Asahi: Muslims can still be monitored in Japan solely based on their religion, while in the United States courts are cracking down on granting such approval. An appeal by 17 Muslim plaintiffs accusing police of snooping on them was dismissed by the Japanese Supreme Court in late May, which upheld lower court decisions.
The plaintiffs argued that “carrying out surveillance of us on grounds of our religion amounts to discrimination and is a violation of the Constitution” in the lawsuit filed against the Tokyo metropolitan and the central government. Tokyo’s Metropolitan Police Department had been keeping close tabs on Muslims solely because of their religion, reasoning it was pre-empting possible terrorism. […]
The recent Japanese case came to light in 2010 after 114 articles from internal MPD documents containing personal information on Muslim residents in Japan were leaked online. Data included names, photos, addresses, employers and friends.
The leaked data showed that the documents were compiled in a style of a resume on each individual, along with a record of tailing them. Compensation of 90 million yen ($874,000) was awarded to the plaintiffs by the Tokyo District Court and the Tokyo High Court, which ruled there was a “flaw in information management.” However, the plaintiffs appealed because the courts stated “surveillance of Muslims” was “unavoidable” in order to uncover terror plots. The top court sided with lower court rulings, declaring the surveillance was not unconstitutional.
COMMENT: The obvious extension of this legitimization of racial profiling (defined as using a process of differentiation, othering, and subordination to target a people in Japan; it does not have to rely on phenotypical “looks”) is that for “national security reasons” the next step is to target and snoop on all foreign residents in Japan. Because they might be terrorists. The National Police Agency et al. have already been justifying the targeting of NJ as terrorists (not to mention as criminals, “illegal overstayers”, holders of “foreign DNA”, and carriers of contagious diseases). And Japan’s Supreme Court has now effectively given the green light to that too. The noose further tightens around NJ residents in Japan.