japan-Style Ethnostate
By Debito Arudou, Shingetsu News Agency, November 16, 2020

SNA (Tokyo) — The US elections captured the world’s attention. No wonder. Given America’s hegemony as an economic, political, cultural, and military power, the results underpin the future of geopolitics and world order.

But here’s another angle: This election offers the world some insights into how countries painfully evolve into multiethnic, post-racial societies. It even demonstrated how enfranchised people would rather destroy their governing system than relinquish power.

Fortunately, they didn’t win. Let’s recount some important facts.

The contest between incumbent Donald Trump and former Vice President Joe Biden was indeed, as depicted in campaign slogans, a battle for the “soul of America.”

At stake was whether Trump’s nepotistic, corrupt administration—one that shamelessly used whatever means they could to perpetuate their power, punish political enemies, and undermine democracy both domestic and worldwide—would get four more years; or whether America’s place as a world leader, for better or worse, would be restored to less capricious leadership, with policymaking sane enough to keep its own citizens alive in a self-inflicted pandemic.

Clearly American voters chose the latter course; Biden won. He got five million more votes in an election where more people voted for a president than ever before, with voting rates on track to be among the highest in modern US history. […]

[There are of course some caveats, and] given the current status of Trump refusing to concede the election, and his lackeys interfering with a transition to the presumptive winner, it’s clear that no matter who wins, Republicans feel they are the only ones entitled to run the country. They view cheating, sabotage, soliciting foreign interference, and spreading unscientific conspiracy theories as fair play. The United States’ 233-year experiment in democracy be damned; 73 million voters in this election agreed with Trump’s authoritarianism. The intractable polarization of American politics is complete.

Still, the fact remains that this election was a repudiation of Trump, and, in retrospect, it’s a textbook example of democracy in action. […]

Ultimately, the history books will remember this about the past four years: Trump was the worst president in American history—the only one who was impeached, served only one term, and lost the popular vote. Twice.

Well, good for the United States. But there are also lessons here for Japan, particularly its minorities: how countries make slow and painful transitions to a post-racial society…

Read the rest on SNA at http://shingetsunewsagency.com/2020/11/16/visible-minorities-us-elections-repudiate-trumps-japan-style-ethnostate/

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Unknown news chyron of Govt panel that apparently blames foreigners for spreading Covid. However, FNN News tells a different story: one of assisting foreigners. Let’s be careful to avoid disinformation (UPDATED).

mytest

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Hi Blog.  Long-time readers of this venue know that I surrender to no-one in terms of criticizing the GOJ in its handling of NJ residents, especially in how they treat taxpaying long-term residents on par with (or even value less than) foreign tourists.

That said, an image sent to me by a number of people has been this:

Now, I’m not sure where this screenshot is coming from (Debito.org Reader MF has noted that it came from the Fuji TV network itself), but the chyron would indicate that this government panel is saying that “Foreigners have different languages and customs, so we can’t thoroughly enforce policies against the spread of [Covid] infections.”  By implication, this means that foreigners are being seen as an obstacle to the safety of Japanese society because of their differences.  This image is starting to multiply around the media sphere, for example https://www.facebook.com/memesugoi/posts/1032954460504017, which is why people are sending it to me.

However, news network FNN has a different take. Debito.org Reader JLO submitted the following video:

FNN says, at minute 1:30, “Bunkakai de wa, kurasutaa e no taiou ya, kotoba no chigai de soudan ya jushin ga okureru gaikokujin no tame ni ichigenteki na soudan madoguchi o setchi suru koto ni tsuite giron shiteimasu.”
Or (my translation):
“At this panel, they are debating about whether to set up a unified consultation center to deal with clusters and with foreigners and who face delayed medical consultations and treatments due to language differences.”  Screen capture:

#新型コロナウイルス

“第3波”感染拡大止まらず クラスター・外国人支援など協議

2,864 views Nov 11, 2020

That’s quite a different take from that other chyron!  According to FNN, this panel seems to be trying to assist, not exclude or blame.

I welcome others who find more clarifying media about this event.  Meanwhile, my point is to be careful.  Foreigners have been so perpetually offset and treated as exceptions from the regular population that this could reflexively feel like a repeat performance.  But let’s be careful that this reflex does not lead to disinformation.  Debito Arudou, Ph.D.

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UPDATE NOV 14:

Ph.D. Candidate Anoma van der Veere has kindly tweeted out his research indicating some media sensationalism is going on here.  Access the thread beginning at https://twitter.com/anomav/status/1327117586249568256?s=21&fbclid=IwAR0gIPlDs9K6X8tH87UWEuafZDYEM9XrgLobf7LI2luRRJgnStztEdka9n4

(Courtesy of JLO).  Screen captures follow, for the record.  Debito

THREAD ENDS

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BLOG BIZ: Semester busy-ness drawing all my energy, and US Election Day

mytest

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Hi Blog.  Just a personal note.  I’ve been relatively slow on the draw here on Debito.org recently because of the busy-ness of the semester.  I usually aim for one blog post per week, sometimes two if there’s a monthly Shingetsu News Agency column in the works.

But this semester has been a busy one, what with three classes — two of them new, and one of them an elite writing seminar.  When I’m not Zooming my classes live, I’m creating the next powerpoint lecture.  And when I’m not doing that, I’m grading.  And when not that, I’m doing background research on area politics.

All of that draws down whatever writing energy I have left at the end of the day, and especially on a day like this (Election Day in the United States, which is basically Christmas for us Political Scientists), every day is some kind of teachable moment.

Not to worry:  Debito.org has been going strong for a quarter-century now, and will continue whenever I have the time and energy (even if that means a week or three between blog posts). It’s just that kind of a semester.  And as always, I’m open to anonymized guest authors saving me energy by giving me copy-pastable reports of things going on around them in Japan.  We’re still a venue for life-in-Japan issues.

Meanwhile, as a tangent from Debito.org’s usual fare, here’s the best roundup of what to look for in today’s US Election, if you’re interested. (I think most of the world is, given the US’s hegemony.) This is excellent shorthand, courtesy of the New York Times:

The first things to watch for tomorrow night will be whether Biden wins Florida, Georgia or North Carolina. Any of these will probably give him the presidency. If he seems to be losing all of them, the country may be looking at a long night — or a long week — of vote counting, with the outcome coming down to some combination of Arizona and Pennsylvania.

https://www.nytimes.com/2020/11/02/briefing/election-day-johnny-depp-anthony-fauci.html

Thanks for reading!  Debito

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