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Hi Blog. Continuing the farcical Suraj Case, where Immigration authorities were once held responsible for using “illegal excessive force”, asphyxiating a Ghanian deportee with forcible restraint during deportation procedures. The Tokyo High Court has just ruled that nobody is responsible for killing him.
In the ultimate blaming of the victim, the judge, named Takizawa Izumi, essentially ruled it all an issue of heart failure. Just an accident. It was even, quote, “necessary.” Despite the Japan Times calling his death “brutal” back in 2011.
Clearly human life is cheap if it’s foreign in a Japanese Gaijin Tank. Once again, NJ in Japan can be killed with impunity (more in “Embedded Racism”, Chapter Six). Dr. ARUDOU, Debito
In reversal, Tokyo High Court rules government not responsible for Ghanaian deportee’s death
BY TOMOHIRO OSAKI
THE JAPAN TIMES, JAN 18, 2016
In a reversal, the Tokyo High Court determined Monday that the government was not responsible for the 2010 death of a Ghanaian alledgedly subjected to excessive force by immigration authorities while being deported.
In overturning a lower court’s ruling, presiding Judge Izumi Takizawa said the level of physical force used by officials to restrain Abubakar Awudu Suraj, who was 45 years old at the time of his death, was “not illegal” and even “necessary.”
“Immigration authorities’ effort to subdue him was necessary to ensure his deportation would go smoothly,” Takizawa said.
“They are not culpable” for his death, the judge concluded.
The ruling overturns an order by the Tokyo District Court in March 2014 that the government pay a combined ¥5 million in compensation to his widow, who is a Japanese citizen, and his mother, who lives in Ghana.
The earlier ruling, which also held immigration officials responsible for Suraj’s death, was believed to be the nation’s first-ever court decision subjecting government officials to damages payments in connection with the death of a non-Japanese they mistreated.
In its 2014 ruling, the Tokyo District Court determined that, contrary to claims by authorities, Suraj had suffocated as a result of being forced into a crouching posture.
Citing the results of an autopsy that revealed the man had a minor heart condition called a cystic tumor of the atrioventricular node, immigration officials had originally blamed his death on a heart attack stemming from the tumor. They said Suraj had “happened to” suffer an attack at precisely the moment he was restrained.
Monday’s ruling said that although it is possible authorities’ use of force triggered an erratic heartbeat that led to his death, the tumor is so rare that there is no way officials could have predicted his death.