Swiss woman acquitted of crimes yet denied bail due to being NJ, then barred as “visa overstayer” anyway

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

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

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

Japan Today: NJ suspect acquitted by J Court, yet still detained–for overstaying his visa due to denial of bail!

Here’s another way to make sure you perpetually incarcerate any NJ suspected of any crime. Even if they’ve even been acquitted in court, just keep them in detention (after all, NJ aren’t allowed bail in Japan) long enough, and then you can get them for overstaying their visa! “Hostage Justice’s” safety catch…

DEBITO.ORG NEWSLETTER APRIL 18, 2019

Table of Contents:
MORE OFFICIAL OVERREACTION TO NJ INVITED INFLUX
1) Record 2.73 million NJ residents in Japan in 2018; media also shoehorns in mention of NJ crime, without mention of NJ contributions
2) MC on new Minpaku Law and NJ check-ins: Govt. telling AirBnB hostels that “foreign guests” must have passports photocopied etc. Yet not in actual text of the Minpaku Law. Or any law.
3) XY: Hotel calls cops on NJ Resident at check-in for not showing passport. And cops misinterpret laws. Unlawful official harassment is escalating.
4) Fox on getting interrogated at Sumitomo Prestia Bank in Kobe. Thanks to new FSA regulations that encourage even more racial profiling.
5) “Gaikokujin Appetizer Charge” in Osaka Dotonbori restaurant? Debito.org investigates.

THE SENAIHO CASE OF SCHOOL HAIR POLICING TAKEN TO COURT
6) Senaiho on criminal complaint against Jr High School “Hair Police” in Yamanashi
7) UPDATE: Senaiho on the stacked Board of Education committee investigating his Yamanashi jr. high school Hair Police complaint
8 ) UPDATE 2: Senaiho School Bullying in Yamanashi JHS: How people who file complaints for official harassment get harassed back
9) NYT: Hair policing soon to be treated as “racial discrimination” by NYC Commission of Human Rights. Compare with JHS & HS Hair Police in Japan.

HOW THE MIGHTY HAVE FALLEN
10) Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform
11) Debito article in Shingetsu News Agency: “The Japan Times Becomes Servant to the Elite” (Feb 2, 2019)

… and finally…
12) Japan Times JBC 114, “Top Ten Human Rights Issues for NJ in Japan for 2018” column, “Director’s Cut” with links to sources

Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform

Debito.org has been holding back on commenting on the Carlos Ghosn arrest and perpetual interrogation. But now that Ghosn has had practically unprecedented access to the media (see article below), and stands as a cautionary tale for any foreign businessman thinking they could get away with being a CEO of a Japanese company, it’s time to say something. Here goes:

COMMENT: The former CEO of Nissan and Mitsubishi motors, Ghosn was arrested last November and indicted in December for inter alia allegedly underreporting his income for tax purposes. As of this writing, he remains in police custody for the 23-day cycles of interrogations and re-arrests, until he confesses to a crime. Ghosn’s arrest shows how far you can fall if you’re foreign. Especially if you’re foreign.

One red flag was that the only two people arrested in this fiasco have been foreign: Ghosn and his associate, Greg Kelly. Kelly is now out on bail due to health concerns. But where are the others doing similar malfeasances? According to Reuters, Kobe Steel underreported income in 2008, 2011, and 2013, and committed data fraud for “nearly five decades.” Same with Toray and Ube Industries, Olympus, Takata, Mitsubishi Materials, Nissan, and Subaru. Who’s been arrested? Nobody but those two foreigners.

And Japan’s judicial system has a separate track for NJ suspects, including harsher jurisprudence for NJs accused of crimes, lax jurisprudence for NJ victims of crimes, uneven language translation services, general denial of bail for NJ, an extra incarceration system for subsequent visa violations while in jail, and incarceration rates for NJs four times that for citizens. Most indicative of separate and unequal treatment is that some of the accusations, which fall under a statute of limitations of seven years under the Companies Act, are still applicable. Prosecutors have argued that statutes do not apply to Ghosn because he spent time overseas. Apparently even the passage of time is different for foreigners, because the clock stops if they ever leave Japan!

It’s Debito.org’s view that this was a boardroom coup. The Wall Street Journal has reported that Ghosn was planning to oust a rival, Hiroto Saikawa, who has since taken Ghosn’s place as CEO. A similar thing happened to at Olympus in 2011, when CEO Michael Woodford broke ranks and came clean on boardroom grift. He was fired for not understanding “Japanese culture,” since that’s the easiest thing to pin on any foreigner. But in Woodford’s case, he was fired, not arrested and subjected to Japan’s peculiar system of “hostage justice” police detention, where detainees are denied access to basic amenities (including sleep or lawyers) for weeks at a time, and interrogated until they crack and confess, with more than 99% conviction rates.

The good news is that finally overseas media is waking up to what Japan’s Federation of Bar Associations and the UN Committee Against Torture have respectively called “a breeding ground for false charges” and “tantamount to torture.” Funny thing is, if this had happened in China, we’d have had howls much sooner about the gross violations of Ghosn’s human rights.

Japan Times JBC 114 DIRECTOR’S CUT of “Top Ten for 2018” column, with links to sources

Now that the clicks have died down on my latest Japan Times JBC column of January 28, 2019 (thanks for putting it in the Top Ten trending articles once again), what follows is the first final draft I submitted to the Japan Times for editing on December 29, 2018.  I blog this version because a lot of information is lost (inevitably) as we cut the word count from 2800 to 1600 words. (I generally put everything in the first final draft, then cut it down to fit the page; that way we don’t overlook anything and have to backtrack.)

People have been asking what got cut (and yes, the original version mentions Michael Woodford and Jeff Kingston), so the piece below is quite a bit different from what appeared in the Japan Times here (meaning it shouldn’t draw away any readers from the JT version; in fact, it will probably spur more views from readers wanting to compare). Also, having links to sources matter, so here it all is, including my regular acerbic tone.

United Nations demands Tokyo introduce anti-discrimination law to counter hate speech (HRC report CCPR/C/JPN/CO/6 text included in full, citing “Japanese Only” signs, thanks)

Good news. The United Nations has once again reviewed Japan’s human rights record (preliminary report below), and found it wanting. Here’s the bit that has been cited in Japan’s news media (also below):
=======================
Human Rights Committee
Concluding observations (2014) CCPR/C/JPN/CO/6
ADVANCE UNEDITED VERSION
Human Rights Committee
Concluding observations on the sixth periodic report of Japan (excerpt)

Hate speech and racial discrimination
12. The Committee expresses concern at the widespread racist discourse against members of minority groups, such as Koreans, Chinese or Burakumin, inciting hatred and discrimination against them, and the insufficient protection granted against these acts in the criminal and civil code. The Committee also expresses concern at the high number of extremist demonstrations authorised, the harassment and violence perpetrated against minorities, including against foreign students, as well the open display in private establishments of signs such as “Japanese only” (arts. 2, 19, 20 and 27).

The State should prohibit all propaganda advocating racial superiority or hatred that incites to discrimination, hostility or violence, and should prohibit demonstrations that intended to disseminate such propaganda. The State party should also allocate sufficient resources for awareness-raising campaigns against racism and increase its efforts to ensure that judges, prosecutors and police officials are trained to be able to detect hate and racially motivated crimes. The State party should also take all necessary steps to prevent racist attacks and to ensure that the alleged perpetrators are thoroughly investigated and prosecuted and, if convicted, punished with appropriate sanctions.
=======================

COMMENT: Happy to see the generally-overlooked aftermath of the Otaru Onsens Case and the information on Debito.org’s Rogues’ Gallery of Exclusionary Establishments is still being cited. Keep the pressure on, UN. The media reaction and the UN report in full follows, and there’s lots more important stuff (including issues of “Trainee” NJ slave-wage work, Japan’s historical wartime sexual slavery, abuses of police power, and even Fukushima irradiation!)

My Japan Times JUST BE CAUSE Column 57, November 6, 2012: “If bully Ishihara wants one last stand, bring it on”

JT JBC: On Oct. 25, Tokyo Gov. Shintaro Ishihara announced his resignation from office. He now plans to stand for election to the Diet as head of a new conservative party. He suggested political alliances with other conservative reactionaries and xenophobes, including Osaka Mayor Toru Hashimoto and Tachiagare Nippon (Sunrise Party of Japan) chief Takeo Hiranuma (Just Be Cause, Feb. 2, 2010). And all before a Lower House election that must be held within two months.

I say: Bring it on. Because it’s time for somebody to make clear which way Japan is heading.

The world’s media has largely misunderstood — or misrepresented — what kind of an elected official Ishihara is, often portraying him as a “nationalist” (which sounds like a patriot). He is in fact a hate-mongering racist bigot.

This is the man, remember, who began his governorship by calling for foreigners to be rounded up on sight in the event of a natural disaster — for they might (unprecedentedly) riot! Cue one natural disaster in 2011: No riots. Yet no retraction. Thus he got a free pass.

This is also a man who goes beyond the standard right-wing denials of the dark side of Japanese history, such as the Nanjing Massacre and the “comfort women.” He has called the 2011 tsunami “divine retribution” for Japan’s sins, insinuated that Africans in Japan are unintelligent, said commentators on Japan “don’t matter” if they’re foreign, likened foreign judo practitioners to “beasts,” claimed Chinese are criminals due to their “ethnic DNA,” called parts of Tokyo with higher foreign populations “hotbeds of crime” too scary for even Japanese crooks to enter, and stigmatized Japanese politicians who support more rights for foreigners by saying they must have foreign roots themselves (as if Japanese with tainted bloodlines are somehow unpatriotic).

He has also stated that old women are “useless” and “toxic” to civilization, gays “gadding about” are “pitiable,” French is unqualified as an international language because of its counting system — and so on ad nauseam, painting grotesque caricatures of foreigners and minorities in broad, bigoted strokes. Just listing them all would take up my entire column.

Yet, instead of pillorying this piece of work out of office, the media has generally dismissed his statements as “gaffes.” But a gaffe is technically an error or an unintended misstatement — and Ishihara’s are too frequent to be anything but deliberate.

Sadly, due to the limited attention span inherent in media cycles, Ishihara managed to out-stare the press. They then excused their own lack of tenacity by treating his outrageous comments like a personality quirk, as if he suffers from a particularly offensive form of Tourette’s — effectively handing him a free pass. Passes got freer after one re-election. Then another…

DEBITO.ORG NEWSLETTER SEPTEMBER 12, 2010 (forgot to blog)

Table of Contents:
DEVELOPMENTS
1) The 2010 Japan Census from October 1: Flash GOJ multilingual site explaining what it’s all about
2) Summer Tangent: DailyFinance.com on Japan’s generation-long economic stagnation leading to a lost generation of youth
3) Keishicho Kouhou on organized crime in Japan: Places NJ gangs in context for a change
4) Wash Post: “Strict immigration rules may threaten Japan’s future”, focus on nursing program
5) Thrice-convicted crooked Dietmember Suzuki Muneo gets his: Supreme Court rejects appeal, jail time looms
6) Kyodo: Japan to join The Hague Convention on Child Abduction. Uncertain when.

ACTIVISM ON BOTH SIDES
7) NYT: “New Dissent in Japan Is Loudly Anti-Foreign”
8 ) Success Story: Takamado English Speech Contest reform their “Japanese Only”, er, “Non-English Speakers Only” rules
9) Meeting with US Embassy Tokyo Sept 9, regarding State Dept. Country Reports on Human Rights
10) Asahi: Zaitokukai arrests: Rightist adult bullies of Zainichi schoolchildren being investigated
11) “The Cove” Taiji Dolphin protesters cancel local demo due to potential Rightist violence
12) Japan will apologize for Korean Annexation 100 years ago and give back some war spoils. Bravo.
13) Sendaiben digs deeper on those Narita Airport racially-profiling Instant NPA Checkpoints
14) M-Net Magazine publishes FRANCA March 2010 report to UN Rapporteur in Japanese

INTERESTING TANGENTS
15) Economist.com summary of Amakudari system
16) Coleman Japan Inc. has instructions “For Japanese Consumers Only”
17) Discussion: “If you could change one thing about a society…”

… and finally …
18) Japan Times JUST BE CAUSE column: ‘Don’t blame JET for Japan’s bad English”

Summer Tangent: Economist.com summary of Amakudari system

For a Summer Tangent, here’s a good summary of Japan’s Amakudari system, and its effects on politics and prospects for reform. The Economist has come a long way from when I first read it back in the Eighties, when it basically assumed that Japan’s postwar economic miracle was due to theoretical economic efficiencies (as opposed to a closed captive domestic market and sweetheart-deal overseas trade access). Now they have people here on the ground (well, one that I’ve met, and I found him knowledgeable and impressive) who aren’t blinkered by mere Adam-Smithism and clearly know their way around. Good. Have a read. It’s short and sweet.

Economist: A SWATHE of high-ranking bureaucrats from Japan’s biggest ministries began in new posts on July 30th, doled out as part of an annual summer rite. A gaggle of even more senior ones were asked to retire—and immediately won cushy, lucrative jobs at quasi-public agencies and private foundations. Some were even sent to companies in industries they had previously regulated.

The practice is called amakudari (meaning “descent from heaven”). It has long reflected unhealthily close relations between bureaucrats and business, distorting the work of civil servants on the look out for a plum job, and burdening firms with the deadweight of ex-pen pushers serving as “senior advisers”. At its worst, it lets civil servants enrich themselves, pay back vested interests and resist economic reform. One reason why Japan’s banking crisis in the 1990s took so long to fix was because former senior staff from the finance ministry and Bank of Japan had moved to the banks that needed fixing. They pressed their former deputies to bail them out on soft terms, and then failed to carry out much-needed surgery…

DEBITO.ORG NEWSLETTER JULY 11, 2010

Table of Contents:
CALLS FOR CHANGE, WELL MAYBE NOT:
1) JET Programme on GOJ chopping block: Appeal from JQ Magazine and JETAA in NYC (plus Debito.org Poll)
2) Powerpoint presentation: “Japan Past the Point of No Return”
3) Alarmist Nikkei Business cover re Chinese business practices: “Chapan: Your new boss is Chinese”
4) Japan Times: LDP & rightists still clinging to anti NJ PR Suffrage, even though not an issue in this election
5) Metropolis Mag has thoughtful article regarding the convoluted debate for NJ PR suffrage
6) Japan Times Zeit Gist on how NJ can participate in Japanese elections
7) Japan Times & Kyodo: Foreign “trainees” dying at rate of two to three a month, takes two years for one to be declared “from overwork” (karoushi), more than a quarter from “unknown causes”
8 ) IMADR Connect Magazine article on recent UN visit by High Commissioner of Human Rights to Japan May 2010

CRIME AND PUNISHMENT, WELL MAYBE NOT:
9) Japan Times’ Colin Jones on Japanese enforcement of vague laws: “No need to know the law, but you must obey it”
10) FCCJ No.1 Shimbun & Jiji on Japanese police’s extralegal powers, and how that power corrupts
11) Kyodo: Police raid car scrap yards run by NJ, suspecting them as “breeding grounds for crime”
12) NYT guest column on racial profiling of Japanese for “looking too tall and dark”. Just like arrest of “foreign-looking” Japanese back in 2006.
13) TBS: Daring heist of expensive watches in Sapporo. So daring it might have been foreigners!, says Hokkaido Police
14) J protesters of “The Cove” lose injunction in Yokohama District Court, cannot stop screenings, so they target people’s homes for intimidation
15) DEBITO.ORG PODCAST JULY 1, 2010

TANGENTS
16) Newsweek: Immigrants do not increase crime
17) How the US deals with Arizona racial profiling: Federal lawsuits and Jon Stewart humor
18) Activist Junichi Sato on International Whaling Commission corruption and GOJ/NPA collusion
19) Canada spending even more than Japan this time on G8/G20 summits. However, controversy ensues.
20) Yours is no disgrace, World Cup Japan Team. Otsukare. I hope the J media does not spin this as a loss.
21) Sunday Tangent: “A Growing Love for ‘Cool Japan'” by Akira Yamada (of MOFA)

… and finally …

22) JUST BE CAUSE column July 6, 2010: “Japan’s hostile hosteling industry”: how government agencies want NJ tourists yet are accessories to excluding them (full text)

Sunday Tangent: CNN: Activist Junichi Sato on International Whaling Commission corruption and GOJ/NPA collusion

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?…

DEBITO.ORG NEWSLETTER MAY 8, 2010

Table of Contents:

MIXED OPINIONS
1) Newsweek and NBER on how immigration helps societies, vs separate Newsweek column doubting it
2) Savoie Child Abduction Case: Father sues judge and lawyer that enabled ex-wife to abduct
3) US House of Reps Resolution submission regarding Japan’s Child Abductions Issue
4) How the mighty have fallen: Forbes ranks world’s leading companies, Japan with only 3 in top 100, Toyota drops from 3rd to 360th
5) Swiss woman acquitted of crimes yet denied bail due to being NJ, then barred as “visa overstayer” anyway
6) Japan Times editorial calling for the removal of its own Berlin Walls
7) DEBITO.ORG Podcast May 1, 2010

INFORMATION YOU JUST MIGHT NEED
8 ) GEOS Bankruptcy and G-Education takeover: Internal document forwarded to Debito.org stating staff not getting back wages
9) Mainichi: First GOJ guidelines for teaching NJ the Japanese language so they can live here
10) Debito.org Recommends: “LANDED: The Guide to Buying Property in Japan”, By Christopher Dillon; Tokyo book tour next week

TANGENTS
11) Racial profiling of immigrants becomes legal in Arizona. However, controversy ensues.
12) Holiday Tangent: “Lifer” cartoon on “Things to do in a Wintry Hokkaido”, Happy May

… and finally …
13) JUST BE CAUSE Japan Times column May 4, 2010, on “Last gasps of Japan’s dying demagogues ” (full text)

SMJ/NGO combined report for UN CERD Committee regarding Japan’s human rights record

The Government of Japan comes under review this month in Geneva by the United Nations Committee on the Elimination of Racial Discrimination. I was invited to submit a chapter for a report to the UN by the NGO Solidarity with Migrants Japan (SMJ) on how Japan is doing with enforcing it.

NGO Report Regarding the Rights of Non-Japanese Nationals, Minorities of Foreign Origins, and Refugees in Japan.

Prepared for the 76th United Nations Committee on the Elimination of Racial Discrimination Session February 2010
Compiled and published by: Solidarity Network with Migrants Japan (SMJ)

CHAPTER 2 Race and Nationality-based Entrance Refusals at Private and Quasi-Public Establishments By Debito Arudou. Page 7

As I conclude:

“In conclusion, the situation is that in Japan, racial discrimination remains unconstitutional and unlawful under the ICERD, yet not illegal. Japan has had more than a decade since 1996 to pass a criminal law against RD. Its failure to do so can only be interpreted as a clear violation of ICERD Article 2(1): “States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay [emphasis added] a policy of eliminating racial discrimination.” We urge the Committee to make the appropriate advisements to the Japanese government to pass a law against racial discrimination without any further delay.”

Enjoy. Let’s see how the UN and GOJ respond. Here’s how the GOJ responded in 2008 — read and guffaw at their claim that they have taken “every conceivable measure to fight against racial discrimination”.

Japan Times Amy Chavez comes unglued with weird “Japan Lite” column: “How about a gaijin circus in gazelle land?”

Excerpt: “This confirms a suspicion I have long had about the Japanese people — they are descendants of gazelles… Consider that gazelles and the Japanese share some striking similarities: They are both fine boned and graceful and the females have pretty little feet with high heels, making them look like they are tip-toeing along. Now, put a cow next to the gazelle and you have us gaijin.

A crowd of Japanese people looks tidy but a crowd of beefy foreigners looks like a stampede. The Japanese, with their long, elegant limbs and quiet demeanor cannot possibly be descendants of the caveman.”

Whaaaa…..?

DEBITO.ORG NEWSLETTER MAY 16, 2009

ILLNESSES AND RESUSCITATIONS
1) Wash Post on GOJ border controls of Swine Flu,
Mainichi/Kyodo on hospitals turning away J with fevers or NJ friends
2) GOJ shuts down NJ academic conference at Josai University due to Swine Flu
3) Revamped article on the Nikkei Repatriation Bribe, and BBC on what’s happening to returnees
4) Tokyo Shinbun: GOJ to amend Nikkei Repatriation Bribe exile to Mar 2012
5) Japan Times: “Immigrants” magazine & advocates’ moves to establish J immigration policy
6) Kirk Masden resuscitates debate on TV Asahi show KokoGaHen

DEBATES FROM BIZZAROWORLD
7) Hokkaido Kushiro gives special Residency Certificate to sea otter
8 ) AP on resuscitating discriminatory Buraku historical maps on Google Earth
9) Chunichi Shinbun May 11, 2009 on New IC Gaijin Card debate
10) Thoughts on May 11’s TV Asahi TV Tackle on NJ issues
11) Thoughts on May Day 2009 in Odori Park, Sapporo
12) Kambayashi Column: Self-censoring media abets incompetent politicians.
13) Sunday Tangent: Obama’s March 8, 2008 speech on race, link to full text

… and finally …
14) Japan Times JUST BE CAUSE column May 5, 2009 on Alberto Fujimori’s 31-year sentencing
(full text)

Japan Times JUST BE CAUSE column May 5, 2009 on Alberto Fujimori

Japan Times: Sociopaths like Fujimori are by definition incurious about how they affect others, especially when granted power in young, weak constitutional democracies. At least Peru and Chile had the sense (and the chance) to lock him up and re-establish the rule of law.

No thanks to Japan, of course, from whom the world expects more maturity. Rumor has it the International Olympic Committee has been nudged by rival candidate cities about Ishihara and Fujimori. If this knocks Tokyo out of contention for the 2016 Olympics, more hurrahs for poetic justice.

In sum, Fujimori is a classic case of how power corrupts. A former math teacher comes to power, comes to believe that he can do anything, then comes to a dazzlingly rich society run by elites who shelter him and further encourage his excesses.

A pundit friend said it well: “Fujimori is an accident of birth. If he had been born in North America, he’d have been a dentist, not a dictator.”

At least this time, this kind of “accident” has not gone unpunished.

DEBITO.ORG NEWSLETTER APRIL 6, 2009

Table of Contents:
NEWS:
1) See I told you so #1: Newcomer PR outnumber Oldcomer Zainichis as of 2007
2) NPA enforcing Hotel Management Law against exclusionary Prince Hotel Tokyo
3) Yomiuri: NPA finally cracking down on Internet BBS threats and defamation
4) Mainichi: Tourism to Japan plunges by over 40% compared to last year
5) Metropolis Mag on how to get your housing deposit (shikikin) back

BLUES:
6) GOJ bribes Nikkei NJ with Golden Parachutes: Go home and don’t come back
7) Ekonomisuto March 10 2009 re worsening job and living conditions for Nikkei Brazilians et al.
8 ) Mainichi: Lawson hiring more NJ, offering Vietnamese scholarships
9) Japan Times on Japan’s emerging NJ policing laws. Nichibenren: “violation of human rights”
10) Mark in Yayoi on cop checkpoint #123, and “Cops”-style TV show transcript
11) Japanese also fingerprinted, at Narita, voluntarily, for “convenience” (not terrorism or crime)

REVIEWS:
12) Thoughts on Suo Masayuki’s movie “I just didn’t do it”: A must-see.
13) Audience reactions to documentary SOUR STRAWBERRIES roadshow March 21-April 1
Next showing Sapporo Apr 23, organizing next roadshow August-September
14) Debito.org has citations in 37 books, according to Amazon
15) The definition of “Gaijin” according to Tokyu Hands Nov 17, 2008

… and finally… THE MUSE:
16) Complete tangent: 1940 Herblock cartoon on inaction towards Hitler

Japan Times ZEIT GIST Mar 24, 2009: “Punishing Foreigners, Exonerating Japanese”

Excerpt: Examine any justice system and patterns emerge. For example, consider how Japan’s policing system treats non-Japanese. ZEIT GIST has discussed numerous times (Jul. 8 2008, Feb. 20 and Nov. 13 2007, May 24 2005, Jan. 13 2004, Oct. 7 2003) how police target and racially profile foreigners under anti-crime and anti-terrorism campaigns.

But the bias goes beyond cops and into criminal prosecution, with Japanese courts treating suspects differently according to nationality. We’ve already discussed how judges discount testimony from foreigners (ZG Aug. 14 2007), but here’s the emerging pattern: If you are a Japanese committing a crime towards a non-Japanese, you tend to get off lightly. Vice versa and you “haven’t a Chinaman’s chance,” as it were…

Thoughts on Suo Masayuki’s movie “I just didn’t do it”: A must-see.

See Suo Masayuki’s movie SORE DE MO, BOKU WA YATTENAI (I Just Didn’t Do It), everyone. I did. It’s an excellent illustration of court procedure in Japan — long, drawn-out, well researched, and necessarily tedious. Experience vicariously what you might go through if arrested in Japan.

Don’t think it just won’t happen to you. Random searches on the street without probable cause are permitted by law only for NJ. If you’re arrested, you will be incarcerated for the duration of your trial, no matter how many years it takes, even if you are adjudged innocent (the Prosecution generally appeals), because NJ are not allowed bail (only a minority of Japanese get it as well, but the number is not zero; NJ are particularly seen as a flight risk, and there are visa overstay issues). And NJ have been convicted without material evidence (see Idubor Case). Given the official association with NJ and crime, NJ are more likely to be targeted, apprehended, and incarcerated than a Japanese.

If it happens to you, as SOREBOKU demonstrates, you will disappear for days if not weeks, be ground down by police interrogations, face months if not years in trial if you maintain innocence, have enormous bills from court and lawyers’ fees (and if you lose your job for being arrested, as often happens, you have no income), and may be one of the 0.1 percent of people who emerge unscathed; well, adjudged innocent, anyway.

Like getting sick in the US (and finding that the health care system could destroy your life), getting arrested in Japan could similarly ruin yours. It’s Japan’s SICKO system…

Japan Times FYI column explaining Japan’s Bubble Economy

On this snowiest of snowy days in Hokkaido, let me send out an excellent writeup from the Japan Times regarding the Japan I first came to know: The Bubble Economy. I first arrived here in 1986 as a tourist, and came to look around for a year in 1987. It was one great, big party. By the time I came back here, married, to stay and work, in 1991, the party was winding up, and it’s been over (especially up here in Hokkaido) ever since. Surprising to hear that it only lasted about five years. Eric Johnston tells us about everything you’d ever want to know in 1500 words about how it happened, how it ended, and what its aftereffects are. If you’re stuck inside today, have a good read. Excerpt:

“Economic historians usually date the beginning of the bubble economy in September 1985, when Japan and five other nations signed the Plaza Accord in New York. That agreement called for the depreciation of the dollar against the yen and was supposed to increase U.S. exports by making them cheaper.

But it also made it cheaper for Japanese companies to purchase foreign assets. And they went on an overseas buying spree, picking off properties like the Rockefeller Center in New York and golf courses in Hawaii and California.

By December 1989, the benchmark Nikkei 225 stock average had reached nearly 39,000. But beginning in 1990, the stock market began a downward spiral that saw it lose more than $2 trillion by December 1990, effectively ending the bubble era…

What was Japan like during those years? For many people, it was one big, expensive party. The frugality and austerity that defined the country during the postwar era gave way to extravagance and conspicuous consumption. Stories of housewives in Nara sipping $500 cups of coffee sprinkled with gold dust or businessmen spending tens of thousands of dollars in Tokyo’s flashy restaurants and nightclubs were legion. One nightclub in particular, Julianna’s Tokyo, become the symbol for the flashy, party lifestyle of the entire era.

Japan’s inflated land prices made global headlines. The Imperial Palace was reported to be worth more than France. A ¥10,000 note dropped in Tokyo’s Ginza district was worth less than the tiny amount of ground it covered…

DEBITO.ORG NEWSLETTER FEB 8, 2009

2-CHANNEL AND DEALING WITH INTERNET BULLIES
1) Japan Times JUST BE CAUSE Feb 3, 2009: “2channel the bullies’ forum” (full text)
2) Japan Today & Yomiuri: Criminal charges against Internet bullies
3) NYT on “The Trolls among us” and measures against trollery

THE RECESSION BITES
4) JASSO eliminating exchange student funding on medical expenses, meaning sicker ryuugakusei
5) Japan Times/Kyodo: Decrease in NJ “Trainees”

KARMA BITES BACK
6) Sumo wrestler Wakakirin expelled for smoking pot: Why’d it take so long?
7) Newly-elected Tsukuba City Assemblyman Jon Heese on the hows and whys of getting elected in Japan

…and finally…

8 ) Debito.org Poll on whether “discrimination is a right for Japanese people”
…surprising is that 20% effectively say yes.

JASSO eliminating exchange student funding on medical expenses, meaning sicker ryuugakusei

JASSO (Japan Student Services Organization), the group which offers very generous packages for ryuugakusei (exchange students) to come and take up spaces in Japanese universities, is being less generous as of late. This is a problem since how much those students are allowed to make up the shortfall is limited by visa status. Here’s an essay from YYZ about what’s going on there and the impact it’s having on different nationalities. Excerpt:

“As of April, that won’t even be a factor. The support [for medical insurance] will be zero. I can manage, I’m a poor grad student, but I can make decent money teaching English/translating on the side. For the typical Chinese student, it will make life a lot tougher.

Normally I don’t support handouts in the first place. But, since the Japanese government limits the amount of hours a student can legally work [28 hours per week, no more than 8 per day] thus limiting our income, [especially rough if the only job you can get is washing dishes for 750 an hour] some government consideration is only fair. We can’t live rent-free with Mama and Papa nor count on them for free food or to bail us out in times of need like most Japanese students. Not to mention the desire to travel home even just once a year. [I already can’t do that.]

Many students must be already violating their visa work conditions just to scrape by. Now, more students will delay medical care, or work even more overtime in violation of their visas. Because when the government limits a self-supporting student to 21,000 yen/week in income [at 750/hr] and already takes about 5000/month just to join NHI, losing the medical expense subsidy is a kick in the teeth, as it’s already impossible to follow the visa work laws and live as a self-supporting student without a full scholarship and/or burning up one’s life savings.”

Kyodo/JT: Death penalty obstructs “presumption of innocence” in Japanese justice

This is not a “NJ issues”-specific post today (although issues of criminal justice ultimately affect everybody, except maybe bent cops). But this short article on a presentation, regarding the aftermath of the famous 1948 Teigin Bank Poisoning Incident (where a bank robber posed as a doctor, told everybody that there had been an outbreak of dysentery, and to take medicine that was actually poison; themes of Milgram’s Experiment), calls into question the use of the death penalty not as a preventive deterrent or a form of Hammurabian justice, but as a weapon during interrogation. I have brought up issues of “presumption of guilt” (where the accused has to prove his innocence, despite the Constitution) here before. This too-short article is still good food for thought about the abuses of power, especially if governing life and death. Choice excerpt:

“The death penalty is a ‘weapon’ for investigators. They could tell suspects, ‘You will be hanged if you do not admit to the charges,’ ” he said.

As for the Teigin case, more than 30 justice ministers refused to sign the execution order, and Yasuda told the audience of about 50, “They must have had concerns over the possible discovery of the real culprit, but they refused to release Hirasawa to save the ‘honor’ of the legal system.”

Grauniad: Japan comes down hard on Greenpeace whaling activists

Grauniad on how the GOJ will treat activists it wants to make an example of: Subject them to the full force of the NPA:

Two Greenpeace activists who face years in prison for investigating corruption in Japan’s whaling industry have condemned their arrests as politically motivated on the eve of an unprecedented campaign to end the country’s whale hunts.

Junichi Sato and Toru Suzuki were arrested in June, two months after intercepting 23kg of whale meat at a warehouse in northern Japan that they said had been stolen by crew members from the Japanese whaling fleet’s mother ship for sale on the black market.

They are now waiting to stand trial early next year, and if convicted face up to 10 years in prison.

“At the time I was arrested I wasn’t too concerned as I was focusing on our investigation,” Sato, 31, told the Guardian yesterday at the Tokyo offices of his legal team.

“But if we are convicted, then of course I will be worried about my wife and child. It would also raise serious questions about Japan’s commitment to human rights. We have already been detained for 26 days, which is very unusual for someone facing first-time charges of theft.”

The ferocity with which prosecutors have made their case against Sato and Suzuki has astonished Greenpeace officials and human rights activists.

During their time in police custody, the men say they were strapped to chairs and interrogated for up to 12 hours a day. No lawyers were present and the interviews were not recorded…

Tangent: Michael Moore on how to deal with America’s financial crisis.

From Michael Moore: The richest 400 Americans — that’s right, just four hundred people — own MORE than the bottom 150 million Americans combined. 400 rich Americans have got more stashed away than half the entire country! Their combined net worth is $1.6 trillion. During the eight years of the Bush Administration, their wealth has increased by nearly $700 billion — the same amount that they are now demanding we give to them for the “bailout.” Why don’t they just spend the money they made under Bush to bail themselves out? They’d still have nearly a trillion dollars left over to spread amongst themselves!

Of course, they are not going to do that — at least not voluntarily. George W. Bush was handed a $127 billion surplus when Bill Clinton left office. Because that money was OUR money and not his, he did what the rich prefer to do — spend it and never look back. Now we have a $9.5 trillion debt. Why on earth would we even think of giving these robber barons any more of our money?

I would like to propose my own bailout plan… after consulting with a number of people smarter than Phil Gramm, here is my proposal, now known as “Mike’s Rescue Plan.” It has 10 simple, straightforward points. They are:

Japan Times July 8 2008 45th Zeit Gist Column: Gaijin as Public Policy Guinea Pig

GAIJIN AS GUINEA PIG
Non-Japanese, with fewer rights, are public policy test dummies
By ARUDOU Debito
Column 45 for the Japan Times Zeit Gist Community Page
Draft Seventeen, “Director’s Cut”, with links to sources
Published July 8, 2008:

Anywhere in the world, non-citizens have fewer legal rights than citizens. Japan’s Supreme Court would agree: On June 2, in a landmark case granting citizenship to Japanese children of unmarried Filipina mothers, judges ruled that Japanese citizenship is necessary “for the protection of basic human rights”.

A shortage of rights for some humans is evident whenever police partake in racial profiling–for example, stopping you for walking, using public transportation, even cycling while gaijin (Zeit Gist Jul. 27, 2004). Japanese citizens are protected against random questioning by the “Police Execution of Duties Act”; requiring probable cause of a crime. But non-citizens, thanks to the Foreign Registry Law, can be questioned at any time, any place, under penalty of arrest (with some caveats; see SIDEBAR below).

The societal damage caused by this, however, isn’t so easily compartmentalized by nationality. Denying legal rights to some people will eventually affect everyone, especially since non-Japanese (NJ) are being used as a proving ground for embryonic public policy. Read more…

DEBITO.ORG NEWSLETTER JUNE 6, 2008

BIG SURPRISES:
Japan’s Supreme Court rules Japan’s marriage requirement for Japanese nationality unconsitutional
Chinese now outnumber Koreans as Japan’s largest NJ Minority
Narita Customs spike HK passenger’s bag with cannabis
Exclusive! Eric Johnston on extreme security at Kobe G8 Environmental Ministers Summit
UN OHCHR Minority Update: Japan reviewed by Human Rights Council
Highlights of UN OHCHR Universal Periodic Review of Japan’s Human Rights Record, May 14, 2008

OTHER SURPRISES:
Terrie’s Take 469: GOJ to sign Hague Convention on Child Abduction by 2010
Japan Times’ Colin Jones on Japan’s offer to sign Hague Convention on Child Abductions by 2010
Japan Times Community Page May 28, 2008 on Permanent Residency: “Bad PR for Japan”
…and consequently… NYT on Japan’s dearth of NJ techies, scientists, and engineers
…and even Japan’s first Caucasian Geisha got her application for PR rejected!

GOOD NEWS:
Kyodo/Japan Today on Anthony Bianchi’s moves as Inuyama City Councilor
Daily Yomiuri May 30 2008 reviews HANDBOOK positively
Jornal Tudo Bem interview, May 9 2008 (Portuguese)
Bulgarian Kotooshuu wins first Sumo Tourney
Debito.org “Japanese Only” T-Shirt appears in Italian SkyTG24 report on G8 Pre-Summit

LUDICROUSIES
Tony Laszlo, “Administrator of NGO Issho Kikaku”, in Asahi “Money” Section for his wife’s “Darling wa Gaikokujin” series
Yahoo News/AP: Newest “Yokoso Japan” rep: Hello Kitty!
Wired Magazine on 2-Channel’s Nishimura Hiroyuki

GATHERINGS OF INTEREST:
3rd Annual Tokyo Refugee Film Festival, June 20-27 2008, Sponsored by UNHCR
SMJ Forum On NJ Rights and Living Standards, Sat June 14, Kawasaki
Call for Presentations, Peace as a Global Language Conference 7 Sept 27-8, Tokyo

…and finally… a tangent:
Economist obit on Mildred Loving, defeater of US anti-miscegenation laws

Japan Times Community Page May 28, 2008 on Permanent Residency: “Bad PR for Japan”

Getting to know Japan is hard work: a complicated language, cultural esoterica, mixed messages about prudent paths to take. People who find their way around and assimilate deserve kudos and respect. And reward. The Japanese government should welcome them by granting Permanent Residency (“eijuken”). But recently people eminently qualified under PR guidelines are being rejected — even Japan’s first Caucasian geisha! Makes one wonder if Japan’s mandarins now feel PRs have reached a “carrying capacity” and have started throwing up more hurdles. Let’s triangulate from three examples this past month…

CNN: Narita Customs spike HK passenger’s bag with cannabis

I think this is perhaps the most ridiculous story on Japan I’ve heard this decade. According to CNN, Narita Customs put a bag of marijuana in some visiting NJ’s bag to test their sniffer dogs. Then they lose track of it! Now just imagine if that innocent person was later caught with it. We’re talking Nick Baker (finally sent back to the UK after 6 years in Japanese jail) and other NJ judicial hostages (who can never leave custody or be granted bail until they go through years of slow jurisprudence, even when judged innocent). Of course, we make sure we cause meiwaku to none of our tribe(or to ourselves–think serious chances of a lawsuit from a native)–we use the Gaijin as Guinea Pig. Yokoso Japan!

Highlights of UN OHCHR Universal Periodic Review of Japan’s Human Rights Record, May 14, 2008

Here’s what investigating countries at the United Nations are saying about Japan’s human rights record. First, some highlights of what the GOJ itself says it’s doing about following treaties and human rights standards, then other countries respond with a surprising degree of awareness. The biggest issues seem to be the death penalty, human trafficking, and rights for women (with historical issues brought up by neighboring Asian countries), but as far as Debito.org is concerned, there is plenty of attention devoted to issues we’ve been raising all along. Even if Special Rapporteur Doudou Diene’s reports on racism in Japan are mostly being ignored by our government, they certainly are being read by members of the UN. Do try to read parts of the UPR Report with a straight face, as that’s what our government is making a number of risible claims with. I offer links to sections on Debito.org that are at odds with the GOJ’s claims.

DEBITO.ORG NEWSLETTER MAY 11, 2008–SPECIAL ON CRIME AND PUNISHMENT IN JAPAN

JUDICIAL TREATMENT OF NJ VICTIMS OF CRIME
1) Filipina allegedly killed by J man, let out of jail despite suspicion of killing another Filipina in past
2) Japan Times et al on homicide of Scott Tucker: “likely to draw leniency”
3) Tokyo Police apparently drop case of Peter Barakan’s assault
4) Yomiuri and Japan Times on Matthew Lacey Case:
Fukuoka Police dismiss NJ death by blow to the head as “dehydration”

JUDICIAL TREATMENT OF NJ ACCUSED OF CRIME
5) “Hostage Justice”: Swiss woman acquitted of a crime,
but detained for eight months anyway during prosecution’s appeal
6) Two articles from The Economist on bent Japanese criminal justice system, death penalty
7) Rough Guide on what to do if and when arrested in Japan
8) Yuyu Idubor’s Statement to High Court April 23, 2008, letters from prison parts five and six

SYSTEMATIC POLICE TREATMENT OF NJ EVEN WITHOUT CRIME
9) Japan Today: Male Shinjuku cops rough up Singaporean women during “passport check”
(with link to Japan Probe site with information about possible police identity fraud)
10) Hiragana Times July 2006 on NJ police brutality by Toyonaka, Osaka cops
11) Potential Olympic torch problems in Nagano? All the more reason to target NJ!
12) Asahi, Mainichi, and Yomiuri: Replacement “Gaijin Card” system, increasing police powers
13) Japan Times: Critics deride future extra policing of NJ under new proposed registration policy

WHY THIS IS UNJUST: JAPAN’S EXTREME POLICE POWERS
14) Reuters: Study says immigrants and crime rate not linked
15) Japan Times ZEIT GIST: G8 Summit and the bad “security” habits brought out in Japan

US State Dept Country Reports on Human Rights Practices, 2007, Japan

Although the US is certainly no paragon of human rights worldwide (what with torture, renditions, abuses under SOFA, denial of Habeas Corpus to non-citizens, Guantanamo, Abu Ghraib, and the largest arms sales worldwide, to name but a few caveats under this administration), here is their annual report on human rights in Japan in full. For what it’s worth. Note how the situation of “Japanese Only” signs nationwide is no longer mentioned, like it was in previous reports. I guess the US State Department considers the situation resolved. I beg to differ.

“Hostage Justice”: Swiss woman acquitted of a crime, but detained for eight months anyway during prosecution’s appeal

Here’s another oddity of the Japanese judiciary–“hostage justice”. The prosecution is so strong in this country that, in the extremely rare case (less than one percent of all cases that go to trial) they lose a criminal case judgment (and the accused goes free), they can appeal. But, as you can see in the article below, the rights of the accused differ by nationality. If you are a Non-Japanese, and even if you are judged innocent by a lower court, you are still incarcerated for however many months it takes for the higher court to deliver a verdict (in this case, innocent again). Because, you see, foreigners aren’t allowed bail in Japan. Unlike Japanese. When Japanese 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!).

Two articles from The Economist on bent Japanese criminal justice system, death penalty

The Economist, two articles: “Article 34 of the Japanese Constitution guarantees the right to counsel and habeas corpus, but is systematically ignored. Police and prosecutors can detain suspects for 23 days. Interrogations are relentless and sometimes abusive. Prosecutors are reluctant to bring cases to trial without a confession. Indeed, it is considered a first step in a criminal’s rehabilitation. When asked about the country’s 99% conviction rate, Japan’s justice minister, Kunio Hatoyama, corrected your correspondent to state that it was actually 99.9%, because prosecutors only present cases that are watertight.”… “The notion of being innocent until proven guilty is not strong in Japan. Mr Hatoyama calls it “an idea which I want to constrain”. But confessions are important and the courts rely heavily upon them. Apart from helping secure convictions, they are widely interpreted as expressions of remorse. A defendant not only risks a longer sentence if he insists he is innocent, he is also much less likely to be granted bail before trial—often remaining isolated in police custody, without access to counsel, for long enough to confess. Toshiko Terada, a private lawyer, calls this hitojichi shiho—hostage justice. Perversely, where little supporting evidence exists, the system helps hardened criminals, who know that if they do not confess they are unlikely to be indicted. Innocents, on the other hand, may crack—as in the Kagoshima case, or in a notorious 2002 rape case when the accused confessed under pressure but was released last October after the real culprit came forward.”

Alberto Fujimori really gets his–6 years’ prison; and that’s not all

Several news articles on former Peruvian dictator Alberto Fujimori, who took refuge in Japan as a “citizen” for five years before buggering off to Chile, on his eventual sentencing to 6 years’ prison on some charges (more charges to come)–with a little something on what this means for the world’s dictators on the lam. A good precedent.

NY1 News: Japanese Courts Make It Hard To Prove Innocence

In part four of her five-part series Tokyo Justice, NY1 Criminal Justice reporter Solana Pyne looks into the story of a man who finds himself swallowed up in the Japanese criminal justice system even though he’s done nothing wrong, bullied by police who want him to confess to a crime he didn’t commit. The story became the basis for an eye-opening movie in Japan.