NY1 News: Japanese Courts Make It Hard To Prove Innocence

mytest

Hi Blog. Word is getting out on what’s going on over here… Debito in Hirakata, Osaka.

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JAPANESE COURTS MAKE IT HARD TO PROVE INNOCENCE
NY1 News, October 13, 2007

http://www.ny1.com/ny1/content/index.jsp?stid=1&aid=74482
Courtesy of John Blade

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.

The film “I Just Didn’t Do It” tells the story of a young Japanese man wrongly convicted of groping a woman on the subway. Director Misayaki Suo says the idea for the movie came from a newspaper story about a man who went through that ordeal.

“In theory, the defendant is innocent until proven guilty, but in Japan the defendant has to earn his innocence by proving that he is not guilty. It appears to be that way to me,” says Suo through a translator.

He discovered Japanese courts convict close to 99 percent of those who come before them. It’s one of the many things about the movie that those who watch it think is fiction.

“Many people are surprised and they ask, ‘Is this a true story?’” says Suo.

It was no surprise to Takashi Yatabe, pictured above, and his wife. It was his story that inspired Suo. Yatabe’s ordeal began in December of 2000, during his routine commute to work.

“A lady was pinching my sleeve. I turned around and she began jumping and to her girlfriend. Her friend came over and suddenly called me a groper,” says Yatabe through a translator.

He says he went willingly to the local police box to tell his side of the story. Already he says there were holes in the woman’s account: he wasn’t where she said he was, and she said he unzipped his pants, but his pants only had buttons. Still, over the next few weeks he was interrogated some four times. And he had no lawyer in the room with him because Japanese law doesn’t allow it.

“One detective suddenly pounded on the table and said, ‘you must have done it, you must have done it,’” recalls Yatabe.

But he refused. After three months he was finally released on bail. While out, he made videos, and diagrams to show the woman was not telling the truth. After a series of proceedings that took almost a year, a judge eventually heard his case. There are no juries in Japan.

“Guilty. The sentence was a year and two months in prison,” says Yatabe.

He was able to stay out of prison on appeal, finally changing his strategy to say something bad must in fact have happened to his accuser, but he was not to blame. After more than a year, his conviction was overturned – something that happens just a few percent of the time.

“Before this, I thought the court was the place that protected human rights. I never doubted it. I believed in police and prosecutors too,” says Yatabe’s wife Atsuko Yatabe through a translator.

Some might ask what it will take to prevent what happened to Yatabe from happening to others. He says the system needs to be completely overhauled.

“If the entire judicial system changes, then police and prosecutors might improve,” says Yatabe.

– Solana Pyne
ENDS

Chosun Ilbo: Korean sues for apartment refusal, wins in Kyoto Court

mytest

Hi Blog. Got enough stuff backlogged recently to have two updates per day. Here’s a quick one, which didn’t appear in the Japanese media in English or Japanese, according to Google News. Thanks to the Korean press for covering it. Good news:

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Korean Woman Wins Discrimination Damages in Japan
Chosun Ilbo, South Korea, October 5, 2007

http://english.chosun.com/w21data/html/news/200710/200710050017.html
Courtesy of Neil Marks

A Kyoto court ruled partially in favor of a Korean woman who sued a Japanese landlord for refusing to rent a room to her. A Kyoto district court ruled that refusing to rent a room to a person due to her nationality is illegal and ordered the landlord to pay the woman W8.65 million (US$1=W916) [about 110 man en, pretty much the average award in these lawsuits] in compensation.

Courts have taken a dim view of refusal to let rooms to foreigners since an Osaka court in 1993 ruled this went against the constitutional stipulation of equality before the law. But in reality, Japanese homeowners often reject foreign tenants citing differences in the lifestyle and customs. Counsel for the plaintiff said the ruling was a “head-on attack on discrimination based on nationality” and predicted it would help eradicate unfair discrimination against foreigners.

The woman signed a contract to rent a room through a real estate agency in January 2005. But after she paid the deposit to the landlord and commissions to the realtor, the landlord changed his mind since she was a foreigner.

(englishnews@chosun.com )
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Moral: Get refused for being a foreigner, sue. It’ll only take you a year or two and you had better have signed a contract.

Next step necessary in the precedent ladder: winning in court for getting refused a room for being a foreigner, before a contract was even signed. Any takers? No doubt there are plenty of readers out there who have experience…

Arudou Debito in Sapporo

Shuukan Kinyobi/J Times: Vietnamese worker lawsuit against JITCO & Toyota-related company

mytest

Hi Blog. Another lawsuit against an employer for bad work practices. This time around, however, the plaintiffs are NJ. Let’s hope their efforts both make the labor laws more clearly enforceable, and highlight more of the problems created by treating NJ laborers as inferior. Thanks to Shuukan Kin’youbi and people at the Japan Times for bringing this to the fore. Arudou Debito in Sapporo

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EXPLOITING VIETNAMESE
Apocalypse now
Japan Times Sunday, April 29, 2007
By MARK SCHREIBER
Shukan Kinyobi (April 20)

http://search.japantimes.co.jp/cgi-bin/fd20070429t2.html
Courtesy of Steve Silver

For 22-year-old Thi Kim Lien, Japan was the shining city on the hill, glistening with the promise of a better life for her family of 10 in Ho Chi Minh City. Buoyed by such hopes, she arrived in Japan in 2004.

On March 27, Shukan Kinyobi reports, Lien and five of her Vietnamese compatriots filed charges in the Nagoya District Court against the Japan International Training Cooperation Organization (JITCO) and TMC, a Toyoda City-based, vehicle manufacturer that produced components on a subcontractor basis to Toyota Motor Corporation. The six demanded unpaid wages and financial compensation of some 70 million yen.

JITCO arranged to place the six as “trainees” (and later “interns”) at TMC. Their tasks involved stitching the covers onto armrests for use in vehicles produced by nearby Toyota Motor Corporation.

After having their personal seals, bank deposit books and passports taken away for “safekeeping,” the trainees were put to work at a monthly salary of 58,000 yen. They received a paltry 100 yen per hour for additional overtime work.

The six plaintiffs allege that their “training” frequently involved verbal harassment by supervisory staff. Any complaints were met with the threat of deportation, and mistakes on the job brought curses like, “You people aren’t humans, you’re animals.”

The greatest indignity, though, was that the employer posted a table outlining how many times and for how long its workers were permitted to utilize the toilets during work hours, and enforced the rule strictly. For each minute in the toilet in excess of the allotted times, they were docked 15 yen.

Besides being fined for responding to the call of nature, the six women also allege they underwent sexual harassment. One of the bosses, they claim, would “visit” their dormitory rooms at night and even slip into their futons, where he offered certain financial incentives in exchange for sexual favors.

Language training drills heaped further humiliation upon them, as they were encouraged to hone their Japanese pronunciation with such tongue twisters as “When nipples are large, the breasts are small. When the nipples are small, the breasts are large.”

“We really wanted to go back to Vietnam,” Lien says. “But we couldn’t.” It seems the trainees had posted a bond of $ 8,800 — the equivalent of six or more years of earnings in Vietnam — before leaving. Their families had borrowed to scrape together the money, which would be forfeited if they failed to fulfill their contractual obligations.

Truly, opines Shukan Kinyobi, this is a form of modern-day slavery that enables Japan to “abduct” Vietnamese.

According to TMC’s chairman Masaru Morihei, an organization called the Toyoda Technical Exchange Cooperative, comprised of 20 businesses, promoted the hiring of Vietnamese.

“We were told we could obtain low-cost labor that would address the problem of worker shortages,” he explains. “From the standpoint of a subcontractor factory at the bottom of the cost structure there was no reason for us to reject low-cost labor.”

Other firms in the area that employ Vietnamese trainees were reluctant to discuss the ongoing lawsuit. But one remarked off the record, “The only way for small subcontractors like us to survive is to hold the line on the cost of manufacturing by reducing labor costs.”

So what it comes down to is that the foreign workers who are helping to support a trillion-yen industry get penalized for responding to the call of nature. If that isn’t disgusting, huffs Shukan Kinyobi, what is?
ENDS

J Today on NJ workers, unions, NOVA, and job security in Japan

mytest

Hi Blog. Interesting article on job security in Japan and what unions can do to help. In light of the recent NOVA eikaiwa labor market earthquakes (not to mention pretty lousy job security in Japan for NJ in general–90% of all NJ workers in Japan are on term-limited contracts, according to the National Union of General Workers), it’s a decent roundup.

The title is a bit misleading–makes it sound as if unions are to blame for the mixed results. Not really the article’s tack.

And I encourage everyone in Japan who is NJ to join a union. I have. Lose the allergy and the visions of George Meany and Jimmy Hoffa, and realize it’s the only recourse you have in Japan to get your labor rights enforced. All other measures, as I have written in the past, be they the courts, the ministries, even the laws as written themselves, will not help you in a labor dispute. Especially if you are a NJ. Labor rights have been severely weakened over the past two decades, and the sooner you understand that and take appropriate measures, the more secure life you’re going to have in Japan.

Arudou Debito in Sapporo

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Foreign workers get mixed results from joining unions in Japan
By Oscar Johnson
Japan Today Feature Friday, September 28, 2007

http://www.japantoday.com/jp/feature/1293
Courtesy of Guregu

TOKYO —For many foreign workers in Japan, joining a labor union is hardly a priority. But just as Nova language school — the country’s largest employer of foreigners — has taken heat recently for illegal dealings with customers and not paying wages, its ongoing row with unions has been gaining scrutiny. For some, the issue calls into question the very viability of unions; for others, it confirms the need.

“If workers don’t join a union, there’s only one certainty: things will not change,” says Bob Tench, vice president of the Kanto branch of the National Union of General Workers’ Nova Union. “If they do, I can’t say for certain things will change, but there’s a chance.”

Tench speaks from experience. For years, his union has sparred with Nova over pension insurance, long-term contracts and other issues. “We haven’t gotten one demand,” he says. “The company has given nothing — zero.”

Indeed, there’s little incentive for companies like Nova, which did not respond to questions for this article, to publicly discuss its labor disputes. Unions, for their part, uniformly decline to reveal membership numbers, for fear of showing their hand to management. The relationship between the two is not always contentious, but in Japan the situation is hindered by a tendency to view foreign workers only as transitory, says Louis Carlet, deputy general secretary of the National Union of General Workers Tokyo Nambu (NUGW).

“The biggest issue we deal with is job security — dismissals, contract non-renewals and shaky contracts,” Carlet says. The typical one-year work agreement, he adds, can leave foreign employees in a state of limbo, fearing arbitrary non-renewals — a concept alien to most Japanese workers. Carlet admits that foreigners are often paid more than Japanese, but says there’s a tradeoff in job security and benefits, including unemployment and health insurance, that are needed by permanent residents. “One of our biggest goals is to achieve permanent employment status for foreign workers,” he says. “Right now, they’re regarded as what’s called `perma-temp’ (permanently temporary) workers.”

NUGW boasts about 65 workplace branches, and it has 200 more members at companies without on-site branches. Approximately 20% of its 2,600 members are foreigners, and 80% of those are teachers; another 10% work for newspapers. NUGW, whose foreign members are mostly from Western countries, is one of the Tokyo area’s few general unions with a large non-Japanese representation. Others, such as Zentoitsu Workers Union and Kanagawa City Union, have significant Central Asian, African and Brazilian members. Both unions put a priority on such issues as workplace safety and help with visas.

“If there’s a union branch, members can choose demands and submit them to management,” Carlet says. “We can help individuals, but it’s much more difficult. We can collective-bargain, but management sees one person as simply causing a problem. Often we tell them to come back with one or two of their coworkers.”

On the topic of Nova, Carlet and other union officials say that as Japan’s largest English language school, it sets the industry standard — for better or for worse. And these days, many agree, it’s the latter. After attempting to negotiate with the English school and even organizing strikes, NUGW Nova Union last year filed a suit with the Tokyo Labor Relations Board, and is now awaiting a verdict that Tench says could force Nova to negotiate more amiably. But that’s likely the least of the company’s concerns.

In April, the same month that Nova posted a net loss of 2.5 billion yen for fiscal 2006, it lost a Supreme Court decision in a lawsuit filed by a former student who was bilked out of a refund after canceling his contract for English lessons. By June, the Ministry of Economy, Trade and Industry slapped the firm with an unprecedented six-month ban on signing new long-term customer contracts after determining such practices were routine. The ministry cited other violations, including misleading advertising, according to media reports.

In response, the Health, Labor and Welfare Ministry yanked job-training subsidies for Nova language courses. And this month, as the school mulled over issuing new shares to stay afloat, the French financial group BNP Paribas unloaded its 11.85% stake in the company for 30 yen a share — 41 yen less than it paid for them, according to media reports. Recent revelations of shady business practices may be the source of Nova’s current woes, but some say they mirror labor practices its unions have been fighting for years.

NUGW Nova Union and its sister organization in Kansai were founded in 1993 following a dispute over random drug testing of Nova employees, a policy that was established after two instructors were arrested for drug possession. The Osaka Bar Association, whose decisions carry significant weight but are non-binding, ruled that the policy discriminated against foreign staff and violated their right to privacy. The association made a similar ruling against a Nova policy barring teachers from socializing with students outside of school in 2004, and the following year Nova settled out of court with one teacher after trying to enforce the policy. Yet both rules reportedly remain in place to this day.

“If a company doesn’t treat its workers fairly, then it will do the same to its customers,” says Tench. “Management at many companies resist improving working conditions, which seems to me to be an extraordinarily stupid thing for any company to do.” Despite such grievances, Tench and Dan Bain, an executive officer of the Osaka-based General Union, say they now worry about Nova’s future —especially after the chain announced last week that it may shutter 200 of its 900 schools. “Our concern is where the company is going — whether we’ll be able to keep our jobs,” he says. “One thing we’re looking at is possibly petitioning the government. That six-month suspension of new costumer contracts is not just penalizing the company but also teachers; some 5,000 staff could be out of work.”

Berlitz also under fire

Other English language school unions, however, say they have been more successful. Catherine Campbell is president of Berlitz Union NUGW (or BEGUNTO), which is lauded by many longtime members. “Currently, we are in dispute to see some of the profits Berlitz has been making reflected in the working conditions,” she said on a recent afternoon after passing out leaflets to passersby. “We’ve seen a steady decline in work conditions. The company introduces new contracts, and what we see is the newer people making a lot less money for the same work that people under older contracts are doing.” (Michael Mullen, a Berlitz human resources manager in Tokyo, said he or others at the company would not comment on unions for this article.)

Campbell is optimistic about union efforts, citing past successes. “In 2004, the company had a bad year, so it announced that teacher salaries would be frozen. The union didn’t accept that, so we went on strike and the company agreed to pay increases.” She also notes smaller victories, such as a dispute over a closet-size teachers’ room at one school, which led to Berlitz agreeing to consider teacher input when making renovations and choosing facilities. But not everyone is so upbeat.

Mark Jennings is a Berlitz Teacher and founding member of BEGUNTO who once held a series of executive posts in the union. After being actively involved with the group for much of his two decades in Japan, he had an epiphany: “I resigned because I finally figured out that NUGW is just a scam. I think unions in Japan are not serious and are not meant to be. NUGW keeps active just enough to maintain credibility.”

Jennings says unions are just an extension of management, more interested in collecting dues than creating change. Teachers have been fired for joining NUGW, yet the group took no real action, he says, and teachers have not had a base-pay raise since 1993, which indicates the union’s passive approach to collective bargaining.

Carlet, whose job as deputy general secretary pays 250,000 yen a month — less, he adds, than many of the members he works for — says union policy and how aggressive to be with management is decided by the members themselves. As proof of successful negotiations, he points to unemployment insurance for teachers at Nova and most other eikaiwa, which was a right won by the union. “If you have a problem with the union,” Carlet says, “then join it and change it.” It’s similar to the challange unions make regarding the workplace.

That’s a call that Mark Goldsmith, a copy editor for The Japan Times, heeded more than once — with mixed results. A former BEGUNTO member, Goldsmith moved on to the Daily Yomiuri in 1999, where he used his contacts to help start NUGW’s Daily Yomiuri Workers Union branch.

“After being there a few months and seeing the conditions, I asked if others were interested in starting a union, and there was considerable interest, especially among foreigners,” he says. The union was able to get late-shift payments and curtail indefinite “trial-period” contracts that excluded staff from health insurance, pension and unemployment benefits, Goldsmith and other sources say.

Asahi Shimbun used union-busting tactics

“It was stressful at first, but at least it wasn’t the union-busting tactics used by Asahi,” he says of his next job. As a copy editor at the International Herald Tribune/Asahi Shimbun, Goldsmith says he didn’t plan to start a union. Yet in 2002, he found himself right in the thick of another battle. “I thought Asahi, being a liberal paper, would be labor-friendly. I had no idea they had Japanese writers and translators being paid as freelancers that were required to be there the same hours as regular workers.”

Although Goldsmith and others managed to form the IHT/Asahi Employees Union branch of NUGW, collective bargaining proved fruitless. The last union member at the paper resigned after three remaining co-members refused to sign contracts that would have resulted in termination after five years. The three are now appealing a lawsuit they lost against the company.

Firms such as Asahi and Yomiuri have their own unions, but if they are open to all workers, Goldsmith, Carlet and others say, they’re unlikely to challenge management, much less stand up for a minority of disadvantaged coworkers. It leaves some feeling that the only option is to organize, which is not without its challenges — especially in the English conversation school industry.

“We like to say unionizing ALTs is like herding cats,” Carlet says. “They’re so scattered around that they never see each other.” Scant Japanese-language skills also put an undue burden on unions attempting to address foreign-worker issues. “Most foreigners in Japan are illiterate — they can’t read the rules and laws. I spend a lot of time translating affidavits and interpreting.” Carlet even jokes that the best thing about his 15-hour-a- week kidney dialysis treatments is that it forces him to rest. “Before dialysis, I used to work morning to night.”

Then there are the fence-sitters. “One of the most frustrating things,” says BEGUNTO’s Campbell, “is people say one of the reasons they joined Berlitz is because of the union, but they haven’t gotten around to joining. Some don’t want to spend 2,500 yen a month on union dues, and others say, `I don’t know how long I’m going to stay.'”

Tench of the Nova Union argues that many mistake the collective benefits of union membership with self-interest when weighing whether to join. “The reason a lot of foreign workers in Japan are not interested in joining unions — especially in the eikaiwa industry,” he says, “is they are not committed to the job and they’re not committed to the country.”

Signing up

If you are interested in joining a union or learning more about labor issues in Japan, check out the following organizations.

National Union of General Workers — Tokyo Nambu (NUGW)5-17-7 Shinbashi, Minato-ku. Tel: 03-3434-0669. Email: info@nambufwc.org. http://nambufwc.org

NUGW — Nova Union Branch Can be contacted via NUGW in Tokyo.

General Union — Osaka OfficeTel: 06-6352-9619. union@generalunion.org, http://www.generalunion.org

General Union — Nova branchCan be contacted via General Union in Osaka. http://www.generalunion.org/nova

Berlitz General Union Tokyo (BEGUNTO) Can be contacted via NUGW in Tokyo.

General Union Berlitz Branch (BEGUN) Can be contacted via General Union in Osaka.

IHT/Asahi Employees Union (NUGW branch) Can be contacted via NUGW in Tokyo. webmaster@iht-asahiunion.com, http://www.iht-asahiunion.com

Zentoitsu Workers Union http://www.zwu.or.jp (Japanese)

Kanagawa City Union http://www1.ocn.ne.jp/~kcunion (Japanese)

September 28, 2007
ENDS

Japan Today/Kyodo: Japan remains haven for parental abductors

mytest

Hi Blog. Another article cataloging the nastiness that occurs when Japan will neither allow joint custody of children after divorce (meaning one parent usually just disappears from a child’s life), nor sign the Hague Convention on Child Abductions (which in international marriages encourages Japanese to abscond with their kids back to Japan, never to return). More on this phenomenon at the Children’s Rights Network Japan site at http://www.crnjapan.com

I’m personally interested in this issue, as I too have not seen one of my children since Summer 2004, and am involved in the production of a movie talking about the Murray Wood Case. More on that in a future blog entry when the directors are good and ready for publicity.

The article below, by the way, disappeared from the Japan Today archives not three days after it appeared, oddly enough. I managed to retrieve it through a search engine cache. This is why I blog whole articles on Debito.org–to make sure information doesn’t just disappear. Enjoy. Arudou Debito in Sapporo

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Japan remains haven for parental abductors
September 25, 2007, Japan Today/Kyodo News
By Alison Brady

Courtesy http://www.japantoday.com/jp/feature/1287

LOS ANGELES — More than a year has passed since Melissa Braden was abducted to Japan by her mother, Ryoko Uchiyama. Brokenhearted and fearful, her father, Los Angeles resident Patrick Braden, prays for the day when he will see his daughter again.

Unlike in many cases of abducted children, there is little mystery about Melissa’s location. Braden is nearly 100% certain of his daughter’s whereabouts in Japan. But there is nothing he or the U.S. government can do to get her back.

On March 8, 2006, after months of custody proceedings, Los Angeles Superior Court Commissioner Gretchen Taylor ordered that Melissa’s passport, which Uchiyama had obtained, be turned over to Braden to prevent Uchiyama from fleeing with the child.

For the next eight days, Braden’s attorney fought Uchiyama’s to recover the passport, but to no avail. On March 16, they were gone.

The FBI issued an arrest warrant for Uchiyama within days of her departure. The FBI said she had committed a federal offense by fleeing the country to avoid prosecution.

But once on Japanese soil, Uchiyama was out of reach of U.S. law enforcement agencies. What is more, an injunction filed within hours of her arrival in Japan prevents Braden from following his former girlfriend to locate and negotiate the return of his daughter.

Experts identify several factors in Japan that have created a haven for parents who kidnap. First, Japan is not party to the Hague Convention on the Civil Aspects of International Child Abduction, a civil legal mechanism to deter parents from abducting their children to other countries.

More than 75 countries worldwide have [e]ffected the treaty, thereby agreeing to return any child abducted from his or her country of habitual residence to a party country in violation of the left-behind parent’s custodial rights, according to the U.S. Department of State website.

Another factor is that parental kidnapping is not considered a crime under Japanese law and Japan refuses to extradite parents who have kidnapped their own children and face arrest in other countries.

Japanese Ministry of Health, Labor and Welfare statistics show that since 1976, the time of the Hague treaty’s inception, the rate of marriage between Japanese nationals and foreign spouses has increased more than 800%.

As a result of the increasing number of international marriages, more than 21,000 children are born each year in Japan to couples of mixed Japanese and non-Japanese descent. Add to that the number of children born to Japanese who live abroad and are married to a non-Japanese.

What becomes of these bi-national children when the parents separate or divorce?

Cases like Melissa Braden’s are not uncommon. If the breakup occurs in Japan with custody proceedings taken to Japanese family court, foreign parents must battle what critics call a one-sided and often discriminatory system that almost never awards foreign parents custody of their children.

“An American parent in Japan may not be awarded any visitation rights at all in a divorce action,” explains a U.S. government official at the U.S. Embassy in Tokyo.

Even if custody is awarded to a foreign parent in Japan, there is little means of enforcing such a court order as Japanese police rarely get involved in family cases, says Colin Jones, a professor at Doshisha University Law School in Kyoto.

Walter Benda, 50, a publisher living in Virginia, spent more than a decade and $100,000 trying to gain visitation rights to his two daughters after his wife disappeared with them in 1995 from their home in Funabashi, Chiba Prefecture.

“I’ve tried every legal avenue available to me in Japan,” Benda told Kyodo News by phone. “I’ve gone to the Supreme Court with my case twice seeking visitation rights, partial custody rights, or any sort of way to see my children and I have not even had one scheduled visit with my children in all the legal efforts I’ve undertaken in Japan.”

“The police would not do anything,” Benda says, recalling the time his children first went missing. “They basically called my ex-in-laws, and the ex-in-laws said that they didn’t know anything but that they were sure the kids were okay. So, the police said that was good enough from them and they wouldn’t help me anymore beyond that except to say go see a lawyer.”

Benda went on to co-found a support group called the Children’s Rights Council of Japan, or CRCJ, to offer parents like himself a resource in the struggle to see their children again.

Issue ignored by Japanese government

CRCJ’s online group has over 90 members and in recent years the group has organized events in Washington and Tokyo aimed at increasing awareness about an issue the Japanese government has long ignored.

“No one is putting any pressure on the abducting parents right now,” Benda said. “They’re actually kind of being rewarded for their actions. Just by virtue of being born a Japanese citizen or by virtue of having abducted your children to Japan, you’re able to have 100% control of your children and deny contact to every other person…including the father and the extended family.”

There are no exact figures on how many children have been abducted to Japan. The National Center for Missing and Exploited Children reports 46 American children have been kidnapped to Japan since 1995. That number grows considerably when factoring in children of other countries and cases that were either dropped or never reported.

Furthermore, the U.S. government has no record of even a single case in which Japan has agreed to return an abducted child by legal means to the United States.

In an increasingly global society, bi-national children have the potential to be key allies between Japan and other nations. But Japan’s failure to sign the Hague treaty is creating a barrier to good relations.

“People like me, and especially my daughter, we’re the bridge between the two countries,” Braden says, “and that fact that Japan wants to make enemies of us is a very clear demonstration of their lack of foresight on this issue.”

Not everyone believes Japan’s signing the Hague treaty will rectify the child abduction issue.

In an article for the spring 2007 edition of the Whittier Journal of Child and Family Advocacy, Doshisha University’s Jones argues, “…it might even make the situation worse by removing a red flag to judges in foreign countries who might otherwise be inclined to disallow custody or visitation arrangements that involve travel to Japan.”

But that does not deter others from fighting for progress toward Japan signing the treaty. With a growing voice, people like Braden and Benda and the CRCJ have finally begun to be heard by U.S. politicians.

California Sen Dianne Feinstein wrote a letter to Japanese Ambassador Ryozo Kato in Washington in June 2007, imploring him to take action in returning Melissa Braden to her rightful home.

Governor of New Mexico and Democratic presidential candidate Bill Richardson wrote Secretary of State Condoleezza Rice in May of 2007, lamenting that “no progress has yet been made” on the Braden case, and urging her to “pursue this important issue with Japanese Prime Minister Shinzo Abe.”

Asked about Melissa’s case, Kazumi Yamada at the Japanese Foreign Ministry’s First North America Division in Tokyo told Kyodo News, “We are looking into the issue and attaching priority on the welfare of the child.”

“With regard to The Hague…we are still looking at the Convention to determine what our position will be,” she added.

The longer these children are kept from their non-Japanese mothers and fathers, the more likely their welfare is to be jeopardized.

Often fed lies about the left-behind parent and kept from school and regular socialization with other children because the abducting parent is afraid of being caught, children abducted by one of their own parents are likely to suffer deep developmental and emotional scars.

“It is very clear that the position that Japan takes is bad for the children. Bad for families. Bad for all people,” Braden says.

September 25, 2007, Japan Today/Kyodo News
ENDS

Next Valentine Lawsuit Hearing Tuesday Sept 25

mytest

Hi Blog. Just received this from Valentine:

Dear Debito.
Please, kindly remind your bloggers about the date for my court attendance. 25th Tuesday September, 2007 at the Tokyo High Court, Kasumigaseki. by 1.30pm 8 floor Rm 808. Thanks, Valentine

Attend if you like. More on the Valentine Lawsuit, where he was denied medical treatment for a broken leg while being interrogated by police (and is now crippled), and then the lower court exonerated the police of any respnsiblity on extremely flimsy grounds, at https://www.debito.org/valentinelawsuit.html

Debito in Sapporo

「川崎W女児いじめ裁判」傍聴参加のお願い

mytest

Next hearing for the Kawasaki Schoolgirl Ijime Lawsuit–where a Japanese grade schooler was bullied for having Chinese roots and was afterwards diagnosed with PTSD, will be September 20, 4:30 PM, at Yokohama District Court, Kawasaki Branch. Details in Japanese from their support group below. Arudou Debito

「川崎W女児いじめ裁判」傍聴参加のお願い
2007年9月11日

拝啓
猛暑の時季は通り越したものの、まだまだ厳しい残暑が続いておりますが、「裁判を支える会」の皆様におかれましてはますますご健勝にてご活躍のことと思います。 「川崎W女児いじめ裁判」の支援につきましては、日頃大変お世話になっております。
さて、来る9月20日(木) に開廷されます第13回公判では、最終弁論として原告、被告双方のすべての主張を記載した陳述書類が裁判官に提出され、裁判所の裁定を待つことになります。
原告側では日夜全精力を傾注し、最終弁論の書類作成に取り組んでおります。「裁判を支える会」でも、有志で結成した「精読会」メンバーにより、これまでの被告答弁書・準備書面に対する反対尋問案を作成し、原告に提供するなどの活動を行ってまいりましたが、このたび「いじめ裁判」のホームページを開設すべく準備を進めております。開設時にはあらためて皆様に閲覧のご案内をさせていただきます。
9月20日の公判では裁判官への書類の提出が主となりますが、ひとりでも多くの支援者が公判傍聴に参加していただくことにより、原告を励まし、あくまでも「いじめはなかった」と主張する被告に精神的な圧力を与えるものと思います。日頃ご支援を頂いております皆様の9月20日公判の傍聴を是非お願い致します。
敬具

― 第13回公判のご案内 ―

(1) 日時: 2007年9月20日(木)
(2) 開廷: 午後4時30分
(3) 閉廷: 午後5時(予定)
(4) 場所: 横浜地裁川崎支部第一法廷

* 傍聴終了後、原告を励ます支援者懇親会(参加は任意)を予定しております。
川崎W女児いじめ裁判を支える会
ENDS

Japan Times Aug 14 on Valentine Case, plus new JT column Aug 28

mytest

Hi Blog. About to jump on my bicycle again for a few days and catch the tail-end of the Hokkaido summer, but here’s a link to a Japan Times article on the Valentine Case, which came out shortly before my last cycle trip.

Japan Times column: “ABUSE, RACISM, LOST EVIDENCE DENY JUSTICE IN VALENTINE CASE: Nigerian’s ordeal shows that different standards apply for foreigners in court” (August 14, 2007).

Column 37 for the Japan Times Community Page
Courtesy http://search.japantimes.co.jp/cgi-bin/fl20070814zg.html
More information and documentation on this case at https://www.debito.org/valentinelawsuit.html

Excerpt:
===============================
In 1999, a Brazilian resident of Japan named Milton Higaki was involved in an accident that killed a schoolgirl. Rather than face justice in Japan, he fled to Brazil fearing “discrimination as a foreigner in Japanese courts.”

Although the domestic media quickly saw this as a case of crooked-foreigner-as-flight-risk, human rights attorney Yasuko Morioka took a more nuanced view, criticizing Japan’s “lack of legal hearings that consider the rights of foreign(ers).”

While fleeing from justice is not to be condoned, cases like Higaki’s are more understandable considering the increasing awareness of the scarier aspects of Japan’s judicial system.

Not only is the United Nations aware of the potential for torture in Japan’s prisons (more below), but courts here also tend to use different judicial standards when coming to decisions in cases involving non-Japanese.

Consider the Valentine case…
===============================

Webbed with links to original sources on Debito.org at https://www.debito.org/japantimes081407.html Original blog report on this case at https://www.debito.org/?p=497

Meanwhile, next Tuesday, August 28 (Wednesday in the provinces) will see my next column coming out in the Japan Times Community Page, on how NJ are being blamed for just about anything these days, and how that adversely affects any possible assimilation.

Enjoy. Arudou Debito in Sapporo

レポート:イドゥボ逮捕と物的証拠なき半年拘留事件

mytest

 皆様こんにちは。Debito.orgの有道 出人です。たいへんご無沙汰しております。

 猛暑日のなか、この事件を申し上げることは恐縮ですが、報告を送信します。これは物的証拠がなくても拘留して迅速な裁判にしてもらう権利を問う事件です。

イドゥボ・オサユワメン,準強姦被告事件
iduborphotocrop1.jpg
 2007年1月22日、本日からちょうど7ヶ月前、横浜市で飲食店を経営しているナイジリア国籍のイドゥボ氏は加賀町警察に逮捕されました。容疑は、2006年11月1日に当飲食店にて酩酊している日本人女性が彼にレイプされたという訴えでした。イドゥボの弁護士津留崎基行(つるさきもとゆき)によると、「平成19年1月22日に準強姦罪で逮捕され,平成19年2月9日に準強姦罪で起訴されました。上記逮捕とそれに引き続く拘留により平成19年5月11日まで加賀町警察署に留置されていましたが,同日,横浜拘置支所に移監になり,現在も同所において留置されています。当職は,平成19年5月21日付けで保釈の請求をいたしましたが,却下されました。」物的証拠がないというものの、イドゥボ氏は未だに拘留されている。筋によると、一つの理由は外国人容疑者の場合、「海外に逃亡する可能性がある」と刑事裁判官が思われているかもしれません。

 アムネスティ・インタナショナルからの紹介で、私はイドゥボ氏の妻(ポランド国籍)から連絡をいただき、彼女は彼の健康状態について大変心配しております。半年以上拘留された結果、彼の頭皮に蕁麻疹が発生し脱毛となり、耳からも血が出ています。にもかかわらず、適切な看病や病院へのアクセスが拒否されているようです。

 (実は、これはバレンタイン裁判と同様です。03年、ナイジリア出身のバレンタイン氏は警察に足が折られたと主張したものの、警察署は10日間の留置で適切な医療行為を拒否して、保釈した本人は現在に至り有害者となりました。損害賠償を要請したバレンタイン氏は東京地裁に今年3月に却下され、現在控訴中。高裁判決全文、警察署の陳述と私が書いたジャパンタイムズの記事はhttps://www.debito.org/valentinelawsuit.html。ちなみに、国連の反拷問委員会が本年5月に発行した日本に対する留置中の「拷問に等しい待遇」についての批判はhttps://www.debito.org/?p=415)

 イドゥボ氏の弁護士からのメモを全文転送させていただきます。問い合わせ、ご取材などをどうぞ津留崎弁護士に直接ご連絡下さい。次回の裁判期日は9月3日(月)14:30〜午後5時です。宜しくお願い致します。有道 出人

////////////////////////////////

〒231-0011
神奈川県横浜市中区太田町1-20三和ビル4A
つるさき法律事務所   弁護士 津留_ 基行
TEL:045-663-6874 / FAX:045-663-6895
email: tsurusaki AT tsuruhou DOT com

被告人イドゥボ・オサユワメン,準強姦被告事件の不合理な点

1 裁判で争われている公訴事実
 平成18年11月1日午前6時30分ころから同日午前9時30分ころまでの間に,飲食店店長であった被告人が,酩酊して抵抗不能な状態になっている客の女性を姦淫したというもの(準強姦)。

2 証拠の概況
 かかる強姦の事実があったことを示す物的な証拠は全くないと言っても過言ではなく,被害者の女性の供述がほぼ唯一の証拠となっている。

 もちろん,被告人は強姦の事実は否定しており,姦淫の事実すらないと述べている。

 ところが,被害者の女性の供述は以下の通り極めて不合理な点が多い。

3 被害者女性による供述の不合理な点
 被害者女性は複数の供述調書を残し,かつ公判廷でも証人として証言したが,供述する度に供述内容が変遷しており一貫していない。

 例えば,被害者女性は店の中でテキーラの一気飲みを3回したと供述しているが,最初の1杯を飲んだときに酔いが回って店の中で寝てしまったと供述したこともあれば,3回目に飲むまでは酔っていなかったと供述していることもある。また,レイプされている最中,自分の顔の上に被告人の顔があったと供述したこともあれば,被告人の顔は見えなかったと供述していることもある。

 また,被害者女性の供述は,客観的証拠とも合致していない点がある。

 例えば,被害者女性は被害に遭った後,パンティーに血がにじんでいたと供述しているが,証拠として提出されているパンティーの写真には血は付着していない。また,被害者女性は被告人に店舗の床の上で引きずられたと供述しているが,証拠として提出されている着衣の写真は全く汚れていない。

 その他,被害者の供述は,その供述内容自体が不自然である点が多い。

 例えば,被害者は,強姦の際に抵抗できないほど酔っていたと供述しながら,その直後に床上を這って店舗の入り口付近まで進んだと述べ,また,這って動くくらいかできないはずであるのに,その場所で足も届かないような高い椅子に自ら腰掛けたと述べ,そのようにする力があるにもかかわらず施錠もされていない店舗の外に逃げようともしていない。

 また,強姦の被害に遭った後,強姦した犯人であるはずの被告人の運転する車で友人宅まで送ってもらったと被害者は供述しているが,この点も通常は信じがたいところである。

 また,強姦の様子についても,その所要時間は1,2分程度で,犯人は射精もせずに自発的に姦淫行為を中断したと被害者が供述している点についても,通常は信じがたいところである。

 強姦被害に遭った当日の行動についても,被害者は当日の朝に抵抗できないほど酔った状態で強姦の被害に遭ったと供述しているにもかかわらず,同日の昼には友人の彼氏と2人でレストランに行って食事をとったと供述しており,強姦被害者の行動としては不自然といわざるを得ない。

 以上指摘した他にも,被害者の供述の中には,多数の不合理な点が含まれている。

4 弁護人の考え
 本件に関する証拠を吟味し,被告人との面会を重ねてきた弁護人は,被告人が本件について完全に無罪であることを確信している。

 そこで,是非とも無罪判決を勝ち取りたいと切望している。

5 要請事項
 時折,ニュースにおいて,真実は無実であるにもかかわらず有罪判決を受け,それが後に無罪であることが判明したという事件が報じられることがあるが,このようなケースは氷山の一角である。

 日本の刑事裁判の実態としては,起訴されれば99.9%有罪判決が出されるのが現状であり,どんなに弁護人が無罪を確信し,弁護活動をしたとしてもなかなか無罪判決が出されることはない。

 刑事裁判官の側に立てば,別の見方もありうるが,上のような現状認識が刑事弁護に携わっている多くの弁護士の共通認識であろうと思われる。

 とはいえ,このような現状を打破し,刑事裁判の結果を左右させるために,直接的に担当裁判所に対して政治的な圧力をかけるような行為は,裁判の公正を害する行為であるから慎まなければならない。

 有効なことは,公正な裁判が実現されるのかどうかを多くの人々が見守っているという事実を裁判所に何らかの形で知ってもらうことである。そのような監視の目があることを裁判所が認識すれば,公正な裁判を実現するために裁判所としては拙速を避けて慎重な審理を心がける可能性がある。

 例えば,裁判の傍聴は広く認められた権利であることから,多くの人達が裁判を傍聴することになれば,それによって裁判所も監視の目があることを意識するものと考えられる。

 もしも,次回の裁判期日(平成19年9月3日(月)14:30〜午後5時)に多くの傍聴希望者がいるとすれば,できる限り多くの傍聴人が裁判を傍聴できるように,広い法廷に変更してもらったり,傍聴人用の補助椅子を用意してもらうなどの要求を当職から裁判所に伝えたいと考えている。

平成19年7月6日
以上

Valentine Lawsuit: NPA denies medical treatment to suspect, Tokyo Dist. Court rules testimony invalid due to witness being African

mytest

“WE CAN’T TRUST THE TESTIMONY OF BLACK PEOPLE”
ANOTHER CASE OF JUDICIAL MISCARRIAGE
A NIGERIAN INJURED AND DETAINED IN J POLICE CUSTODY
LOSES HIS LAWSUIT AGAINST THE NATIONAL POLICE AGENCY

Report by ARUDOU Debito, Sapporo, Japan
debito@debito.org, https://www.debito.org
Freely forwardable
Released July 15, 2007

Japan Times Community Page article, August 14, 2007, on this case, entitled “Abuse, racism, lost evidence deny justice in Valentine Case”, available here.

This post is organized thusly:
SUMMARY
WHY THIS CASE MATTERS TO DEBITO.ORG
FACTS AND ASSERTIONS OF THE CASE
CONCLUSIONS

////////////////////////////////////////////////////////////
SUMMARY: According to court records, on December 9, 2003, UC Valentine, a Nigerian citizen working in Kabukicho, Shinjuku, Tokyo, was questioned by plain-clothes police on suspicion of violating laws forbidding the distribution of hand-held billets to passersby. Eventually a scuffle ensued in a narrow alley, where a melee of police and touts wound up with an injured Valentine being pinned to the ground by several police. Plaintiff Valentine claims that he was assaulted while being restrained, by a cop who repeatedly kicked Valentine’s leg so hard that it broke below the knee. The police claim that Valentine injured himself, running away and crashing knee-first into an elevated bar sign attached to the alley wall. In any case, Valentine was apprehended and interrogated for ten days, denied hospitalization or adequate medical treatment for the interim. Consequently, his leg injury became so medically traumatized that it required complex hospital operations. To this day Valentine remains physically impaired and in constant pain. In 2005, Valentine sued the NPA for damages and hospital bills totaling 42,937,800 yen in Tokyo District Court, but lost his case on March 29, 2007. Inter alia, the court ruled that not only was a doctor’s expert testimony about Plaintiff’s crippling injuries merely “a sense, not based upon rational grounds”, but also that a witness’s testimony was inadmissible because he is African. Clearly there is an emerging pattern of differing standards for non-Japanese claimants in Japanese courts.

The case is currently on appeal in the Tokyo High Court. First hearing on Tuesday, July 17, 2007, Tokyo Koutou Saibansho 8F, Rm 808, 1:30PM. Attend if you want.
////////////////////////////////////////////////////////////

Heisei 17 (wa) Dai 17658, Tokyo District Court, Civil Court Dai 44-Bu
Plaintiff: UC VALENTINE
Defendant: Tokyo Municipal Government (Tokyo-to), Governor ISHIHARA Shintaro et al.

Tokyo District Court decision full text in Japanese at
https://www.debito.org/valentinelawsuit.html
NPA’s fishy photo testimony of what happened at
https://www.debito.org/valentinelawsuit.html#NPAtestimony
Plaintiff Valentine’s testimony in English
https://www.debito.org/valentinelawsuit.html#etestimony

////////////////////////////////////////////////////////////

WHY THIS CASE MATTERS: Setting aside any “he-said, she-said” doubts about different recall of the facts of the case, both parties agree that Valentine was detained in police custody for ten days without hospitalization. This caused his medical condition to worsen to the point of debilitation. This was not, however, seen by the judiciary as something the police should take any responsibility for.

As far as Debito.org goes, from a judicial standpoint this case is also of great concern due to differing standards for evidence based upon nationality. The judge, when dismissing the case, actually goes so far as to say (page 19) that testimony of a witness for Valentine (who vouches for his version on the police breaking his leg) cannot be trusted because it is “from the Black Community”. To quote:

===============================
“In light of the fact that the witness has been acquainted with the Plaintiff , visiting him in hospital after his leg was broken, and is a friend of quite some closeness, and the fact that they associated with each other within the Black Community in Kabukichou, witness Francis’s testimony as an eyewitness account is not something we can see as having objectivity, and as such cannot possibly believe.”

“shounin wa, juuzen kara genkoku to menshiki ga ari, honken kossetsu go mo genkoku o byouin wo mimatteiru nado kanari shitashii koto ga ukagatteiru yuujin de ari, kabukichou no kokujin no komyunitei no nakama de atta koto tou o terasu to, shounin Furanshisu no kyoujutsu wa, mokugeki shougen to shite kyakkansei o yuusuru mono to wa iezu, kono mama shinyou suru toutei dekinai”
https://www.debito.org/valentinelawsuit.html#19
===============================

Hm, try disqualifying a person’s testimony because he’s a member of a Black Community (not to mention because he is a friend who visits the Plaintiff in hospital), and see how that gets you in the judiciary of most of the world’s other developed countries. Moreover, the accounts of other police officers are not similarly called into doubt for having too much closeness in their own “community”.

I’ve seen this sort of thing before. Check out the cracked judge in the McGowan Case of 2006, where the Plaintiff (an African-American) was refused entry by an eyeglass shop expressly because the shopkeep “hates black people”. There, Osaka District Court Judge Saga Yoshifumi ruled against the gaijin there too. Inter alia, McGowan and his Japanese wife’s eyewitness accounts were deemed insufficient due to an alleged language barrier. Full details on that case (starting with a Japan Times article) at
https://www.debito.org/mcgowanhanketsu.html#japantimesfeb7

In this case, presiding Judge Sugiyama et al go one better, and say that because they are black they are thick as thieves…

It’s one of the reasons we are seeing cases of suspects escaping overseas because they believe they’re going to get a raw deal in a Japanese court due to their foreignness.
https://www.debito.org/?p=361

I have no sympathy for wanted criminals, of course, but neither the McGowan nor the Valentine Cases are criminal cases. And still they got raw deals–court defeats. Due to a different set of judicial standards applied to foreigners than to Japanese. Adding these cases to the collection.

////////////////////////////////////////////////////////////

FACTS AND ASSERTIONS OF THE CASE
(based upon the court decision and with Valentine’s claims)

On December 9, 2003, UC Valentine (born 1972 and married to a Japanese from 2002) was working his shift as a show club distributing pamphlets to potential clients. In the early evening, he was approached by two plain-clothes officers who appeared to Valentine to be customers (Valentine asserts that they did not identify themselves as police until a melee ensued).

Minutes later, in a narrow alleyway close to the show club, other members of the Black Community shouted repeatedly to Valentine, “Leave them!”, apparently aware that they were either police or yakuza. What happens next depends on the side of the courtroom you’re sitting, but in any case, due either to panic (Valentine) or guilt (police), Valentine fled, then found himself being restrained by three cops on the ground in the alleyway. He was arrested on suspicion of violating the Entertainment and Amusement Trades Control Act (Fuueihou) Art. 22 Sec. 1 for distributing nightlife pamphlets on the street.

Somewhere in this scuffle Valentine’s right leg was broken below the knee. Valentine’s version (as was his eyewitness’s, unfortunately Black) is that a police officer named Tanabu kicked him several times in the knee, even while the former was being restrained by two other cops. The cops say (in photo-reenacted evidence shown to me in person by Valentine and his wife on April 26, 2007, and scanned at Debito.org at https://www.debito.org/valentinelawsuit.html#kneebash) that when Valentine fled, he crashed into a metal sign (jutting out in a triangle from the wall) knee first, breaking his leg.

valentineNPAreport004.jpg
valentineNPAreport0052.jpg

What’s fishy about this story is when you look at the photograph, the sign is actually on a wall 23 cms high, with a sidewalk below it showing a raised curb and two steps. Valentine was nimble enough to avoid tripping over three steps, but somehow not nimble enough to avoid the sign. When you consider that this happened on a December 9 around 8PM, when the sign is likely to be lit and the steps in shadow, it is odd that the more visible object is the thing Valentine allegedly crashed into.

Also odd is that if he crashed into the sign knee-first, it should have broken his knee, not the bone below his knee. However, the police apparently confiscated Valentine’s pants for analysis, and after some time finally returned them with no report on whether or not there were traces of footprint.

Valentine was held in police custody between December 9 and 19, 2003, and, despite being put into a cast, given no access to a hospital. According to his testimony (https://www.debito.org/valentinelawsuit.html#etestimony), he claims that police interrogation involved quid pro quos–access to painkillers and his wife in exchange for signing documents, one a statement stating inter alia that the police did not injure him. On Day 10 of his interrogation, once the clause about injury was eliminated, Valentine signed and was turned over to Immigration, who called an ambulance and hospitalized him at Ebara Byouin, Tokyo, immediately. His leg was apparently busted up so badly (a case the doctor who treated him, whose testimony was entered into the court record (page 17 (i)), said he had never seen the likes of before) that it required rib bone transferal to the area at great time and expense.

Situations like these in Japanese custody have come under fire in 2007 by the United Nations Committee Against Torture. See
https://www.debito.org/?p=494

////////////////////////////////////////////////////////////

WHY THE COURT REJECTED VALENTINE’S SUIT

In addition to dismissing the eyewitness testimony due to being members of the wrong ethnic community, the decision makes two singularly interesting points, also indicative of this court’s odd standards of evidence:

1) In order for a foreigner to sue the State of Japan, the foreigner’s home country laws must also cover a Japanese in the same situation in that country (page 13 3.1 (1)). I’m not a lawyer, but I would have thought that Japan’s laws apply to everyone equally, including foreign residents, regardless of their country of origin. Fortunately, the judges rule that Valentine’s Nigerian citizenship does not void his ability to sue the State.

2) Despite acknowledging the expertise of Valentine’s examining doctor at Ebara Byouin, the judges dismiss their medical testimony as merely “a sense” (kankaku teki), not “rational grounds” (gouriteki na konkyou–page 17 (i)). The judges even decide (in their somehow professional medical opinion, on page 15 u (a)) that Valentine’s leg didn’t get that much worse while in custody. Then they even judge on their own recognizance (page 16 item e) that Valentine’s bones are strong–so he must have run into that sign pretty hard to hurt himself. After all, shoes, they say, inflict “pinpoint injuries”, and Tanabu’s “rubber shoes” wouldn’t cause the injuries that Valentine suffered (page 16 a (a)). Shoes are apparently incapable of stomping from the heel, I guess.

////////////////////////////////////////////////////////////

CONCLUSIONS

There are other fine points, such as who did what to whom with what, and whether people were running slow or fast, but never mind. The point still remains that Valentine was crippled due to a sustained lack of medical attention, and what kept him from that were the Kabukichou Police.

The responsibility for this is not discussed adequately in the decision (judges assert that an X-ray, a cast, disinfection, and draining blood from the joints performed on the first day of incarceration were somehow medically sufficient (page 22 3 (1) i (a) onwards)–even were the best that could be done in a non-life-threatening situation given the fact that he was in custody. Therefore nothing illegal happened. Regardless of the fact that Valentine still wound up crippled, for reasons his doctor says was due to prolonged medical inattention.

Even if Valentine had not been crippled by the police (instead, say, stabbed in the leg by a criminal), would these dangerously temporary measures still be legal? Quite probably. Which means the NPA’s clear negligence for the welfare of the incarcerated, plus the judiciary’s unwillingness to force them to take responsibility when something goes wrong, is damning evidence of the unaccountability within Japan’s criminal justice system.

Couple that with a court willing to use any pretext possible to discount the victim’s standpoint, including overruling doctors and dismissing testimony by nationality, and you have a police force which, increasingly clearly, can deal with foreigners any way they like with impunity.

Arudou Debito
Sapporo, Japan
debito@debito.org
https://www.debito.org
July 15, 2007
REPORT ON VALENTINE LAWSUIT ENDS

Asian Pacific Law Journal on Japan as haven for parental child abduction.

mytest

Hi Blog. I included this as part of my previous newsletter on Japan’s judiciary, but it warrants a blog entry all its own. Don’t want it to get buried.

From Mark at Children’s Rights Network Japan. Debito

==================================

I would like to tell everyone about a new law journal article about Japanese family law that is now available. It’s written by a law professor in Japan who himself has been through the family court system all the way up to the Supreme Court.

First sentence: “Japan is a haven for parental child abduction.”

Need I say more? If you are married to a Japanese partner and have children, its a must read, even at 100 pages. Look for it here:

http://www.hawaii.edu/aplpj/

IN THE BEST INTERESTS OF THE COURT: WHAT AMERICAN LAWYERS NEED TO KNOW ABOUT
CHILD CUSTODY AND VISITATION IN JAPAN
Colin P.A. Jones
Asian Pacific Law and Policy Journal
University of Hawaii
Volume 8, Issue 2, Spring 2007.

Happy Reading.
Mark

==================================
ENDS

J Times on labor abuses at Gregory Clark’s Akita International University

mytest

Hi Blog. More labor abuses coming out at Gregory Clark‘s Akita International University (he’s vice president, after all; see his nice welcoming message to the world here). As catalogued yesterday in the Japan Times Community Page. Article also includes some lessons about what you can do about employers of this ilk.

Suggest you stay away from this place if you are looking for a job. More about AIU’s shenanigans at the BLACKLIST OF JAPANESE UNIVERSITIES, with the following entry:

==========================================
NAME OF UNIVERSITY: Akita International University (Private)
LOCATION: 193-2 Okutsubakidai, Yuwa, Tsubakigawa, Akita-City, Akita

EMPLOYMENT ABUSE: Despite wanting PhDs (or the equivalent) for faculty, AIU offers 3-year contracted positions with no mention of any possibility of tenure, plus a heavy workload (10 to 15 hours per week, which means the latter amounts to 10 koma class periods), a four-month probationary period, no retirement pay, and job evaluations of allegedly questionable aims. In other words, conditions that are in no visible way different from any other gaijin-contracting “non-international university” in Japan. Except for the lack of retirement pay.

SOURCE OF INFORMATION: Job advertisement in the Chronicle of Higher Education, dated September 2, 2006. http://chronicle.com/jobs/id.php?id=0000469416-01 (click here to read text if previous link is obsolete). Other unofficial sources of dissent available on the Chronicle’s forums (links may obsolesce, and their contents are completely independent of the Blacklist) at http://chronicle.com/forums/index.php?topic=28632.0
==========================================

Now for the expose in the Japan Times. Debito in Sapporo

==========================================

THE ZEIT GIST
Wronged employees seek redress through mediation
Prefectural labor boards offer cheap alternative to suing in work disputes
By MICHAEL KITAMURA
Special to The Japan Times, Tuesday, July 10, 2007

http://search.japantimes.co.jp/cgi-bin/fl20070710zg.html

Imagine you feel wronged by your employer and find simply sharing your work woes with friends and chat groups inadequate. You want compensation and acknowledgment that your employer acted unjustly.

Suing is not your only option. Prefectural labor boards may hear your case and bring your employer in for reconciliation.

A few years ago I was given a pay cut at my last university for political reasons. I had asked the university president, in a one-page private letter, to consider replacing the Hinomaru Japanese flag flying in front of the university with an Earth flag, partly because the university was always squawking about how international they are, and partly because faculty were invited to share any ideas and concerns with our “open-minded” president. So when he told me the reasons for a 10-percent pay cut included my opposition to the Iraq war, and the “flag letter,” and ended my evaluation meeting wagging his finger saying, “You should love the Japanese flag,” I was shocked, but didn’t know where to turn. Suing seemed a long shot.

Two years later this same president made a dramatic declaration to the faculty, informing us that none of our renewable contracts would be renewed. Instead, we would have to reapply and fight for our jobs via open recruitment.

However, what we didn’t know then was that the directors and several favored faculty members had been “blown kisses” — promised jobs and told to keep the fact secret. When the dust settled, 12 faculty members had just reason to seek compensation for breach of contract, out of whom 10 banded together — all nonunion foreigners — to speak with a local union rep.

Foreigners tend to scatter after losing their jobs, and we were no exception. Of the 10, only three planned to remain in Japan, making legal action even more impractical. And, while unemployed, who would have the resources for legal fees? Thus, I looked at speaking with the union rep more as a counseling session, to have someone knowledgeable listen and give a viewpoint, and perhaps sympathize. Some of the “winners” at my university, for example, implied there had been no breach of contract. Were we exaggerating the injustice?

After listening carefully, however, the union representative flatly stated, “That’s illegal.” Then, even more encouragingly, he told us about a course of action that didn’t involve any lawyers or fees at all: Meetings with a prefectural labor board that could lead to “assen,” meaning mediation or reconciliation.

The first step, which could not be skipped despite the futility of it, was to hold direct talks with the university. It was decided, with the help of the union and labor board, to submit a “yokyu isharyo” (demand or request for compensation) for 5 million yen per person for financial damages endured due to breach of contract.

Then, three dismissed faculty members and two union representatives met with four university staff. When they denied there was any connection between evaluation and renewal — a key point of our dispute — we learned what an uphill struggle we faced.

At the same time, we had concurrently been meeting with the prefectural labor board, because they realized time was limited until we’d have to move from the area. After the university refused to pay at our second meeting — which was predictable — the labor board heard more details. For example, when one faculty member with a doctorate in a Japan-specific field and glowing evaluations asked for the reason for her dismissal/nonrenewal, she was told by the president, “You’ve been in Japan too long.”

The board, in addition to hearing such testimony, also read documents, from contracts to memos, that belied the university’s claims, and led them to decide there was just cause to pursue “assen.”

Four respected members of the community — a corporation president, a university professor, a labor representative, and the head, a lawyer — served as judges to hear both sides of our dispute and suggest a compromise.

A key point to note about the process is that it’s not binding. At any point either party can simply withdraw. That being said, the labor board informed us that the mediators succeeded in solving 80 percent of the labor disputes they heard. Furthermore, the labor rep noted that a university is under tremendous pressure to comply with the decision of an independent third party — especially since the authority behind the mediation process was, in our case, the prefecture, which had bankrolled the university when it opened.

The mediation process is designed to avoid huge winners and losers, so we knew from the start that receiving 5 million yen per person was highly unlikely. At the same time, the mediation process saved us time and money: while court cases may cost millions of yen in lawyer’s fees, and drag on for years, our mediation would last just a couple of months, and cost nothing save transportation to hearings. Furthermore, while all 10 members were encouraged to attend hearings, attendance was not required.

Thus, we dropped any demand for lost salary, which the courts might grant, and aimed for “just” 5 million yen per person. More importantly, we wanted a decision which indicated our university had acted inappropriately, in an effort to curb dictator-like management styles, give some power to dismissed faculty, and yes, receive financial compensation.

By the third hearing, it was clear that we would be awarded a settlement figure, which we, and the university, could accept or refuse. We were also told negotiations would end there, and both sides had a take-it-or-leave-it option.

The 10 of us felt vindicated by the decision, that the university acted improperly and should indeed pay compensation that ranged from 1 million yen to 1.7 million yen per person, depending on whether the person had secured employment yet.

Yes, some felt the figure was low, because it didn’t even fully cover their moving expenses. Still, 1 million yen or more per person — 13 million yen in total — clearly indicated the university’s culpability. And we had understood the limitations of the process from the start. With such a small amount, we felt confident the university would pay. After all, the total of over 13 million yen equaled just about half of the university president’s remuneration for one year.

For the three faculty who had received pay cuts due to the corrupted evaluation process, the mediators did not have the power to ask that we be compensated. However, the decided settlement amount would at least recover salary I lost for my flag letter and opposition to the Iraq war — or so it seemed.

Unfortunately, our result was destined to fall in the 20 percent of unresolved cases, because the university refused to pay even that amount. As the labor rep had explained on more than one occasion, the process doesn’t have any means to force employers to fulfill obligations. Still, even in the absence of compensation, vindication of our position made “assen” worthwhile.

The labor rep also explained another option in addition to “assen” or legal action. In 2006, Japan created a labor disputes system (“rodo shinpan seido”) so disgruntled workers could get a hearing with minimal cost and minimal delay. A judge decides the case after meeting no more than three times with one labor rep and a company rep.

Thus, the worker avoids not only lawyer fees, but a protracted court case that may otherwise drag on for years. And, as opposed to “assen,” unscrupulous employers don’t have a right to refuse or withdraw. Both parties can, however, appeal, all the way to the Supreme Court.

Our group didn’t have the option to use this new labor court because it only hears cases for individuals, not groups. Most who utilize this new system are labor union members — but some, like ourselves, join a union only after having a workplace dispute.

Thus, in this era of short term contracts, temporary jobs, and political shifts to the right, workers, foreign or otherwise, should remember they have rights and their employer has responsibilities. Unions, which only exist due to the support of their members, can point workers the way to “assen” mediation, a special labor disputes court, and, if those time and money saving options fail, can provide a union lawyer and sue the most unscrupulous of employers.
—————————

The writer of this article was obliged to use a pseudonym. Send comments and story ideas to:community@japantimes.co.jp
ENDS

Jun 27 Sophia U Film Showing: “Refusing to Stand for the Kimigayo”

mytest

Hi Blog. Little something which might interest you. Debito back in Sapporo

//////////////////////////////////////////

From: David Slater
Subject: Film Showing at Sophia U: “Refusing to Stand for the Kimigayo” (June
27th)
Forwarded by Robert Aspinall

Institute for the Study of Social Justice at Sophia University
Invites you to a film screening:

//////////////////////////////////////////////////////////
AGAINST COERCION:Refusing to Stand for “Kimigayo”
(87 minutes/in Japanese with English subtitles)
Directors: Matsubara Akira and Sasaki Yumi (Video Press)
Wednesday, June 27, 2007
17:00-19:30
Room L921, 9th Floor, Central Library
Yotsuya Campus, Sophia University
Free Admission
//////////////////////////////////////////////////////////

Since the Tokyo Metropolitan Board of Education issued
a decree to strictly enforce the hoisting of Hinomaru
and the singing of Kimigayo at school ceremonies in
2003, over 340 public school teachers in Tokyo have so
far faced disciplinary actions for “negligence of
duties.” Although the Tokyo Local Court ruled such
coercion unconstitutional in September 2006, the Tokyo
Metropolitan Board of Education took disciplinary
measures against a further 35 teachers in March 2007
and appealed to Tokyo High Court. The punitive
measures of the Tokyo Board of Education are
cumulative, and as a consequence, it looks quite
possible at this point that some teachers will face
dismissal in March 2008 –if they continue to refuse
to stand for Kimigayo.

Such developments are not limited to Tokyo public
schools, and are indeed of particular relevance to
those who are in teaching professions at school as
well as university levels. The new Law on National
Referenda that the Abe government enacted last month
contains a stipulation that prohibits teachers (and
public servants) to “utilize their positions” during
future campaigns on constitutional revisions –in
other words, a school teacher or university professor
who expresses a view that does not conform with the
government proposal may very well face similar
disciplinary measures for “negligence of duties.”

This documentary film follows the school teachers, and
their students, as the teachers refuse to stand for
Kimigayo and face pay-cut, suspension, and re-training
programs. The doors open at 17:00, and the movie
screening is followed by a Q&A session with Ms.
Kawarai Junko, who is currently suspended from her
position at a school for the disabled in Tokyo.

This event represents the first part of a program
entitled “Is Freedom in Danger?” organized by the
Institute for the Study of Social Justice, Sophia
University. It will be followed by a symposium on
October 11, where Prof. Takami Katsutoshi (Sophia Law
School) will speak on the subject of constitution and
freedom, Father Tani Daiji (Bishop of Saitama,
Catholic Church) on freedom of religion, and Koichi
Nakano (Sophia University) on the contemporary
politics of illiberalism (all in Japanese).

ENDS

上智大学映画上映『君が代不起立』6月27日(水)

mytest

上智大学社会正義研究所では、連続企画『自由は危ないのか』第1回として、下記の予定でドキュメンタリー映画上映会を開催いたします。

2007年6月27日(水曜日)
上智大学 中央図書館9階L921号室
17:00〜19:30
参加無料・事前登録不要
ドキュメンタリー映画
『君が代不起立』
(With English Subtitles)

上映時間87分&河原井純子さん(東京都教員・停職処分中)たちとの質疑応答
2003年に東京都教育委員会が卒業式や入学式での日の丸掲揚・君が代斉唱の「厳格実
施」を通達して以来、のべ340人を超える教員が職務命令違反を理由に懲戒処分を受
けている。2006年9月には東京地裁が「強制は違憲」とする判決を下したにもかかわ
らず、東京都教委は2007年3月に新たに35人に処分を行った。都教委の処分は累積性
を持つことから、現況では2008年3月についに免職処分(解雇)となる教師が現れる
ことが危惧される事態となっている。

2006年12月にビデオプレス社が公開した『君が代不起立』は懲戒処分に直面している
不起立の教職員たちの考え、教育への想いと行動、そして彼らの教え子たちの姿を
追ったドキュメンタリー映画であり、これまで各地市民団体、ICU、外国人記者クラ
ブなどにおいて上映会を積み重ねている。

折しも、憲法改定を掲げる与党による国民投票法が制定され、この法律が教員・公務
員の「地位利用」を禁止した規定を含むことによって、同様に政権与党の意に沿わな
い見解を表明した教員は懲戒処分の対象となる可能性も出てきている。私立大学で教
育に携わる私たちにとっても他人事ではありえないこの問題を通じて、思想良心の自
由について、本学教職員・学生らと議論し考えることが本企画の趣旨である。
————————————
<予告>
連続企画第2回『自由は危ないのか』シンポジウム
2007年10月11日(木曜日)
中央図書館9階L921号室
17:00〜19:30
参加無料・事前登録不要・使用言語日本語
「憲法と自由」 高見勝利・上智大学法科大学院教授
「信教の自由と政教分離」 谷大二・さいたま教区司教
「反自由の政治」 中野晃一・上智大学国際教養学部准教授
思想良心の自由、表現の自由に限らず、信教の自由なども含めて今日自由をめぐる問
題は実に多岐にわたっている。戦後憲法の中で曲がりなりにも保障されてきた個人の
自由がかつてないほどに脅威にさらされていると危惧する声が上がる一方で、逆に
「戦後民主主義」の行き過ぎた自由が国家の存続基盤そのものを危うくしているとい
う論調も強くなってきている。
ドキュメンタリー映画『君が代不起立』上映会での問題提起を受けて、自由の現在と
将来についての学術的論考と討論を更に進めることが本企画の趣旨である。


David H. Slater, Ph.D.
Faculty of Liberal Arts
Sophia University, Tokyo

2ちゃんねるの西村氏に対する強制執行の件(芝池弁士著)

mytest

ブロク読者の皆様、こんにちは。10日間渡米して、ケネディ空港から便りを送っていますが、大分前私の弁護士から2ちゃんねるBBSの勝訴についてのアップデートです。勝訴後1年半以上となり、日本の司法府は自分の民事訴訟の判決を執行できないことは非常に明白になりましたね。有道 出人

Hi Blog. This is a letter from my lawyer Mr Shibaike, with the latest motions filed against 2-Channel BBS for unrequited damages awarded for libel. More on that case archived here. Writing from JFK Airport in NYC, no real time to translate. Point is, more than a year and a half after winning a judgment for libel against Administrator Nishimura Hiroyuki, the inability of the Japanese judiciary to enforce its own civil law judgments remains glaringly clear. And it’s not just me, remember–primer here. Arudou Debito in transit.

=========================
芝池です。
May 2, 2007 10:57:28 AM JST

2ちゃんねるの西村氏に対する強制執行の件につきまして、
札幌地方裁判所岩見沢支部において間接強制の決定がでましたので、
ご連絡いたします。
(決定書の写しを添付します。別紙は省略)
kansetsukyousei.pdf

間接強制とは、債務者が、相当と認める一定の期間内に債務を履行しないときは、
裁判所が、債務者に対し、直ちに債務の履行を確保するために相当と認める
一定の額の金銭を債権者に支払うよう命ずるというものです。

本件では、掲示板上の名誉棄損文言の削除及びIPアドレス等の発信者情報の
開示をしない場合、債務者(西村氏)は、1日につきそれぞれ2万5000円を
有道さんに支払うよう命じました。

この金員はいわゆる違約金の性質を持つもので、有道さんは、西村氏から
金銭執行の方法で取り立てることもできます。

なお、間接強制の申立てから決定までに時間がかかったのは、西村氏が裁判所
からの文書を受け取らなかったためで(この間接強制の手続きでは、裁判所が、
あらかじめ債務者を審尋することが必要とされています。)、最終的には、
公示送達という方法により、西村氏の審尋を経ずに決定が下されました。

ご不明な点がございましたら私か加藤までご連絡下さい。
よろしくお願いいたします。

**************************
北海道合同法律事務所
弁 護 士 芝 池 俊 輝
TEL :011-231-1888
FAX :011-231-1785
URL: http://www.hg-law.jp/
**************************
ENDS

Asahi on 2-Channel BBS: “Criticism mounts against forum”

mytest

Hi Blog. Another (rather pedestrian, but something for the uninitiated; even the GOJ comments–albeit flacidly–this time) article about the rolling controversy that remains 2-Channel, the world’s largest BBS, and a hotbed of anonymized libel (the “den of criminals” comment is not mine).

As always, 2-Channel adminstrator Nishimura gets quoted. Wish they’d asked more comments from the victims.

More on my (successful, but unrequited) libel lawsuit against them at

https://www.debito.org/2channelsojou.html

and

https://www.debito.org/?cat=21

Arudou Debito in Sapporo

=============================

Criticism mounts against forum

05/29/2007 THE ASAHI SHIMBUN

BY TOMOYA ISHIKAWA AND MARIKO SUGIYAMA

http://www.asahi.com/english/Herald-asahi/TKY200705290089.html

Courtesy of Dave Spector

Hiroyuki Nishimura is not one to play by the rules of others.

The 30-year-old founder of 2 Channel, the nation’s biggest online forum, has come under a growing barrage of criticism over his Web site, but he’s not paying much attention.

Since its creation in 1999, the forum has exploded in popularity. It currently boasts 10 million visitors monthly and brings in hundreds of millions of yen annually in advertising.

The forum’s most distinguishing feature, complete freedom and anonymity for posters, has led to much of its popularity. But it has also led to a pile of lawsuits against Nishimura.

So far, courts have awarded tens of millions of yen in compensation to complainants, but Nishimura has stated on his Internet blog and elsewhere that he has no intention of paying up.

“We are actually all living bound by an incomplete set of rules–you don’t have to pay if you simply refuse to pay. I mean, if I am going to be sentenced to death, I’d probably pay,” Nishimura said after one rare appearance in court.

2 Channel’s anonymity and sheer size have contributed to the site entering the social consciousness in a variety of ways. There was the case of an in-house whistle-blower who blew the lid on illegal company behavior.

And there were the “Densha Otoko” (train man) postings by an anonymous otaku who won his dream girl with the support of his online friends. The modern fairy tale became a book, a TV drama and a movie starring Takayuki Yamada and Miki Nakatani.

But there is a flipside; numerous complaints regarding libelous remarks and invasions of privacy.

The most recent case was after a 17-year-old boy in Aizu-Wakamatsu, Fukushima Prefecture, walked into a police station on May 15, saying he had killed his mother. The 2 Channel bulletin board exploded with rumors and information revealing the juvenile’s name.

As soon as the boy was arrested on suspicion of murder, 2 Channel was full of activity. One post said: “Here’s all the information I gathered about ‘–.’ Feel free to add anything that you’ve got.” The boy’s name, the names of the high school he attends and the junior high school he graduated from were all revealed.

Authorities asked 2 Channel moderators to delete 25 postings, stating they violated the Juvenile Law, which bans the publication of information that identifies minors accused of crimes. The request brought little change. In fact, a flurry of additional postings followed.

A Justice Ministry official said once information is posted on the site, it is extremely difficult to keep a lid on the data.

“Once you get written up on 2 Channel, the comments get quoted in other Internet blogs. Requesting deletion becomes an endless cat-and-mouse chase. There would be fewer problems if (the moderator) deleted the offensive post immediately.”

More than 50 lawsuits have been filed against Nishimura at the Tokyo District Court alone since 2001. A company in Tokyo took 2 Channel to court following a slew of postings stating the company was a “den of criminals.” Names of the company board members were posted. The company repeatedly asked that the posts be deleted, but to no avail.

In 2004, the company filed a provisional disposition with the Tokyo District Court. In June that year, 2 Channel was ordered to delete the comments. Nishimura refused to comply.

Two months later, an indirect enforcement was applied, imposing a fine each day until the request is met. Nishimura has refused to pay the fines.

According to 2 Channel’s internal guidelines, “Posts that have been subjected to court rulings will be deleted.” Yet the rule is there in name only.

A group of 300 voluntary self-elected moderators supposedly manage the 2 Channel site. But when it comes to a decision on whether to delete a post, Nishimura said: “If the post is obviously a crime, (it goes). We have our own criteria.”

Under a law enforceable since 2002, victims or Justice Ministry authorities can request a bulletin board’s operator to erase posts considered a civil rights violation and disclose sender information. Still, the request is not enforceable, and noncompliance does not carry penalties. Everything is left to the provider’s discretion.

According to one of the plaintiff’s lawyers, the accumulated fines from indirect enforcement orders has hit at least 430 million yen.

Nishimura has admitted that he draws an annual income of more than 100 million yen.

However, he has no real estate, and it is unclear how much he receives from a company on which he serves as a board member. Collection by seizing assets becomes difficult.(IHT/Asahi: May 29,2007)

ENDS

Dietmember Hosaka critical of “thought screening” in new J jury system

mytest

Hi Blog. Excerpting an excellent article from Chris Salzberg at Global Voices Online on Japan’s upcoming jury system (from May 2009). He translates Lower House Dietmember Hosaka Nobuto‘s questioning of the Justice Minister et al regarding their proposed screening of applicant citizen jurors in the new and upcoming jury for criminal cases.

I don’t want to cut and paste in Chris’s entire blog entry, so see it here. But I will paste below his and his partner’s translation of Hosaka’s blog entry (Japanese original here or up at the abovementioned Chris blog link).

This is very important, since for once Japan’s judiciary is trying to open the sacerdotal system of judicial decisionmaking to more public input and scrutiny. And here they go all over again trying to screen jurors to make sure they are sympathetic towards (i.e. trusting of) the police. The police and prosecutors have enough power at their disposal to convict people (to the point of raising hackles at the UN Committee Against Torture) without proposing to stack the jury too.

Again, it’s best written up at Chris’s blog, so also take a look at that. Arudou Debito in Sapporo

==============================
(Written by Chris Salzberg and Tokita Hanako)

…It is only against this backdrop of the chronic problem of forced confessions that Hosaka’s blog entry can really be understood. The blog entry is called “The hidden ‘trap’ of the citizen judge system: thought checking in citizen judge interviews“, and begins:

Yesterday, in the Lower House Committee on Judicial Affairs, I questioned [the government] for 40 minutes over a legal revision of criminal proceedings to institutionalize “Participation in the Judicial Action of Crime Victims”. In exchanges between the Supreme Court and the Justice Ministry, a state of affairs was revealed in which the legal system would be swayed from its foundation by a “wide range of views from a group of citizens chosen by drawing lots”, part of the [new] citizen judge system. When a police officer is called by the prosecution to testify as a witness, it is permissible to ask the citizen judge candidates and the court of justice: “Do you have trust in the investigation of this police officer?” If you answer: “No, I do not trust this police officer”, then the prosecutor can judge that “A fair trial cannot be guaranteed” and can instigate a procedure in which, without indicating any reasons, a maximum of 4 candidates can be disqualified.

The 6 members of the citizen judge system, acting as “representatives of the people”, under this filtering by the prosecution, becomes a group of only “well-intentioned citizens without any doubts about the police”; this in turn has a huge influence in court battles in which the prosecution argues with the defence over the “voluntariness of confessions” [extracted by the police]. The investigation has the authority to perform a “thought check” on these delegates of the citizen court system, chosen by “drawing lots”, related to issues such as their “degree of confidence in the police investigation” and their “view on the death penalty”, and, without stating any reason, can carry out a “challenge” procedure to eliminate up to 4 candidates. I am shocked that this scheme has been hidden. For the “bureaucracy”, this very convenient “well-intentioned citizen without doubts about the bureaucracy”, chosen from the entire population by drawing lots, is nothing more than a disguise under the name of “participation in the legal system”. If the three elements of the judicial community have concocted these “unacceptable questions” which could impinge on the freedom of thought and creed, we cannot ignore this. Below I have presented a tentative record [of the proceedings]. Starting next week, I will try to put the brakes on this reckless degeneration of justice. Please have a look at the exchange that took place in the Committee of Judicial Affairs, reproduced below.

The rest of the blog entry consists of the proceedings of the Diet session, translated here in their entirety:

Hosaka
There was an article in yesterday’s newspaper about the finalization of the essentials of a supreme court outline relating to procedures for the court of justice’s new citizen judge system. In this article, it was explained that the citizen judges would be questioned in an oral consultation or interview. In these consultations or interviews, “investigator testimony” — i.e. in cases in which the police officer (witness) is scheduled to testify — if there is an appeal by the person concerned (prosecution), then the presiding judge can ask: “Are there any circumstances in which you would be able to trust this investigation conducted by the police and others? Or, alternatively, are there any circumstances about which you do not have particular confidence?” In cases in which the answer is “no”, no further questions are asked [of the candidate citizen judge]. In cases in which the answer is “yes”, the citizen judge is asked: “What kind of circumstances are these?” Depending on the answer to this question, if necessary, the candidate citizen judge is then asked: “Do you think you can consider the contents of the police officer’s testimony and render a fair judgement?” The citizen is assessed on the basis of the existence or nonexistence of doubts about the fairness of the trial. What is the meaning of this? We are all acutely aware of the fact that there are cases, such as the Shibushi incident, in which police investigations have gone much too far. One of these citizen judge candidates might for example say: “Police investigations sometimes do things behind closed doors, so in this sense perhaps they go too far.” What is the intention of this questioning?

(Detective Superintendent of the Secretariat of the Supreme Court) Ogawa
I will answer the question. In cases in which there are arrangement procedures preceding the public trial, when it becomes known either that applications are being processed for an investigator witness, or that an investigator is scheduled to appear, in cases in which the party concerned has made a request, in order to assess whether or not there is any possibility that judgement about the “confidence in the verbal testimony of the investigator witness” will be dealt with in an unfair manner, we are right now considering questions indicated by the committee member (Hosaka) so that we can use it as one reference. In a practical sense, the court makes the decision, so how things will turn out, in concrete terms, is really a judgement to be made by the court.

Hosaka
I am asking this question to the Detective Superintendent of the Justice Ministry. In cases such as you just mentioned, in which the investigator appears as a witness, probably a confession has been made. However, what about cases in which, after the [confession], the person switches their position and issues a denial, and raises doubts about the voluntariness of the “recorded confession”? I believe that there are many cases of this kind. The court is asking questions: “Do you have trust in the investigation of the police officer?” If a candidate answers in an interview: “I have no trust at all. I think that it is strange, all these things going on behind closed doors recently,” then the investigator is able to challenge the candidacy of the citizen judge. Could this be a reason for disqualification?

(Someone from the ruling party [LDP] exclaims:
They can do that? Hosaka’s explanation to this ruling party member: “Yes, they can issue challenges. Without giving a reason, they can disqualify up to 4 candidates. How will the prosecution judge people who have doubts in their mind about the police officer?”)

(Detective Superintendent of the Secretariat of the Supreme Court) Ogawa
On the question of under what circumstances an investigator can, without indicating any reason, challenge [the candidacy of a citizen judge], we really haven’t done any concrete investigation on this. I think it is up to the judgement of the investigator in each individual case.

Hosaka
I request that the Minister of Justice share his thoughts on this. The citizen judges are chosen by drawing lots. From a list of registered voters in the Lower House elections. However, in this process, in cases in which [the candidate citizen judge] says: “I have a bit of trouble placing my trust in this police investigation”, the prosecution can declare that “We challenge [the candidacy of] this citizen judge”. The citizen judge may then be excluded. ……if citizen judges become the object of such challenges, I wonder if we can really say that this is a system which draws on an even distribution of representative views of people from the entire country? I am extremely concerned. What do you think about this situation?

Justice Minister Nagase
I remember that there were various views expressed when the citizen court system was being set up. “If this is in there, then won’t everybody be judged innocent?”, “No, everyone will be sentenced , right?”, I remember that there were arguments like this. The concerns that you are expressing now are I believe related to those earlier arguments. However, in the three branches of government, in an appropriate manner, we are working toward a citizen judge system that reflects the good sense of the average citizen, not some kind of legal debate in which people quibble over every insignificant detail.

Hosaka
My intention is not to quibble over every insignificant detail. What we have to debate about, in a broader sense, is the participation, in the court of justice, of the “victim” within the citizen judge system. As we now understand the meaning of the “challenge” [of candidates], I want to have a thorough debate on this issue.
ENDS

保坂衆議院議員:裁判員制度の知られざる「罠」、裁判員面接で思想チェックを問う

mytest

ブロク読者の皆様おはようございます。有道 出人です。

年金問題の大騒ぎで気付いていないことかもしれませんが、きのう、衆議院保坂展人氏ブログによると、これから「犯罪被害者の訴訟参加」の「思想チェック」を実施するようです。

「どれぐらい警察官を信じるのか」をチェックしてから陪審員として取り入れるかどうかを決心するようです。衆議院法務委員会で表面化したことを転送します。長勢法務大臣の返答も入っています。これはGlobal Voices OnlineのChris Salzbergさまからいただいたお知らせです。感謝いたします。

早速記載しますが、宜しくお願い致します。有道 出人

=================================
裁判員制度の知られざる「罠」、裁判員面接で思想チェック
保坂展人衆議院議員 著
裁判員制度を問う / 2007年05月26日
http://blog.goo.ne.jp/hosakanobuto/e/27f78e12828b4ce61eb1beb8d0ab42ff)

昨日は、衆議院法務委員会で「犯罪被害者の訴訟参加」を制度化する刑事訴訟法改正案の質疑を40分行った。この最高裁と法務省とのやりとりの中で、裁判員制度の「くじで選ばれる国民の幅広い意見」という根底から揺らぐような事態が明らかになった。検察側が「警察官」を証人として出廷される時に、裁判所に対して裁判員候補に対して「あなたは警察官の捜査を信用していますか」と質問させることが出来る。「いや、信用ならないですね」と答えると「公平な裁判が保障されない」と検察官が判断して最大4人まで理由を示さずに「忌避」の手続きを行うことが出来るというものだ。

「市民の代表」として出てくる6人の裁判員たちは、検察側のフィルタリングにかけられた「警察を疑わない善意の市民」ばかりとなり、「自白の任意性」をめぐって弁護側と激しく争う事件について、大きな影響を与えるのは間違いない。「くじ」で選ばれた裁判員候補を、捜査権力が「警察の捜査への信頼度」「死刑についての考え方」などに対して「思想チェック」をして、理由を述べずに4人まで「忌避」という排除手続きを取るという仕組みが隠れていたことに愕然とする。「官」にとって、都合のいい「官を疑うことなき善良な市民」が国民全体から「くじ」で選ばれたとすれば、これは「市民の司法参加・偽装」そのものである。法曹三者で国民の思想信条の自由を侵すような「許しがたい設問」をつくりあげていたとすれば、看過出来ない。以下に仮記録を示しておく。来週から、国会内で「裁判員制度を問う超党派議員の会」を呼びかけ、司法の変質と暴走にブレーギをかけていきたいと思う。以下、委員会でのやりとりを再現してみよう。

保坂 昨日の新聞に裁判所の裁判員制度の手続きに関する最高裁規則の要綱がまとまったという記事が出ています。そこで、質問を裁判員について口頭諮問というか面接でするわけですが゛、この中に「捜査官証言」、つまり警察官等(※証人)が予定されている事件において、当事者の求めがあった場合(※検察側)、裁判長が口頭で「あなたは警察等の捜査が特に信用出来ると思う事情がありますか。あるいは、逆に特に信用出来ないという事情がありますか」と質問をし、「いいえ」と回答した場合は、何も質問しない。「はい」と回答した場合は、「それはどのような事情ですか」と質問する。その回答によって必要がある時には、「警察官等の証言の内容を検討して公平に判断することが出来ますか」と質問をし、不公平な裁判をするおそれの有無を判断する、とある。どういう意味ですかね。我々は志布志事件などで警察の捜査も行き過ぎがあるということを随分認識しています。たとえば裁判員の候補者がですね、「警察の捜査も時々、密室で行われているから行き過ぎがあるかもしれません」と言うかもしれません。どういう意図でこの設問があるのですか。

小川最高裁事務総局刑事局長 お答えします。公判前整理手続きをやっていく際に、捜査官証人が申請される、また予定される事件があるとわかりました時に、当事者の方から求めがあった場合に「捜査官証人の証言の信用性」について不公平な裁判をするおそれがあるかないかという点を判断をするために、今、委員の御指摘のような質問をさせていただく、ひとつの判断資料となろうかと思います。実際には、裁判体が判断されますから具体的どうなるかというのは裁判体の判断となります。

保坂 法務省刑事局長に聞きたいのですが、今のような捜査官が証人として出てくる場合には、おそらく自白はしている、しかし、その後に否認に転じて、「自白調書」の任意性に疑いがある場合、こういうことが多いんではないかと思います。裁判所が設問していますよね。「警察官の捜査等にどれだけ信用性を置いているかどうか」と。「私は全然信用していないんだ。最近は相当密室でおかしいと思う」と面接で言っていたら、検察官はこの裁判員候補者を忌避出来るんですね。忌避する理由になりますか。

(そんな事が出来るのか? と与党席からの声。「忌避出来るんですよ。理由を示さずに4人まで忌避出来るんです。警察官はどうかなあという人に対して検察側がどう判断するかどうか」と保坂議場の与党議員に説明)

小津法務省刑事局長  この件、検察官がどのような場合に理由を示さないで忌避するかどうかということは、私どもで何も具体的に検討しているわけではないわけで、個々の事件における検察官の判断ということになろうかと思います。

 保坂 法務大臣に感想を求めたいんですよ。裁判員というのはくじで選ばれるんですよね。衆議院選挙の有権者名簿で。しかし、その中で、「警察の捜査はちょっと私は信用出来ないですよ」と言った場合には、検察側から「この人、忌避」と出るかもしれない。……忌避の対象になってくると、本当に国民全体の意見を代表して、まんべんなく汲み上げた制度になるのかどうか、大変不安になってきたんですね。その点、どうですか。

長勢法務大臣 裁判員制度を創設する時、当時は色々な御意見があった事を思い出します。片一方は、「こんなのが入るとみんな無罪になってしまうんじゃないか」「いや、みんな重罪になってしまうんじゃないか」という議論があったことを思い出します。
今の議論もそういうことに関連しているのかなと不安を感じますが、法曹三者において適切にですね、こういうあまり重箱のスミをつつくような法律論じゃなくて、一般の国民の良識が反映されるような裁判員制度にしていきたいと思います。

保坂 重箱のスミをつつくような議論をしているつもりはありません。これは裁判で裁判員制度の中で「被害者」の方が参加されるというトータルなパッケージとしての議論をしなければならない。この「忌避」ということも今、わかってきたわけなので、トータルに議論したい。
(保坂議員のブログでコメントを)
===========================

裁判員制度の知られざる「罠」、裁判員面接での選別の論理
保坂展人衆議院議員 著
裁判員制度を問う / 2007年05月27日
http://blog.goo.ne.jp/hosakanobuto/e/8e2558afdb37d497aae9a00efcfa6c4c

昨日のブログには大変な数の反響を頂いた。土・日にも関わらず、弁護士会内部でも賛否両論の議論が起きているようだ。「裁判員制度」の導入が全国民を対象にしているだけに、誰もが「警察官の捜査を信用出来ますか」と裁判官から尋問を受けて、「NO」と答えた人たちはこの質問を要求した検察官から「理由を示さずに忌避」されて不選任となるという事態に正直言って私は驚いた。ところが、裁判員制度に関わってきた関係者からは、「何、今ごろゴタゴタ言ってるの。アメリカの陪審制でも同様の制度があるし、04年の立法当時にもそう議論にならなかったじゃないか」と、「驚いている人たちが出てきたことに驚く」という反応があるらしい。「アメリカでも陪審制…」と言う人たちに聞いてみたい。アメリカの捜査と日本の捜査は透明度は同一なのだろうか、と。陪審員が全員一致で判断するかどうかで有罪・無罪を決める陪審制と、多数決に従う日本の裁判員制度は同一の制度ではない。さらに、そのアメリカでも冤罪事件が後を絶たないことも忘れてはならない。
ここで、「面接・質問」と「忌避」「不選任」の条文を見ておこう。

「裁判員の参加する刑事裁判に関する法律」

(裁判員等選任手続の方式)
第三十三条  裁判員等選任手続は、公開しない。
2  裁判員等選任手続の指揮は、裁判長が行う。
(省略)

(裁判員候補者に対する質問等)
第三十四条  裁判員等選任手続において、裁判長は、裁判員候補者が、職務従事予定期間において、第十三条に規定する者に該当するかどうか、第十四条の規定により裁判員となることができない者でないかどうか、第十五条第一項各号若しくは第二項各号若しくは第十七条各号に掲げる者に該当しないかどうか若しくは第十六条の規定により裁判員となることについて辞退の申立てがある場合において同条各号に掲げる者に該当するかどうか又は不公平な裁判をするおそれがないかどうかの判断をするため、必要な質問をすることができる。
2  陪席の裁判官、検察官、被告人又は弁護人は、裁判長に対し、前項の判断をするために必要と思料する質問を裁判長が裁判員候補者に対してすることを求めることができる。この場合において、裁判長は、相当と認めるときは、裁判員候補者に対して、当該求めに係る質問をするものとする。
3  裁判員候補者は、前二項の質問に対して正当な理由なく陳述を拒み、又は虚偽の陳述をしてはならない。
4  裁判所は、裁判員候補者が、職務従事予定期間において、第十三条に規定する者に該当しないと認めたとき、第十四条の規定により裁判員となることができない者であると認めたとき又は第十五条第一項各号若しくは第二項各号若しくは第十七条各号に掲げる者に該当すると認めたときは、検察官、被告人若しくは弁護人の請求により又は職権で、当該裁判員候補者について不選任の決定をしなければならない。裁判員候補者が不公平な裁判をするおそれがあると認めたときも、同様とする。
(以下省略)

この法律は04年の国会で全会一致で成立している。しかし、この裁判長の質問の具体的な内容と、検察官の「忌避」と不選任の流れが、明確に語られることはなかった。国会審議の議事録で具体的に掘り下げた議論の形跡はない。たしかに「被告人」「弁護士」にも「忌避」の権利が同等にあるじゃないかという指摘もあるだろう。裁判員法は「公平な裁判をするかどうか」で国民を選別しようとしているが、
私たちは「裁判所が公平な裁判をするかどうか」を問うているのである。「公判前整理手続き」という名で「裁判迅速化」が進み、「厳罰主義」の風潮の中で「被告人」「弁護士」は、検察官と対等に選任手続きに臨めるだろうか。たぶん、昨日のブログで紹介した「質問案」を見て、私は背筋が寒くなって鳥肌が立ってしまった。それは「直観的」「感覚的」なものかもしれないが、公権力が国民をくじで呼び出しておいて、「警察を信じるか」「死刑についてどうか」と思想・信条、内面の関わる質問をしようとしていることに拒否感が強いのだ。弁護士の『ヤメ記者弁護士さんのブログ』も、さっそく反応してくれた。以下、紹介する。

(引用開始)
これは、大変なことだ。警察官の捜査に対して、批判的な気持ちを持っている人は、裁判からはずしてしまう。少しくらい、警察官が行きすぎたことをしていても、まぁ、悪いことをした奴を自白させるには手荒いこともしないとねって許してしまう人ばかりが、裁判員になるかもしれないということだ。

 質問自体は、「警察の捜査は特に信用できると思うような事情、あるいは逆に、特に信用できないと思うような事情がありますか」という一見公平なものであるから、問題ないのではないか、という反論がありそうだが、「特に信用できると思うような事情」がある人なんているだろうか?やはり、具体的には、「特に信用できないと思うような事情」が問題になるケース、例えば、自分の身内が警察の取調で酷い目にあったから信用できない、などというケースがほとんどだろう。
 
 その場合、検察は、裁判員から外してしまうことができるのだ…。あきれはてる。警察を信用する人によってしか裁判ができない、しかも、その裁判は、まさに警察官が証人として採用され、その証人の信用性が問題になろうとしているものばかりというのだ。刑事裁判が市民にさらされ、警察の不適切な捜査が市民によって問題化されることを恐れているのだろう。このような質問を用意すること自体、毛札は信用できないと自白しているようなもんだ。

 陪審制を採用している米国でも裁判官の質問制度はあるが、このようなアホな質問は許されない。

 例えば、マサチューセッツ州では、�事件の当事者・証人・弁護士を知っているか、�その事件について個人的に知っていたか、又はテレビ・ラジオ、新聞等から知っているか、�当該事件及びこの種の事件に意見を発表したり、又まとめたことがあるか、�どちらかに何らかの先入観又は偏見を持っているか、�当該事件に個人的興味・関心を持っているか、�その他当該事件に公正に対処できない何らかの事情があるかどうかの6問である(「陪審制度」第一法規)。

 まさに、その具体的な事件について、不公平な裁判をするかどうかが、問題とされているのであって、それ以外の政治信条について聞くことはない。

 なお、裁判員制度に伴うこの質問制度の問題点は、以上のことだけではない。

 死刑の適用が問題となる事件については、「起訴されてる○○罪について法律は、『死刑または無期懲役または○年以上の懲役に処す』と定めています。今回の事件で有罪とされた場合は、この刑を前提に量刑を判断できますか」という質問を裁判官にさせることができる。そのうえ、「できない」と答えた場合、「証拠によってどのような事実が明らかになったとしても、絶対に死刑を選択しないと決めていますか」と聞くというのだ。
 
 はぁ、それじゃあ、死刑積極論者しか残らないではないか!

 この質問がもし許されるとしたら、反対の質問として、「人を殺したら原則死刑にするべきだと思うか」という質問をして、するべきだと答えたら、排除する制度がある場合のみだろう(このような質問自体が許されないと考えるが…)。

 変な裁判員制度…。(引用終了)

幸いあと2年の時が残されている。今、きちんと議論をし徹底的に制度を検証しておかないと、取り返しがつかなくなってしまうと私は考える。

(昨日に引き続き、引用歓迎です)
(保坂議員のブログでコメントを)
ENDS

Kevin Dobbs: Judge rules that overloading foreign faculty is legal

mytest

Hi Blog. Turning the keyboard over to Kevin Dobbs, with a report on his temporary court defeat earlier this month over a workload around twice that given regular full-time faculty… Debito in Sapporo

==========================

Judge rules that unequal work loads on foreign faculty is legal
By Kevin Dobbs, Full-time educator at IUHW
May 8, 2007 (REVISED EDITION)

More background on the case on the Blacklist of Japanese Universities at
https://www.debito.org/IUHWdata.html

Hi Debito,

Our court experience was called “Kari Saiban” or Temporary Court, so our judge made his decision in 33 days. Following are the three main points that the judge said swayed him in favor of my workplace, the International University of Health and Welfare in Tochigi:

1) There was a “work agreement” (not a contract) that all charter teachers had to sign in 1995, the year IUHW opened. This agreement theoretically assured that teachers would stay at IUHW for 4 years, Monkasho’s trial period. All teachers signed this agreement including myself.

Teachers would not, however, have to sign any other “work agreement” thereafter. I, of course, did not. Even though that “agreement” expired in 1999, the judge deemed it admissible even though it expired 8 years ago and even though we stated in a plea that I do not remember signing the “agreement.” The one they submitted conveniently says in Article 4, “B shall teach as many hours as A requires, and shall teach English effectively to A’s students. . .”

On that day in 1995 that I was supposed to have signed this agreement, I was moving my family from Kanagawa to Tochigi. Even though we have asked for the original copy of this “agreement,” IUHW has not produced it. I strongly suspect it has been doctored. But of course this expired piece of paper shouldn’t even be valid, anyway. Curiously, I never received a copy of this “agreement” after I was supposed to have signed it.

2) Stated in our Labor Board settlement of 2006, IUHW awards Zheng Tan Yi (my wife) a decent payoff for getting unfairly fired and another “contract” colleague slightly better working conditions. As for me, the settlement states that “IUHW should carefully consider the number of my koma and make an effort to balance that number with other teachers’ koma at the university.” The average number of koma at IUHW is 6, but the judge believed the university when they said that other teachers’ committee work and other duties equaled 6 additional koma per week, which is just insane. Anyway, this provision in the settlement is really what bunged things up. . .and it was our labor union people and our lawyer who allowed that provision as a part of our overall settlement (I think they were in a hurry to finish things up)—could it be the provision that destroys me? As IUHW officials told us at a recent collective bargaining: “Because of this provision, we can give Kevin Dobbs 15 or 20 koma if we want.” Think they want me to quit?

3) A 1-year-renewable contract teacher (the one I mention above) at IUHW, and the only other union member still at IUHW, stated at a recent collective bargaining that 12 koma was acceptable for him. But that number was in his contract, anyway, and always has been, so he had no choice in the matter. Even though this teacher is a koshi with no publications or presentations to his credit, the judge decided to perceive me and this other teacher as qualitatively the same. The judge said, “If this teacher agrees with 12 koma, then so should Kevin Dobbs”—this, even though I have well over 100 highly competitive publications and some presentations to my credit, not to mention the fact that I was director of up to ten native-English speaking teachers for 10 years. At a recent collective bargaining, however, IUHW said: “If Kevin Dobbs wants to publish, he should quit and get a job at another university. His accomplishments mean nothing to us.”
—————————–

Anyway, this judge totally ignored our evidence: indisputable Monkasho documents, letters from primary sources, and labor law. It was an abomination of Japanese law and basic decency.

We’re a little hesitant to appeal since we’ve been told that we might get the same judge as before—mind you, in the first town, Otawara, in Japan to allow that awful text book that recently fabricated what happened in WW II. We just don’t know what to do at this point. We’re reeling. Even though we’ve been fighting hard for 3 years, and have become hardened and tough, we’re at a loss here.

Oh, you’ll find this interesting: our union people fear that, if other universities hear about this judge’s decision, they’ll think it’s okay to give teachers more koma. As always, thank you so much for your support.

Your Tochigi Friend, Kevin Dobbs (kdobbs329@yahoo.co.jp)
ENDS

=========================
ADDENDUM (MAY 27)

–SENT TO ME BY KEVIN DOBBS, SINCE SOME PEDANTS HAVE ARGUED BACK THAT THEY DON’T SEE KEVIN AS SOMEHOW “QUALIFIED ENOUGH” TO DESERVE THE SAME TREATMENT AS HIS FELLOW FULL-TIME JAPANESE FACULTY OTHERWISE HIRED UNDER THE SAME CONDITIONS. HOPE THE SHOE’S ON THE OTHER FOOT FOR THE PEDANTS SOMEDAY SO THEY CAN SEE HOW IT FEELS. ANYWAY, HERE ARE KEVIN’S QUALIFICATIONS, FOR WHAT THEIR WORTH. DEBITO

Professional Bio
Kevin Dobbs

Since 1995, I have worked as an Associate Professor of English at International University of Health and Welfare in Japan. Up to 2006, I was Director of Communicative Strategies and was in charge of up to ten native-English speaking instructors. Now we have only two regular native-English speaking instructors; the other three are from local language schools. The two native-English full-timers who remain have been officially isolated—in other words, our names do not appear on any university literature whether it be hard copy or on the school’s website.

At IUHW, when management considered me a “professional,” I served in many supervisory, public relations, and administrative capacities: these duties included graduate student selection; foreign graduate student advisor; departmental budget management; scheduling; curriculum design; test design; faculty advisor for several student extracurricular clubs (for example, the English Speaking Society); committee for festival coordination; design and implementation of CALL workshops; design and implementation of a university-wide, public speaking program; design and implementation of community outreach, English language workshops; coordinator for sharing outreach with nearby NGO’s and NPO’s; English-speaking host for many of our guest scholars from such countries as Kenya, Cambodia, China, Sweden; international committee; university curriculum committee; hiring committee; committee for foreign student admittance; and many others.

My research and publishing has been interdisciplinary in nature, an accepted way of publishing in Japan since anyone can remember. I’ve published academically in the specialties of EFL public speaking, EAP/ESP writing across the curriculum, and in cross-cultural communication and aesthetic sharing within the classroom. In the 1990’s, I published several book reviews in the Asahi Shimbun, and I’m proud of the fact that later on I was primary essay writer for Shigeru Matsumoto’s text book, Rakku Raku Eibun Kaishaku (Understandable English Essays). Also, I have published primary source literature—short stories, essays, and poems—in dozens of highly competitive, North American literary journals including The New York Quarterly, Carolina Quarterly, Raritan: a Quarterly Review, Mid-American Review, Chelsea, Beloit Fiction Journal, Florida Review, Gulf Stream, Karamu, Poet Lore, Sou’wester, Madison Review, and many others. Within these venues, I’ve published on numerous occasions with Nobel and Pulitzer Laureates, National Book Award winners, and many other literary luminaries. Once, I was featured with one of my favorite novelists, Ken Kesey, in Whiskey Island Magazine, Cleveland State University Press. By the way, if you’d like to take an easy look at some of my poems, go to Maverick Magazine, a leading online journal in which I’ve been published in four issues: maverickmagazine.com. If you’d like to check (verify) my publications, Google me by writing into the search box, “Kevin Dobbs, poetry,” or just “Kevin Dobbs” should get quite a few listings.

Although I’m an accomplished writer, I’m obviously not, by any means, famous, but most of IUHW’s Japanese full-timers, who teach English, have had few or no publications at all. There was never a time since 1995 that I didn’t have more publications than all other Japanese English teachers put together.

As for my graduate degree, I have a terminal Master of Fine Arts (MFA) degree in Creative Writing, Arizona State University, which consisted of 48 semester hours: 24 in literature and 24 in various forms of writing. This kind of degree usually takes three and a half to four years to complete. My four and a half years in graduate school left me with 58 graduate semester hours. My undergraduate degree was in English literature.

I’ve taught ESL/EFL since 1986: composition, public speaking, conversation, listening, basic reading, American culture, basic literature, ESP (medical English), traditional grammar and usage, creative writing, film criticism, critical reading and writing and research, and research methods.

Ends

LA Times: More on forced police confessions

mytest

Hi Blog. Another in a series on how warped the judicial system here can get, with its overreliance on confession (as opposed to gathering evidence). To the point where we have a rare case of a former judge cracking and spilling his guts over a case, giving us some insight on how a panel of three judges could convict a person on circumstantial evidence. Pity the convicted has already spent 28 years in solitary confinement on death row…

Anyway, read on. Another good article. Debito in Sapporo

====================
Japan urged to come clean on confessions
Police routinely torment suspects, say activists for a death row convict whose judge admits, 40 years later, that he erred.
LOS ANGELES TIMES May 12, 2007
By Bruce Wallace Los Angeles Times Staff Writer

http://www.latimes.com/news/nationworld/world/la-fg-confessions12may12,1,5427226.story?coll=la-headlines-world
Courtesy of Larry G and Jon L

TOKYO — The physical evidence that implicated former pro boxer Iwao Hakamada in the stabbing deaths of a family of four on a summer night in 1966 was hardly conclusive.

The clothes prosecutors said he had worn during the killing did not fit him.

The murder weapon Hakamada allegedly used was, according to his lawyers, too small to make the wounds. And, they said, the door police claimed Hakamada used to enter and leave the victims’ house was locked.

But prosecutors had the most important piece of evidence they needed, enough for the three judges of the Shizuoka District Court to find Hakamada guilty and sentence him to death.

Hakamada’s confession.

It did not matter that Hakamada almost immediately retracted his admission and then testified during his trial that he had been beaten and threatened during extended interrogations over 22 days in a police detention cell, with no lawyer present. His signed admission of guilt has kept him in prison ever since, through failed appeals, still awaiting an execution that could come at any time.

Now his conviction is again under scrutiny, after the only surviving judge of the three-man panel that found him guilty — by consensus — broke four decades of silence to say he had always believed that Hakamada’s confession was coerced. The case is seen by analysts here as a stark illustration of the Japanese legal system’s addiction to acquiring convictions by confession.

“I knew right away that something was wrong with his confession,” said the former judge, Norimichi Kumamoto, after he finally went public with his belief that he had participated in sentencing an innocent man to die.

Kumamoto, 70, quit the bench six months after the 1968 trial, and says he has carried “hurt in his heart” over his role in sending Hakamada to death row.

“I have always regretted that I couldn’t persuade the chief judge” to acquit, he says. “He was older than me, and I thought that because he had experienced the war when freedoms were taken away or oppressed, that he would understand what had happened to Hakamada.

“But judges in Japan tended to be influenced by the media and social pressures, and the media were being very aggressive, describing [the accused] as an evil figure,” Kumamoto recalls. “And Japanese tend to believe that the prosecutors’ office, as an arm of the government, wouldn’t do anything intentionally wrong.”

Japanese courts deliberate in secret and verdicts are issued under all three names. (Japan does not have a jury system but plans to introduce a hybrid form of judges and juries in 2009.) Kumamoto kept his doubts about the boxer’s conviction to himself, maintaining silence even as Hakamada’s confession was cited as the reason for turning down his appeals and a bid for retrial.

When the ex-judge finally went public in March at a news conference in Tokyo, much of the subsequent media coverage attacked him for flouting a law prohibiting judges from disclosing deliberations.

Some, however, did welcome Kumamoto’s blistering indictment of the system’s reliance on confessions to maintain a conviction rate that exceeds 99% in criminal trials. Unlike American law, which gives suspects the right to have a lawyer present during questioning, Japan allows police to interrogate people without a lawyer for as many as 23 days before pressing charges or releasing them. They can then be rearrested, beginning another 23-day session.

‘Substitute prisons’

The suspects are kept in small holding cells known as daiyo kangoku, or “substitute prisons,” a setting that critics say allows police to coerce confessions to crimes they did not commit. The Japan Federation of Bar Assns. recently joined human rights groups in contending that holding suspects in such cramped conditions, with little or no contact with the outside world, “is a breeding ground of confession coercion and false accusations.”

“This type of interrogation causes heavy mental suffering to suspects and can be considered torture,” the lawyers group said.

Some judges have shown an increased willingness to question the methods used to acquire confessions. In February, a judge in western Japan reprimanded police and prosecutors for their handling of a case in which 12 defendants were eventually found not guilty of using beer and cash to buy votes in a local election.

Six of the suspects had confessed, but the judge ruled that they probably did so “to please the investigators, as they desperately wanted to be released.”

Police had arrested, released and rearrested some of the suspects — one defendant was held for a total of 395 days — and some said they had been told that unless they confessed, their children would be fired from their jobs. The bullying was so bad that one defendant tried to drown himself, but was rescued.

In two other high-profile cases this year, murder and rape convictions were overturned that had been based solely on confessions extracted under intense pressure.

In 2005, the government made slight modifications to the daiyo kangoku system, allowing video cameras to record questioning in select cases.

But the bar associations say the location of the interview is itself the problem: a holding cell where a suspect can be questioned at any time, for any length of time, without food, breaks or a lawyer.

“Even strong people can confess under those circumstances,” says Katsuhiko Nishijima, a Tokyo human rights lawyer who is at the forefront of the legal campaign to get Hakamada’s conviction overturned.

The greatest resistance to introducing new guidelines comes from the police, Nishijima said. “The police argue that videotaping interviews and allowing lawyers would destroy the necessary trust between police and the suspect,” he said.

Many here say the dependence on confessions is a cultural phenomenon in a country where even the best TV detectives are the ones who pull an admission from the crook in a dramatic interrogation scene rather than uncover evidence.

“The general public has trust in this confession system,” Nishijima says. “It’s in the Japanese DNA: There’s a belief that if you commit a crime, you should come clean and confess. When someone is arrested, the newspapers report that ‘police are now aggressively interrogating the suspect.’ And if he doesn’t confess, then the public are unhappy. ‘Ah, he’s still denying it,’ they say.”

That’s why the recent criminal trial of fallen Internet mogul Takafumi Horie for financial malfeasance was seen here as so extraordinary: The young businessman refused to confess during his incarceration. Other top executives at his firm quickly admitted guilt to investigators and agreed to testify against their boss. But Horie held out and, at his trial, made a rare not-guilty plea. He was convicted anyway.

Maintaining innocence

Since recanting his initial confession, Hakamada, too, has always denied any guilt. His lawyers say the onetime contender for Japan’s flyweight crown now refuses to see either family or his lawyers, his mental condition having deteriorated over 28 years in solitary confinement on death row. In Japan, death row inmates are not told when their sentences will be carried out and some have awaited execution for decades. The 99 inmates currently awaiting hanging live with the knowledge that their death will come with as little as a few minutes’ warning.

Working on Hakamada’s behalf, a team of lawyers and activists, which includes 12 former Japanese boxing champions, announced this week that they would petition the Supreme Court for a retrial. They are optimistic that the late-in-life admission by the judge who helped send him away can still free Hakamada, who is 71.

The former judge himself, aging and becoming weaker, says he is trying to right a wrong before it’s too late for both of them. Kumamoto saw himself as a rising star in the judiciary in the mid-1960s, working his way up the case ladder in Tokyo District Court. He had no compunctions about capital punishment, having presided over five death penalty convictions before Hakamada’s trial.

When he arrived in Shizuoka prefecture to hear the boxer’s trial, the media were clamoring for a conviction. But Kumamoto had also schooled himself in American case law, using Time magazine as a reference for U.S. Supreme Court cases of interest. He was particularly impressed by the Warren court of the 1950s and ’60s, lauding it for “its professionalism and its commitment to the rights of the accused.”

Listening to the evidence, Kumamoto says, he believed the boxer was innocent of the murder charges. Hakamada described in court how police pulled his hair and slapped him during interrogations that lasted more than 12 hours a day, and how he was forced to use a portable toilet in the room. He testified that police threatened to bring his mother and brothers in for questioning as well unless he confessed.

By the morning of the 21st day, he said, he was dizzy, feverish and wanted only to rest. Begging for a break, he offered to confess “in the afternoon” if they would just allow him to rest. Instead, the officers came back into the room with a document labeled “Confession” and berated him into signing. He told the court the document was never read to him.

“I wanted a silence and had a headache so just wrote down my name and put my head down on the table,” he testified. “They held my hand and took my fingerprint.”

‘Media pressure’

Although the interrogators testified that they did not use force to get the confession, Kumamoto says he was convinced at the time that it was unreliable. The retired judge says he had even drafted a thick “not guilty” ruling to be read in court when the other two judges insisted on a conviction and ordered him to rewrite the ruling.

“It was half because of the confession, half because of the media pressure,” Kumamoto explains.

He still can’t get Hakamada out of his mind. The images come to him in the late afternoons, he says: the way Hakamada confidently met the judges’ eyes when they entered the courtroom, convinced he was about to be set free. The way his body slumped and his head fell forward at the guilty verdict.

“I couldn’t hear the words that I had written being read out in court,” Kumamoto recalls, tears in his eyes. “I almost lost my mind.”

Kumamoto said he always hoped that a higher court would overturn the verdict. He never considered going public until now. Not after he left the judiciary when a senior judge suggested to him that such a liberal thinker would be happier and more productive as a lawyer or academic. Not during Hakamada’s appeals and pleas for retrials.

“There was no right time until now,” Kumamoto says, refusing to elaborate.

But he’s ready to meet Hakamada to apologize. “And I’ll stand as a witness for him in the Supreme Court, if this is possible,” he says.

“It’s getting late. It’s the last chance.”

—————————
bruce.wallace@latimes.com

Hisako Ueno of The Times’ Tokyo Bureau contributed to this report.
ENDS

IPS: Xenophobia May Hamper Economic Growth

mytest

Hi Blog. Here’s another article outlining the social damage created by Japan’s close-to-a-decade (since April 2000, see my book JAPANESE ONLY) of media, police, and governmental targeting of NJ as agents of crime and social instability: Even when the press finally decides to turn down the heat, the public has a hard time getting over it.

More on the history of the GOJ’s anti-foreign campaigns starting from:

https://www.debito.org/TheCommunity/communityissues.html#gaijinimages

https://www.debito.org/TheCommunity/communityissues.html#police

One more stat from the article below:

“On average, foreigners are paid around 15,000 US dollars annually, almost half the minimum considered necessary to live in this country.”

Hope to see this substantiated more fully elsewhere so we can cite it in future. That’s quite a bellwether wage differential.

Debito in Sapporo

================================

LABOUR-JAPAN:

Xenophobia May Hamper Economic Growth

By Suvendrini Kakuchi

Inter Press Service News Agency, May 8, 2007

http://www.ipsnews.net/news.asp?idnews=37549

Courtesy of Hans ter Horst

TOKYO, Apr 30 (IPS) – Junko Nakayama, 56, refuses to believe that the number of foreigners arrested for crimes is decreasing as per statistics released by the National Policy Agency.

”There are an increasing number of foreigners, mostly Asian, in the area where I live and they look menacing. I am now very nervous when I walk back home from the train station in the evening,” she says.

Nakayama, who works in an international company, is not alone. Surveys indicate that more Japanese — over 70 percent in a poll — believe that the influx of foreigners into Japan is posing a threat to the country’s famed domestic peace. The notion is fuelled, say activists, by sensationalism in the media over crimes committed by overseas workers.

Accepting foreign migrant workers and treating them equally has been a long simmering debate in Japan where pride in national homogeneity is deep-rooted.

Says Nobushita Yaegashi at Kalaba No Kai, a leading grass roots group helping foreign labour: �-?’Despite new steps to allow foreign workers into Japan, they are viewed as cheap labour not as individuals who have the right to settle down and make a life in Japan. This policy reveals Japan’s xenophobia and is represented in the media.”

The debate over foreigners and crime was highlighted in January when prosecutors in San Paulo, Brazil, charged Milton Noboru Higaki, a former Brazilian worker in Japan, with professional negligence in a hit-and-run case in 1999.

Higaki, a Brazilian of Japanese descent, fled to Brazil four days after the incident that killed a high school girl Mayumi Ochiai, then 16. Her parents then pursued Higaki in his home country in a case that hailed in Japan as a step forward in ensuring judicial accountability of foreigners. Brazil and Japan have no extradition accord and Brazil’s laws forbid the handover of its nationals to foreign countries.

In 2005, Chinese nationals topped the list of foreigners arrested for crime. Nikkei, or second and third generation, Brazilians came next. According to justice ministry figures there are 320,000 of Nikkei living in Japan, working mostly in factories.

�-?The Yomiuri’, Japan’s largest daily, commented on Feb. 17 in an editorial titled �-?Fleeing foreign criminals should be tried in Japan’, said �-?’crimes committed by foreign residents is a serious problem”. The editorial called for a “stringent stance by the Japanese authorities in not allowing foreign criminals to escape punishment.”

But Yasuko Morioka, a human rights attorney, says the media would have done better to focus on the lack of laws to protect foreigners’ rights in Japan. �-?’There is no doubt that provision for access to professional interpretation, documents in their native language, and a legal hearing that considers the rights of foreign foreign workers is largely lacking in Japan,” she explained to IPS.

Morioka said there is no attempt to link crimes committed by Japanese-Brazilian workers to the abuses they suffer — poor working conditions, denial of education for children due to language barriers, discrimination and gross state negligence.

Japan is an attractive labour market for Asian and Latin American overseas workers given the high value of the Japanese yen. On average, foreigners are paid around 15,000 US dollars annually, almost half the minimum considered necessary to live in this country.

Eagerly sought after by small manufacturing companies and farms for cheap labour, they are considered essential to stay competitive against rapid globalisation.

Activists also say Japanese employers easily get away without paying compensation or providing relief when foreign employees are injured during work on the grounds of the lack of documented visas or access to an established system where workers can report this abuse.

Indeed, Higaki was quoted in the media as saying the reason why he fled was because he feared ‘discrimination’ as a foreigner in Japanese courts.

”The charge is understandable,” said Morioka, who is lobbying hard, with the Japan Lawyers Association, for the government to pass legislation that will guarantee the right of foreigners to be treated equally in the host country.

Experts warn that resistance to accepting migrant workers on an equal basis in Japan can result in a host of social problems that can only be blamed on government policies.

According to Hidenori Sakanaka, a former justice ministry official, Japanese companies are desperate to take in foreign workers to make up for a drastic population decline that can only worsen in the coming years.

Japan needs immigrant workers because its own population is both aging and declining. In 2005, deaths outnumbered births by 10,000. From 2006 onwards, the population was projected to dwindle steadily with some projections saying that Japan’s population, currently standing at 127 million, could dwindle to around 100 million by 2050. (FIN/2007)

ENDS

Lucie Blackman’s alleged killer acquitted, given life for other crimes

mytest

Hi Blog. More Japanese judiciary at work. Brief comment (have to keep it brief tonight–done four speeches at ICU these past two days and have to work on the Powerpoint for tomorrow’s) and other articles follow:

========================
Serial rapist Obara gets life term
Developer acquitted in Blackman slaying but sent up over Ridgway’s murder
The Japan Times, Tuesday, April 24, 2007

http://search.japantimes.co.jp/cgi-bin/nn20070424x1.html
Compiled from AP, Kyodo

The Tokyo District Court acquitted wealthy property developer Joji Obara of the 2000 death and dismemberment of British bar hostess Lucie Blackman but sentenced him to life for the slaying of an Australian woman and a series of rapes nearly a decade ago.

Obara, 54, was charged with serial rape and the death of two foreign women — Blackman in 2000 in a case that became one of Japan’s most notorious sex crimes and raised concerns over the safety of women in night clubs and the sex industry here, and Australian Carita Ridgway in 1992.

Despite widely reported circumstantial evidence, Obara was cleared of all charges relating to Blackman. He was sentenced to life for nine other rapes, including the attack that led to Ridgway’s 1992 death — a case that may have gone unpunished, ironically, had Blackman’s disappearance not triggered suspicions that led to the accused.

Obara was charged with raping and fatally drugging Blackman, and mutilating and burying her body in cement in a cave near one of his seaside condominiums. But Presiding Judge Tsutomu Tochigi said there was “no evidence to link the suspect directly to” the dismembering and burying of her body.

Obara, a regular at bars in Tokyo where foreign women pour drinks for clients, was never charged with murder, but instead the lesser charge of “rape leading to death.”

Ridgway was a 21-year-old acting student who also worked as a bar hostess in Tokyo when, according to prosecutors, Obara gave her a drug overdose and raped her in 1992, and she died in a hospital. Her death, however, was not linked to the millionaire until Blackman’s disappearance years later.

Blackman was also 21 and working at a Tokyo night club in 2000 when she disappeared after telling a friend she was going on a drive with a male customer. Her dismembered body was discovered in a seaside cave near Obara’s condominium in Miura, Kanagawa Prefecture, in early 2001, her head encased in concrete.

Prosecutors had alleged that Obara invited Blackman to another of his condos in nearby Zushi in June 2000, drugged her and raped her after she fell unconscious. When Blackman died of a drug overdose, he dismembered her and buried her corpse steps away from the Miura condo, the charges said.

Obara claimed in testimony that Blackman took the drugs herself. His defense argued that no direct evidence has been presented by the prosecution to link Obara to her death, the cause of which remains unknown because of the nature of her remains.

Obara was convicted Tuesday for a string of other rapes, including two more involving foreign women he met at Tokyo hostess clubs. He videotaped many of the attacks.

He had met his victims at nightclubs, had drinks with them and then brought them back to his Zushi condominium, where he drugged them with alcohol and chloroform.

Obara pleaded innocent to all the charges.

While his defense said it has not been proven that Ridgway was drugged to death, Judge Tochigi determined that she died of acute hepatitis due to the intake of chloroform.

Blackman’s disappearance in July 2000 triggered one of Japan’s highest-profile hunts.

The Blackman family has repeatedly come to Tokyo to urge prosecutors and lawmakers to make Lucie’s case a priority, and called on the public to give police any potentially helpful information.

Lucie’s father, Tim, and his daughter, Sophie, were in Tokyo to hear the verdict. “The length of the process and so many years of waiting and wondering has been tough on the Blackman family,” the father said Monday after visiting the cave where Lucie’s body was found.

The verdict also comes as Japanese police are investigating another high-profile murder of a Briton last month.

Lindsay Ann Hawker, whose naked body was found in a sand-filled bathtub on the balcony of an apartment in Chiba Prefecture, was beaten and then suffocated, and police are still hunting for the prime suspect, Tatsuya Ichihashi, who lived in the apartment and had allegedly stalked the victim, who taught English for the Nova language school chain.
ARTICLE ENDS
======================

COMMENT: Japan has many famous “enzai” (framing) cases, where the police try very hard to make the case that someone is guilty, even with only circumstantial evidence.

One example here, the Eniwa Enzai Jiken:
http://www4.ocn.ne.jp/~sien/
http://stone2.at.infoseek.co.jp/eniwa.html
Other enzai cases here:
http://www.sayama-case.com/ring/ring.cgi
(Articles in Japanese)

And a brief on the case (old, no newer article found on JT site) here:

==========================
Murder arrest looms
The Japan Times, May 23, 2000
(page down past first article)
http://search.japantimes.co.jp/cgi-bin/nn20000523a5.html

SAPPORO (Kyodo) Police Monday were expected to arrest a 29-year-old former coworker of a woman whose charred body was found in Eniwa, Hokkaido, in March, on suspicion of murder and dumping a body.

According to police, a passerby found the charred body of Kaori Hashimukai, 24, from Komakomai, Hokkaido, on a street in Eniwa, on the morning of March 17.

The direct cause of her death was determined to be suffocation, and police suspect Hashimukai was burned at the scene after she was murdered.

Hashimukai had been unaccounted for since she left her office in the city of Chitose, near Sapporo, on March 16.

A police investigation found Hashimukai’s vehicle in a parking lot at JR Osatsu Station in Chitose near her office.

Her cellular phone, which was found in her office locker, was used after she was murdered, they said.

Police suspected someone familiar with Hashimukai committed the slaying, and they had been investigating her close friends.

The former coworker from the town of Hayakita, Hokkaido, whose identity was withheld, was with Hashimukai when she left the office the night of her disappearance, police said.

Meanwhile, the suspect filed a civil suit with the Sapporo District Court the same day demanding 5 million yen from the Hokkaido government for the emotional suffering caused by her questioning at the hands of police.

According to the lawsuit, the woman was placed under observation by investigators for roughly a month after police decided she was a possible suspect in the case.

She was admitted to the psychiatric unit of a hospital in Sapporo after being questioned over a 14-hour period as part of voluntary questioning sessions, the lawsuit said.

The former coworker, who was discharged from the hospital Monday, maintains in the lawsuit that she suffered mental anguish from the investigation, which she said was not based on objective evidence but was merely aimed at obtaining a confession from her.
ARTICLE ENDS
======================

She lost in District and High Court later on, thanks to police efforts to convict her…

And here’s today’s Japan Times news analysis raising the question (to me, anyway) about how Japan’s police keep faffing up cases of crime against foreign criminals:

======================

Approach to Blackman slaying hit, likened to Keystone Cops
Faulty police procedures seen foiling quick action, prevention
The Japan Times, Tuesday, April 24, 2007

http://search.japantimes.co.jp/cgi-bin/nn20070424f1.html
By JUN HONGO AND ERIC PRIDEAUX
Staff writers

After years of litigation closely watched around the world, the Tokyo District Court sentenced property developer Joji Obara to life in prison Tuesday for raping and drugging nine women, including Australian Carita Ridgway who subsequently died, but acquitted him of all the charges related to the death of Briton Lucie Blackman.

In the Blackman investigation, the highest profile of the 10 cases, despite pressure from the British government and frequent visits to Japan by Blackman’s family since her disappearance in July 2000, authorities were never able to assemble enough evidence to charge Obara, 54, with murdering the former stewardess-turned-Roppongi bar hostess. He denies the charge.

Blackman’s dismembered body was discovered in a cave on Kanagawa Prefecture’s Miura Peninsula in February 2001, about 200 meters from one of Obara’s many summer getaway homes.

Yet Obara has said prosecutors lack sufficient evidence to hold him responsible for Blackman’s death, the dismemberment of her body or any of the other charges.

“The court should give me the benefit of the doubt,” Obara, a once affluent property developer who fell down on his luck, said in a statement released after his counsel’s closing arguments in December.

But many informed observers disagree. One is former police officer Akio Kuroki, a 23-year Metropolitan Police Department detective who said that in the Blackman case, at least, the defendant stands firmly implicated.

“Everything points to Obara,” he said.

On July 1, 2000, Blackman, a 21-year-old hostess at the now-defunct Roppongi club Casablanca, went on an outing with a client from the club, telling her Tokyo roommates by cell phone that she would visit the beach with him and would not be late in returning.

She promised to call again within two hours, according to prosecutors.

That was the last time she was ever heard from. On July 3, the girlfriends received a phone call from a man identifying himself as Akira Takagi, saying that Blackman was in Chiba Prefecture and had joined a cult and was not planning to return, according to trial records.

The following day, the women alerted police that Blackman was missing, describing the phone call to the authorities. Prosecutors say the call was traced to a prepaid cell phone bought by Obara and that he placed the call.

Newspapers started publicizing Blackman’s disappearance on July 13. Prosecutors say that on July 20, the Azabu Police Station received a letter purporting to be written by Blackman, saying she had vanished on her own accord.

Similar letters would arrive in the following months, they said.

It was reportedly after the first letter arrived that police began a rigorous search of Roppongi.

That turned their suspicions toward a certain wealthy man who frequented the local hostess bars. But it would be months before Obara was arrested.

Several brushes with the law might have put Obara on investigators’ radar screens early on, but didn’t.

According to a May 2001 article in Time Magazine, in early October 1997, a young British hostess had shown up at her Roppongi job drugged and gravely ill after spending time with a man the article said was “now believed to be Obara.” Medical exams, the magazine said, indicated she had sustained liver damage.

Her boss, Kazuo Iizuka, took the woman to police on several occasions, urging her to file rape charges against the then-unknown assailant, but police refused to open a case because the woman was a hostess, according to the magazine.

Asked by telephone about the report, a Tokyo Metropolitan Police spokesman refused to comment, because, he said, “Those events occurred in the past.”

A police spokeswoman was also reluctant to provide details in a subsequent query.

In 1998, Obara, using a fake name, was arrested on a Wakayama Prefecture beach after slipping into a women’s restroom dressed in drag in an attempt to surreptitiously videotape a woman using the toilet. He was released after paying a 9,000 yen fine.

And five days after Blackman was last heard from, on July 6, 2000, police received a call from the manager of Obara’s condominium on the shores of the Miura Peninsula and were told of a tenant who had been making lots of noise in his unit the day before.

Prosecutors say police visited the apartment that evening and found Obara naked from the waist up, covered in sweat. Officers asked permission to look around his apartment and were allowed in. Chunks of cement were strewn near the entrance and around the apartment. Asked about this, Obara said he had been “removing tiles,” according to a trial transcript.

When officers requested access to the bathroom, Obara said, “You’ve already seen enough.” Upon further questioning, he grew agitated and the officers eventually left.

Besides the concrete debris, officers also glimpsed a bulky sack in the room and what appeared to be a gardening hoe.

As peculiar as that scene may seem in retrospect, Kuroki, the former detective, stressed that because the Miura police at that point were not even aware of Blackman’s disappearance, they had no reason to be more suspicious of Obara.

Article 35 of the Constitution protects citizens against police searches without “adequate cause.” Still, the Police Execution of Duties Law permits searches of “land, buildings and vehicles” when police “have sufficient reason to believe that a crime has been or is about to be committed” based on “suspicious circumstances.”

Kuroki is disappointed that prosecutors, who claim the sack may have contained Blackman’s dismembered corpse, failed to present any proof.

“Had the officers gone further into the apartment, they would have found solid evidence, and prosecutors could have charged Obara with murder,” Kuroki said.

That September, other victims came forward upon hearing of Blackman’s disappearance and identified Obara, a patron of hers at her hostess club, as someone who had date-raped them. Obara was arrested in October.

Although Blackman’s hair was found at Obara’s apartment in Zushi, Kanagawa Prefecture, none of her blood was, and he stayed mum while in detention.

It wasn’t until the following February that Blackman’s body was discovered buried at the seaside cave, each part encased in concrete and so badly decomposed that the cause of death could not be determined.

Questions also surround the investigation into the death of Ridgway, a 21-year-old Ginza hostess who, having taken ill, was dropped off by a man at a Tokyo hospital. The Australian woman was diagnosed with acute hepatitis and died two weeks later.

Although the man accompanying Ridgway had identified himself as Akira Nishida, prosecutors say a hospital receipt found in Obara’s home after his arrest identifies him as the man in question.

After Obara’s arrest, tests were conducted on Ridgway’s liver, a part of which had been preserved. Prosecutors and news reports say that toxic levels of chloroform were behind the death, but according to medical expert testimony during the trial, it was impossible to prove what triggered the onset of acute hepatitis.

Obara is reported to have kept extensive records of sexual encounters with women. According to respected Australian newspaper The Age, an entry found in a confiscated Obara diary contains the name Carita Ridgway, and beside that, “Too much chloroform.”

Obara disputes any suggestion that he poisoned the woman, and said in his December statement, “It is believable that Ridgway died from shellfish poisoning.”

Details have gradually emerged about Obara, including allegations that he had a penchant for filming the rape of drugged women. Police say the person in the video committing those acts appears to be him in a mask. Yet evidence to substantiate murder charges appears to be lacking.

A tabloid, however, alleged some of the videos show the arm of another male who may have been involved. This man was missing a pinkie and had a tattoo, but no other suspect has been named in the case.

Although professing his innocence, Obara paid Blackman’s father, Timothy, a large sum of money allegedly so he would be less vocal about the case, and also offered money to Lucie’s divorced mother, but she refused.

The way police handled the Blackman and Ridgway deaths appear remarkably similar to that of Lindsay Ann Hawker, a 22-year-old Briton found slain last month.

The suspect in that murder, Tatsuya Ichihashi, 28, gave several officers the slip at his Chiba Prefecture apartment, where Hawker’s strangled corpse was found in a disconnected tub full of sand on his balcony.

He had allegedly been stalking Hawker, an English teacher at a Nova school, and she had agreed to go to his apartment to give him a private lesson.

Although police claim their team was properly positioned when they went to question Ichihashi on Hawker’s disappearance on March 26, he managed to bolt down a fire escape and remains at large.

As in the Blackman case, human limitations appear to play a part in the failure by police to convincingly pin the crime on a suspect.

But Tomomi Ando, a lawyer of 24 years, said that as in the Blackman case, limitations on how far police can carry out their initial search may have been a factor in their failure to nab Ichihashi.

“Since both (Obara and Ichihashi) were not (formal) suspects at that point, it would have been a misuse of authority and an illegal investigation if they probed further,” Ando said.

Either way, he said, in both cases, police could have been more suspicious and modified their tactics while still remaining within the scope of the law.

“It’s no simple matter,” Ando said. “Police might not have not been able to ransack the apartments, but it was possible for them to place officers appropriately (in the Ichihashi search) to avoid a getaway or strengthen their surveillance of Obara.”

=====================

For more stories related to the Lucie Blackman case on the Japan Times, click here

Arudou Debito in Musashisakai, Tokyo

Joe Jones on surrogate mothers and J citizenship (UPDATED)

mytest

Hi Blog. In his fascinating new JAPAN LAW blog by friend Joe Jones (of Mutantfrog blog fame), charting developments which interest the foreign lawyer (gaiben) community, we have yet another facet of Japanese citizenship up for dispute. The trend for infertile couples to seek Surrogate Mothers (i.e., and at the risk of sounding a bit crass: borrowing another woman’s womb to bring a child to term after in vitro fertilization and surgical impregnation).

Japan’s Supreme Court recently ruled that the woman giving birth, not the woman who contributed her DNA, is to be recognized as the legal mother. Now throw in the new question of paternity (“he’s my dad, but she’s not my mom… er, what?”) and you have yet another forehead-slapper from our ever-sagacious judiciary.

Defeats the whole purpose of Surrogate Motherhood, in my view, and throws in extra monkey wrenches should Japanese wish to use extranational surrogates to help with Japan’s low birthrate. (This is precisely what happened; see article from China Post below Joe’s writeup.)

The Japanese government (and the popular public) has long had the unofficial attitude that the uterus is the Property of the State, not the property of the mother (shikyuu (or hara) wa karimono) (See also “WOMENSWORD” by Kittredge Cherry, p 87-88). So I guess this is the next logical extension.

I blog this even though it is not really a foreigner issue (except to say people had better not outsource overseas if they want their babies to have Japanese nationality, let alone legal ties to mom). But definitely a citizenship issue in Japan. And it’s a great excuse to notify readers of Joe Jones’s new blog.

UPDATE APRIL 12: AND NOW WITH THE PARENTS REFUSING TO REGISTER THEIR CHILDREN, IT *HAS* BECOME A FOREIGNER ISSUE–BECAUSE THEIR CHILDREN HAVE BEEN DENIED JAPANESE CITIZENSHIP. SEE UPDATE AT VERY BOTTOM

Turning the keyboard over to Joe:

===================================
Surrogate children are the children of the surrogate
Posted by Joe Jones under Family Law, Supreme Court

The Supreme Court ruled on March 24 that children born to a surrogate mother are not legally the children of their biological parents. The Court came to this conclusion based on the Civil Code provision (art. 772) that maternity is recognized by giving birth to the child. The Court also deemed that enforcing a US court order which reached the opposite conclusion would violate public policy. (PDF of decision in Japanese) This overturns a Tokyo High Court ruling passed down in October, which recognized the parental rights of the biological parents.

The story here is not that the Supreme Court is against surrogate parents. Rather, they give priority to strict construction of the Civil Code, which was drafted long before surrogate parenting was on the horizon. This viewpoint almost invites the Diet to pass a new statute to fill out this hole… an especially likely proposition when you consider that the mother of these children is a TV personality who will probably push for public support. Prime Minister Shinzo Abe is being characteristically mum about the whole thing, however, so this may require more publicity before it moves forward.

Why not adopt? For one thing, the children’s “natural mother” would forever be recorded in the family’s koseki (family register), the document which evidences their relationship. Paternity may be an interesting issue as well. Under the Civil Code, there is a presumption that a child was sired by the husband of its mother. The mother’s husband may disavow paternity, and another man may claim paternity, but either claim must go through the Family Court, one of Japan’s more well-traveled bureaucratic nightmares. Until the paternity of the biological father is established, the children may not even be construed as Japanese citizens.

See PDF of the decision at
http://www.redhead.jp/japanlaw/2007/04/03/surrogate-children-are-the-children-of-the-surrogate/

============================

Japan court rejects surrogate twins
The China Post 2007/3/24
By Carl Freire TOKYO, AP
http://www.chinapost.com.tw/news/archives/asiapacific/2007324/105406.htm

Japan’s Supreme Court on Friday rejected a lower bench’s ruling that would have allowed a Japanese couple to register their twin sons — born in the United States to an American surrogate mother — as their own.

The nation’s top court struck down a September 2006 Tokyo High Court decision ordering a local government to accept Aki Mukai, a television personality, and her husband Nobuhiko Takada’s registration of their two boys, according to a copy of the ruling posted on the Supreme Court’s Web page.

The Supreme Court cited in its decision a Japanese law that presumes the woman who gives birth to a child is its mother.

Surrogate births involve removing an egg for fertilization and implanting it in another woman who carries the baby to birth. Mukai can no longer have children of her own after undergoing a hysterectomy because of cancer.

Friday’s ruling upheld a November 2005 Tokyo Family Court verdict that found in favor of the local government’s decision to reject their registration request. Local authorities had refused to register the twins because the Justice Ministry said Mukai could not be recognized as the boys’ mother.

In a message on her Internet home page, Mukai said she had “expected the Supreme Court to hand down a conservative ruling,” but added she wanted to reserve further comment until she had a chance to study it more closely.

Prime Minister Shinzo Abe said the case highlighted the need for discussion and debate.

“How we should think about the parent-child relationship is a fundamental problem for us as human beings,” Abe told reporters Friday evening.
============================
ENDS

UPDATE APRIL 12, 2007

TV show Tokudane this morning did a long report on Mukai Aki and Takada Nobuhiko, the plaintiffs in the abovementioned cases.

The news is that they refused to file paperwork to acknowledge the paternity of husband Takada over their two children within a deadline, which was today.

Meaning that now they are the proud parents of two American (and only American) citizens, since the courts have refused Mukai maternity status, and there is no other way to establish citizenship (except by legal adoption) through the Koseki system.

They refused to file the paperwork because, according to the show:

1) The mother of the children would be listed as “Cindy” (the surrogate), not Mukai Aki.
2) “Cindy” legally relinquished all ties to the children, and a Nevada court established the full parentage of Mukai and Takada over the twins.
3) They promised both Cindy and the courts that “Cindy” would be fully left out of future proceedings.
4) The inability of Japanese courts to uphold Nevada court rulings (based upon Meiji-Era laws which are based upon ancient ways of establishing parentage (since modern methods, such as DNA testing, didn’t exist) would make registering “Cindy” an illegal act (in Nevada), and the breaking of a promise made to “Cindy”.

So they will raise their children as Japanese with American citizenship.

As the show pointed out, this means:

1) The children (now three years old) must get visas, and keep renewing them.
2) The children must register as foreigners, and carry Gaijin Cards 24-7, or face criminal charges, once they reach Junior-High age.
3) The children have no automatic right to compulsory education (gimu kyouiku), guaranteed only to citizens in Japan.
4) The children cannot vote.
5) The children cannot participate in the political process.
6) The children have no automatic inheritance rights (short of the parents writing a Will).

Now my opinion. I’m very proud of Mukai and Takada standing up for themselves like this. The ruling, as I mentioned above, is ludicrous. And it may inspire lawmakers to update the citizenship laws to reflect modern realities.

Moreover, this case (attracting great attention due to the couple’s celebrity status) might even point out out what a raw deal foreigners have in Japan (particularly regarding education and inheritance), even if they ARE born here.

Debito in Sapporo

SOME REFERENTIAL LINKS:
Japan Times Saturday, March 24, 2007 Top court: No registry for pair born to surrogate
http://search.japantimes.co.jp/cgi-bin/nn20070324a3.html

Japan Times Wednesday, Apr. 4, 2007 READERS IN COUNCIL Shoddy ruling on baby twins
http://search.japantimes.co.jp/cgi-bin/rc20070404a4.html

Tokyo High Court’s reasoning in 2005 when rejecting Mukai and Takada’s case (basing it more upon public morals than maternity issues):
Japan Times: Tuesday, May 24, 2005 “High court rejects registering babies by surrogate mother”

Presiding Judge Sota Tanaka of the Osaka High Court: “Surrogate birth poses a serious humanitarian concern as it treats a person as a reproductive tool and causes danger to a third person through pregnancy and giving birth. The contract for such surrogate births violates public order and morals and is invalid, as it could cause a serious feud over the child.”
http://search.japantimes.co.jp/print/nn20050524a5.html

ENDS

入店不可「純血日本人のみ」看板、帰化者入店拒否、外国人男根用心マンニュアル

mytest

ブロクの皆様こんにちは。有道 出人です。いつもお世話になっております。

さてと、きょうのラインアップは以降の通りです:

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1)越谷市で入店不可看板:中国人、帰化人、残留孤児、中国系混血人児。純血日本人のみ
2)広島市で帰化した東南アジア系の日本人でも入店拒否
3)「女子学生堕落マニュラル」で「外国人生殖器の違い」など
4)2ちゃんねる:「死刑になるなら敗訴賠償金を払うが」(読売)

/////////////////////////////////////////////////
By Arudou Debito
March 22, 2007
https://www.debito.org/nihongo.html
リアルタイムアップデートなら私のブログへどうぞ
https://www.debito.org/?cat=8

/////////////////////////////////////////////////

1)越谷市で入店不可看板:中国人、帰化人、残留孤児、中国系混血人児。純血日本人のみ

私の店舗前に掲げる「外国人お断り」の看板のコレクションが増えつつあります。しかし、先日、唖然とするくらいの排他的な看板を記者に送付されました。

===========================
入店不可
中国人&帰化人、残留孤児、中国系混血人児、接待に入店禁止、純血日本人男児のみ。

===========================
edensign03070721.jpg
店舗「エデン」
埼玉県越谷市越谷2ー3
Phone: 048-964-8852
http://www.k-eden.com
看板の写真は
https://www.debito.org/roguesgallery.html#Koshigaya

これは「アダルト・ストア」だそうですが、この看板が掲げ続けられると、「中国人の血が汚点だ」が公に助長されるのにちがいません。ましてや「帰化人」なら無論日本国憲法違反ですね。放置されると模倣を促進すると思います。どうぞ事情を調べて下さい。

同様に…

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2)広島市で帰化した東南アジア系の日本人でも入店拒否

場所「CLUB サマ サマ」
住所 広島市中天地1ー2 広島代ビル3F
電話 082ー246ー2320
看板は
===========================
 暴力団及びその関係者の方、風俗者、風俗関係者、酩酊者、18歳未満の未成年者、当店でトラブルのあった方、外国人の方、プロモーターの方の入店は固くお断ります。入店後発覚した場合、即退場して頂きます。御料金は返金致しません。
またそれ意外の方でも、当店の判断でお断りする場合もありますので、ご了承下さい。

===========================
samasamasign1.jpg
https://www.debito.org/roguesgallery.html#Hiroshima

但し、この規則に反していない人も外見のみで退場させられました:

入店拒否された東南アジア系帰化した日本人より本文:
===========================
 「ご無沙汰しております。昨日、広島で人権講演の仕事があって(2007年3月 8日)、その前の日(7日)から入っていました。男性友人(いわゆる日本人)二人と食事をしてその次に広島の繁華街にあった紹介所を訪れました。紹介所で は「インドネシアの女性がいる店でも良いか」と聞かれて「良い」と返事をしました。しばらくすると、そのインドネシアの女性などがいる店【サマ サマ】の 従業員が来て私たちを案内してくれた。そしてお店の中に入りました。

 「入って座るやいなや奥の方から男性が走って来て「すみなせん、外人は駄目なん です」って言いました。私はたまたまパスポートを持っていたので「国籍は日本人なんですよ」って言いました。でも「見た目が外国人なので退室してくださ い」って言われました。そして店の外に出された後に、店の外に書いてあった看板を見せられました。そこには、外国人が断りと書いてあった。写真を取ろうと したときに邪魔されましたで少しぶれていますが、その写真も添付いたしました。いかがいたしましょう。」
===========================

帰化も効かないならば、帰化は無意味となるではないでしょうか。阻害された人に弁護士を推薦しましたが、もし直接取材などをしたければ、どうぞ私にご連絡下さい。debito@debito.org. 転送させていただいきます。

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3)「女子学生堕落マニュラル」で「外国人生殖器の違い」など

当単行本はいかに科学的研究法に従っていない分析で笑いたいですが、大変真面目に読まれたいマンニュアルです。1995年に「非行問題研究会」に出版され、未だにアマゾンなどで発売中です。
darakumanual001.jpg
内容は(抜粋):
===========================
外国人との交際法:
人種別ペニスの違い:日本人…白人…黒人…アラブ人(馬なみ!!)(イラスト付き)
外国人の困るところ:
体臭がきつい 気性が激しい セックスがしつこい お金を持っていない
ジャンキーが多く危険

===========================
darakumanualpenises.jpg
スキャンしたページはこちらです。
https://www.debito.org/joseidarakumanual.html

これと「外人犯罪裏ファイル」と同様に「言論の事由」で保護されていますか。

/////////////////////////////////////////////////

4)2ちゃんねる:「死刑になるなら敗訴賠償金を払うが」(読売)

「死刑になるなら払う」2ちゃんねる管理者、賠償拒否
3月20日10時42分配信 読売新聞
http://headlines.yahoo.co.jp/hl?a=20070320-00000301-yom-soci
https://www.debito.org/?p=280

 インターネット掲示板「2ちゃんねる」への誹謗(ひぼう)中傷の書き込みなどを巡り、名誉棄損訴訟などで相次いで敗訴している管理者・西村博之氏(30)が19日、東京地裁で開かれた民事訴訟に出廷した。

 西村氏は閉廷後、報道陣に対し、過去の訴訟で確定した賠償金などについて、「支払わなければ死刑になるのなら支払うが、支払わなくてもどうということはないので支払わない」などと、支払いの意思がないことを明らかにした。

 西村氏は、これまでに全国で50件以上の訴訟を起こされ、その大半で敗訴が確定。未払いの賠償金や、裁判所の仮処分命令に従わないことに対する制裁金が少なくとも計約5億円に上るとされるが、西村氏が自ら支払いに応じたケースはほとんどない。その理由について、西村氏は「踏み倒そうとしたら支払わなくても済む。そんな国の変なルールに基づいて支払うのは、ばかばかしい」と話した。
ends
=========================

クイックコメント:西村氏は大人ですか。こういう議論は大人気ないですね。

私と2ちゃんねるの関係のいきさつは
https://www.debito.org/2channelsojou.html
https://www.debito.org/?cat=21

/////////////////////////////////////////////////

きょうは以上です。いつもお読みいただきありがとうございました。
宜しくお願い致します。有道 出人
debito@debito.org
https://www.debito.org
March 22, 2007
ENDS

Yomiuri on 2-Channel’s Nishimura: “I’ll pay court damages only if sentenced to death”

mytest

Hi Blog. 2-Channel’s Admin Nishimura Hiroyuki, now millions of dollars in the hole in terms of court penalties, just keeps the ball right on rolling. According to today’s Yomiuri, he won’t follow court orders unless there’s the threat of execution. Otherwise, he feels no compulsion. Is this a case of celebrity-status-induced insanity, or is this guy just a child when it comes to social responsibility?

Translating the Yomiuri article myself. The Japanese original is available at https://www.debito.org/?p=280
More background on how it connects with me at
https://www.debito.org/?cat=21
https://www.debito.org/2channelsojou.html
Debito in Sapporo

=================================

“I’LL PAY IF SENTENCED TO DEATH”: 2-CHANNEL BBS ADMIN, REFUSING TO PAY COURT PENALITIES

Yomiuri Shinbun March 20, 2007

Nishimura Hiroyuki, 30, administrator of 2-Channel Internet BBS, appeared in Tokyo District Court on March 19 for a civil case against him. His site has been the scene of many malicious email posters, and Nishimura has lost successive lawsuits for libel.

After the hearing, when asked for comment by a media contingent regarding his unpaid court penalities, he said: “If I would be put to death for not paying, I would. But nothing’s going to happen to me if I don’t pay, so I won’t.” He made very clear his intention not to pay in future.

Nishimura has up to now been the defendant in more than 50 civil suits nationwide, and the great majority of them have been losses for him. Unpaid damages and penalties assessed for not following injunctions and court rulings have now amassed to around 5 million dollars US. However, Nishimura has hardly ever paid up. Justifying this, Nishimura said, “If you turn deadbeat, nobody’s going to make you pay. With rules as stupid as this country has, it would be idiotic to pay up.”
ENDS
=================================

Er, I’ve said this before, but I’ll say it again:

Huh?

Debito

読売:「死刑になるなら払う」2ちゃんねる管理者、賠償拒否

mytest

「死刑になるなら払う」2ちゃんねる管理者、賠償拒否
3月20日10時42分配信 読売新聞
http://headlines.yahoo.co.jp/hl?a=20070320-00000301-yom-soci

 インターネット掲示板「2ちゃんねる」への誹謗(ひぼう)中傷の書き込みなどを巡り、名誉棄損訴訟などで相次いで敗訴している管理者・西村博之氏(30)が19日、東京地裁で開かれた民事訴訟に出廷した。

 西村氏は閉廷後、報道陣に対し、過去の訴訟で確定した賠償金などについて、「支払わなければ死刑になるのなら支払うが、支払わなくてもどうということはないので支払わない」などと、支払いの意思がないことを明らかにした。

 西村氏は、これまでに全国で50件以上の訴訟を起こされ、その大半で敗訴が確定。未払いの賠償金や、裁判所の仮処分命令に従わないことに対する制裁金が少なくとも計約5億円に上るとされるが、西村氏が自ら支払いに応じたケースはほとんどない。その理由について、西村氏は「踏み倒そうとしたら支払わなくても済む。そんな国の変なルールに基づいて支払うのは、ばかばかしい」と話した。
最終更新:3月20日10時42分

=========================

クイックコメント:西村氏は大人ですか。こういう議論は大人気ないですね。有道 出人

Yomiuri: 2-Channel’s lost lawsuits pile up; now 43!

mytest

Hi Blog.  A roundup of the trouble that 2ch is making for Japan’s judiciary.  One of those 43 unresolved lawsuits happens to be mine.  More on that at
https://www.debito.org/?cat=21
https://www.debito.org/2channelsojou.html
Arudou Debito in Tatebayashi

/////////////////////////////////////////////////////////
Message board owner has lost 43 lawsuits
The Yomiuri Shimbun Mar. 6, 2007

http://www.yomiuri.co.jp/dy/national/20070306TDY03005.htm

Hiroyuki Nishimura, the operator of the nation’s largest Internet message board, 2channel, has lost at least 43 of more than 50 civil lawsuits filed against him in Tokyo and elsewhere over defamation and other charges, according to a Yomiuri Shimbun survey.

Nishimura, 30, has been ordered to pay a total of about 58 million yen in damages, but has defied court orders by failing to pay most of it, and as a result has been fined the equivalent of about 880,000 yen a day, or more than 434 million yen cumulatively.

It appears Nishimura has not complied with any orders for payment of damages, meaning most of the plaintiffs have not received compensation despite winning lawsuits.

Observers have pointed out that this illustrates the lawlessness on the Internet and the limits in terms of judicial action that can be taken against those who break the law online.

Since 2001, more than 50 lawsuits have been filed against Nishimura with the Tokyo District Court alone. Nishimura’s defeat in court was finalized in 40 of the cases, as well as in respect of lawsuits filed with the Sapporo, Osaka and Kobe district courts.

In the lawsuits, the plaintiffs called for the deletion of content on the discussion board, the disclosure of information on message writers and the financial compensation from Nishimura over his neglect to eliminate problematic writings.

In a libel case filed by a Tokyo animal clinic operator in July 2001 over a post that described the clinic as “nasty,” Nishimura was ordered to pay 4 million yen in damages. The ruling has been finalized.

In a case filed by a Hokkaido associate professor in January last year seeking damages over messages that denounced him as racist and psychotic [guess who], Nishimura was ordered to pay 1.1 million yen in damages. The court ruling to that effect was finalized.

In many of his trials, Nishimura neither employed a lawyer nor attended hearings, resulting in the court handing down decisions all in favor of the plaintiffs. Nishimura rarely appealed the rulings.

According to the Yomiuri survey, Nishimura complied with court orders for removing messages in 11 cases and disclosing information in three cases.

But he has not paid up in any of the 21 cases in which he was ordered to pay damages.

As a result, the plaintiffs in nine of the cases filed for court orders for the seizure of Nishimura’s assets. But the plaintiffs could secure only 3 million yen in four cases.

The seizure of Nishimura’s assets did not prove successful because it has proved hard to trace his bank accounts, and even when his accounts were found, there was little money in them.

Another reason is because the court was told by a company at which Nishimura served as director of the board that it did not pay him remuneration.

Those libeled on the forums have filed for provisional injunctions ordering the removal of certain posts and the disclosure of information on their authors. If the defendant does not follow a court ruling or provisional injunction order, the court, based on the demands by the plaintiff, can order the defendant to pay a daily fine until he or she complies with the order.

Such system has been applied to Nishimura in five cases. He is now obliged to pay about 880,000 yen a day. As of March 1, the cumulative fines came to 434 million yen.

The Yomiuri Shimbun has sent e-mail requests to Nishimura since late last month asking him for an interview, but had received no response as of Monday.

Nishimura started 2channel in 1999 while he was studying in the United States.

The message board is subdivided into various categories in which people can write on any topic anonymously.

(Mar. 6, 2007)
ENDS

Otaru Onsens “Japanese Only” sign incorporated into video game

mytest

Well, here’s a surprise. Incorporated into an online video game (a first-person shoot ’em up called “Counter Strike, Condition Zero”, one of the most popular, with customizable characters, weapons, and backgrounds), here is a scene where our hero gunman faces a door with a “JAPANESE ONLY” sign.

Believe it or not, that is a copy and paste from the Otaru Yunohana Onsen sign (up between 1998 and 2000), defendant in a lawsuit for racial discrimination between 2001 and 2004 (which it lost). More on that here. (I was one plaintiff in that case.)

Here’s a screen capture of the scene (click thumbnail for larger image):
gamejosign.jpg

Here’s a picture of the original Japanese Only sign, for comparison’s sake:
onsenyunohanasign.jpg

BTW, the scene apparently didn’t make the final cut.
http://www.geocities.jp/palaceofdune/cscz2/list1.html
(Japanese text)

Amazing to think how far this case and lawsuit has entered the popular culture. Not only has it been featured on entrance and final exams for law degrees in Japan, I’m told it also has been cited as one of the twenty most influential postwar law cases in a Waseda University law publication, not to mention overseas textbooks studying Japanese law.

Now it’s been slipped into a video game? I wonder if as the gunman character I could have used the gun to shoot the sign up. Oh, well, I can dream, can’t I?

Thanks to Dan for notifying me. I wonder what’s on the other side of that doorway… Not me I hope. 🙂 Debito in Sapporo

Metropolis on J int’l child abductions

mytest

Hi Blog. An update (thanks to Metropolis for defying the general trend of the media, which usually takes up an issue and then drops it without conclusion because it is no longer “fresh news”) on Japan’s record regarding child abductions after the breakup of international marriages. One year later, pretty scant progress.

I will say that there is a documentary movie in the works on this case. I can’t give you more details at this time, but I will when the directors are good and ready.

More on Murray Wood’s Case at the Children’s Rights Network website at http://www.crnjapan.com/people/wom/en/. Kudos to the Canadian Government for doing their job–actually helping out their citizens overseas. Debito in Sapporo

=============================
Remember the Children
One year on, has anything changed in the fight against international child abduction?
Metropolis Magazine, January 19, 2007

http://metropolis.co.jp/tokyo/recent/globalvillage.asp
http://metropolis.co.jp/tokyo/669/globalvillage.asp

Last January, Metropolis publicized the plight of parents fighting for access to children abducted by Japanese spouses. A year on, few can report any progress.

It’s been more than two years since Canadian Murray Wood’s children were abducted to Japan by his ex-wife, Ayako Maniwa-Wood. Any hope for the quick return of son Takara, now 12, and daughter Manami, 9, faded last January after a year-long battle in the Japanese courts ended in failure.

“The first year was a mad frenzy of documentation and court proceedings,” Wood says. “The second year was quieter. My family and I were exhausted and still emotionally drained.”

Not a day goes by that Wood doesn’t think of his kids, and worry about how they are coping with life separated from one half of their family. But it’s only recently that he’s started to realize that Takara and Manami are not the same children he kissed goodbye at Vancouver International Airport in November 2004.

“Now that it has been two years I find myself confronting the fact that we have been excluded from each other’s lives for a really long time,” Wood says. “It breaks my heart to think about how much they must have changed since the last time we were together.”

However, the passing of time has served to harden Wood’s resolve, not weaken it. “The harm this situation is inflicting on the children is increasing with time,” he says. “We cannot, and we will not, give up.”

Wood’s is just one of the 31 active cases of child custody and family distress that the Canadian Embassy is currently dealing with in Japan, a sharp increase from the 21 active cases a year earlier.

“With increasing globalization, the issue of parental child abduction is becoming more prevalent and problematic as the number of international marriages and divorces rises,” said an embassy spokesperson. Canadian officials are discussing ways to address the issue with Japanese authorities, but progress has been limited.

As we reported 12 months ago, no Japanese court has ever caused a child abducted to Japan by a Japanese parent to be returned to the child’s habitual residence outside Japan. Part of the problem is that Japan is not a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, which works to ensure the prompt return of abducted children to their country of habitual residence.

There is no reason to hope for change any time soon: Japan’s Ministry of Foreign Affairs says it is still studying the document, more than 25 years after its inception. “Japan continues to be a haven for international child abduction, and I see no sign of any improvement,” says Jeremy D. Morley, a New York attorney who specializes in international child custody cases. The problem, he says, goes much deeper than simply the ratification of a document.

“The Hague Convention requires that each signatory country have effective courts that can issue prompt, fair and non-discriminatory orders that are then promptly enforced,” Morley explains. “For this reason, Japan would likely be in default of the convention shortly after its effective date.”

In addition, Japanese custody laws differ substantially from those of other developed countries—another reason that consideration of the document is taking so long, according to the Ministry of Foreign Affairs.

“In custody matters, the Japanese system merely rubberstamps the status quo,” Morley says. That means the parent that has physical possession of the children is guaranteed legal custody, and since parental child abduction is not a crime in Japan, the result is a system that indirectly encourages abduction. “It is ‘finders keepers, losers weepers’ in its rawest and most cruel form,” Morley says.

“The concept of dual custody is totally alien to them,” adds Briton David Brian Thomas, co-founder of the Children’s Rights Council of Japan, a volunteer child advocacy organization whose motto is “the best parent is both parents.”

Thomas’ Japanese wife abducted their two-year-old son, Graham Hajime, in November 1992 from their home in Saitama. Although Thomas is still legally married to the woman, something that should give him access to the child, the reality has been quite different: he hasn’t seen him in almost 15 years.

The boy turns 16 this month, an age when psychologists say children ask more and more questions about missing parents. “That’s why I stay in Japan,” Thomas says. “Some people ask me why I don’t just go back to Great Britain and start over, but then how could he access me?”

Although Thomas knows where his son lives and goes to school, he hasn’t tried to approach him, as that could hurt things more than help them. “It would defeat the whole purpose of what I’m trying to do by staying here,” he says.

Wood also knows his children’s whereabouts, and while desperation has sometimes driven him to think of going to Japan to take them back, he knows that is not an option. “Re-abducting the children would do even more damage to them,” he says. “Who would they be able to trust then?”

Instead, Wood and his family send letters, cards and gifts, and post messages to the children on the internet. They also try via email to encourage Wood’s ex-wife to allow Takara and Manami to get back in touch with them.

“Ayako has a responsibility to help the children re-establish contact with their Canadian family, and I will ensure that she and everyone around her is aware of that responsibility,” Wood says. While he doubts his struggle to access his kids will be over any time soon, he remains optimistic that as they get older, they will come to understand what has happened to them and eventually find a way back to him.

“The children will find out the truth,” he says. “And when they do, I hope they will know that we are here for them.”

==================

Support the Cause

The International Rights of Children Society http://www.irocs.org
Children’s Rights Council of Japan http://www.crcjapan.com
Children’s Rights Network Japan http://www.crnjapan.com
Original Metropolis article: http://metropolis.co.jp/tokyo/618/feature.asp
ENDS

NEWSFLASH: 2chan Comments in Wake-Up Plus TV and Sunday Mainichi

mytest

Hi Blog. Quick notice on two upcoming media events you might want to keep an eye on, as the 2-Channel media attention steps up a few more rungs:

==================================
“WAKE UP PLUS”, Yomiuri TV, Saturday January 20 8AM
If you can get up in time, there will be a report on 2-Channel, and comments from me.

If you can’t get up in time, my comments which were aired January 16 are visible at YouTube
http://www.youtube.com/watch?v=SpRfhR02T6k
Comments should be the same. NTV asked for my permission yesterday to recycle them. I said sure, and added there’s a lot more where they came from.
==================================

==================================
SUNDAY MAINICHI Weekly
Called this morning, got some comments, should be in their issue on sale Tuesday, January 23.
==================================

More to come. Debito

2ちゃんねる:読売テレビとサンデー毎日報道

mytest

NEWS FLASH
ブロクの皆様、取り急ぎ載せますが、NEWS FLASH 1/20(土)の読売テレビ(NTV)の「ウェクアッププラス」(午前8時から放送)とサンデー毎日(1/23)をご覧下さい。2ちゃんねるの件についてコメントが報道されるようです。

宜しくお願い致します。有道 出人

関連記事
2ちゃんねるが注目を集めている、サイバーテロがdebito.orgを標的する、16日NTV放送 (youtubeへリンク)
https://www.debito.org/?p=169

東京スポーツ:「2ちゃん閉鎖騒動・逆手に大儲け」
https://www.debito.org/?p=172

毎日:2ちゃんねる:書き込み者を名誉棄損で告訴 神奈川の学校
https://www.debito.org/?p=167

ZAKZAK: 2ch管理人に破産申し立て…35歳被害者が手続き
https://www.debito.org/?p=168

ENDS

2ちゃんねる:16日NTV放送(youtube), debito.orgがサイバーテロ標的

mytest

(ブログの皆様、取り急いた日本語のメーリングリストへのお知らせを載せます。日本語が乱れてすみません。有道 出人)

From: Arudou Debito
Subject: NEWS FLASH:2ちゃんねるが注目を集めている、今夜NTV放送

皆様こんばんは。有道 出人です。このメールは普通のdebito.orgのメールではなく、debito.orgは不通になってしまいました。なぜなら、サイバー・テロでやられて、ダウンになりました。そのことについて以下詳しく申し上げますが、取り急ぎのことを先に述べさせていただきます。早速書いてしまいますので、下手な日本語をお許し下さい。

///////////////////////////////////////////////////////////
1)今夜(16日)23:05より、NTV「ニュースゼロ」で
  2ちゃんねるについて有道 出人とのインタビューが放送
2)夕刊フジによって「2ちゃんねるのXデー」の噂によって
  違う裁判の原告の有道 出人はヘートメイルの標的となり
  サイトのdebito.orgがやられた
3)ちなみに、毎日新聞の2ちゃんねるについての元旦特集記事
///////////////////////////////////////////////////////////
January 16, 2006

///////////////////////////////////////////////////////////
1)今夜(16日)23:05より、NTV「ニュースゼロ」で
  2ちゃんねるについて有道 出人とのインタビューが放送

今晩さっき、STVとのインタビューを受けていただいて、当番組で私、2ちゃんねるの誹謗の標的になった原告としていきさつを指示します。youtubeでどうぞご視聴下さい。
http://www.youtube.com/watch?v=SpRfhR02T6k

詳しくは
https://www.debito.org/2channelsojou.html
このサイトがアクセスすることを祈っています。きゅう、サイバーテロ(cyber terrorism)の標的となって、ダウンになりました。

///////////////////////////////////////////////////////////

2)夕刊フジによって「2ちゃんねるのXデー」の噂によって
  違う裁判の原告の有道 出人はヘートメイルの標的となり
  サイトのdebito.orgがやられた

先週、この記事が載りました:

====================
ユーザーショックノ2ちゃんねる、再来週にも強制執行
昨年11月に早大で講演した「ひろゆき」。ついに追い込まれることにノ
http://www.zakzak.co.jp/top/2007_01/t2007011201.html”>http://www.zakzak.co.jp/top/2007_01/t2007011201.html
 ネット界激震!! 賠償命令を無視し続けてきた日本最大の掲示板「2ちゃんねる」(2Ch)の管理人、西村博之氏(30)の全財産が仮差し押さえされることが12日、分かった。債権者が東京地裁に申し立てたもので、対象となるのは西村氏の銀行口座、軽自動車、パソコン、さらにネット上の住所にあたる2Chのドメイン「2ch.net」にまで及ぶ見込み。執行されれば掲示板の機能が一時停止するのは必至だ。
 12日午前、仮差し押さえを申し立てたのは、西村氏に対して約500万円の債権を持つ東京都の会社員の男性(35)。
 男性は2Ch上で自身や家族の実名、住所を晒され、「人間の屑」「ネットストーカー」などと誹謗中傷されたため、昨年8月、管理人の西村氏を相手取り、東京地裁に書き込み者の情報開示を求める申し立てをした。
 西村氏が出廷してこないまま同9月に開示を命じる仮処分が出たが、何ら対応が得られないため、間接強制で1日5万円ずつ制裁金を科すこととなった。それでも西村氏の法廷無視は続き、決定から100日を経て債権は500万円に膨れあがった。
 夕刊フジ既報の通り、西村氏は一切の賠償命令を意識的に無視し続けている。昨年11月の講演会では「子供の養育費の踏み倒しと同じ。賠償金を払わせる方法はこれ以上ない。イヤなら法律をつくればいい」と強弁した。
 強気の背景には、何ら差し押さえられるはずがないという自信があるとされる。西村氏には固定資産がなく、給与の流れも不明なので、一般的な差し押さえは無理。弁護士が銀行口座を探り当てるなどしてきたが、西村氏も海外に資産を移すなど対抗策を講じてしまい、どの債権者も手をこまねいているのが現状だ。関係者によれば「(西村氏は)時効成立まで逃げ切るつもり」だという。
 男性も西村氏が所有する軽自動車の標識番号や銀行口座など、差し押さえられるものを何とか突き止めた。申し立てに際して周囲から「返り血を浴びる」「またネットでたたかれる」とたしなめられたが、「年収は1億円」とさまざまな媒体で放言する西村氏を見て意を決した。
 「被害者はみな、高い弁護士費用をかけながら賠償金を取ることもできない。当の西村氏は悠然と賠償命令を無視して億単位を稼ぎ、『賠償金が取れない法律に問題がある』と開き直っている。だから恨み言や批判を言うのはやめて、法律にのっとって被害者の痛みを少しでも知ってもらう」
 今後、西村氏の異議申立期間もあるが、これまでと同様に出廷しない場合、早ければ再来週にも強制執行が始まる。
 今回の仮差し押さえは、西村氏個人はもとより、1000万人ともされる2Chユーザーにも大きな影響を及ぼす公算が大きい。東京地裁の「値段がつくものは差し押さえ可能」との判断から、「日本国内では前代未聞」(ドメイン登録機関)とされるドメインの仮差し押さえも行われるからだ。
 手続きが進んでドメインの所有権が移り、2Chというサイトがネット上の住所を失ってしまうと、ユーザーが従来の「2ch.net」にアクセスしても、何ら閲覧できなくなる。
 運営側が掲示板の継続を望むなら、新たなドメインを取得して全システムを引っ越す必要があるが、「2Chはリスクを分散するため、50台ものサーバーが各自独立しており、全体を統括するサーバーがない。データの書き換えは容易でなく、引っ越しに2週間は必要だろう。さらに新ドメインを周知するのが大変だ」(IT業界関係者)。
 男性は「西村氏の収入源は2Ch上の広告なので、すぐに新しい掲示板をつくるだろうが、いたちごっこは望むところ。次は自分以外の債権者が同じ手段に訴えてくれるはず」と、泣き寝入り状態にある全国の債権者に共闘を呼びかける。
 元旦から全国紙に登場するなど注目度満点の西村氏だが、新春から手痛いしっぺ返しを食らうことになった。
====================

 しかし、2ちゃんねらーがこの35歳の原告と私のことを勘違いして、一昨日の夜、このような脅迫文は私のメールボックスに届け始めました:
「しねしねしね。。。」およそ500ページ
「ゲー、自殺しろ!」
「お前の安否は知らんぞ」
「痛みが好き?間もなくくるから」
などのヘートメイル(hate mail)があり、2ちゃんねるの英語版「4chan」(アメリカで2ちゃんねるをクロンしたようです)からの関連者がどうなるかを色々送りました。

そして、夕べから私のサイトdebito.orgのとブロクがヒットされて、何百万つで圧倒されてダウンになってしまいました。相手は機会で自動的でヒットができるので、ずっとサイトがダウンになる可能性です。(ところで、2ちゃんねるはダウンになりませんでした)。

(皮肉なのは、主なヘートメールは英語で、「お前は2ちゃんねるを奪って我々の言論の事由を放棄した」と主張しました。但し、それならなぜ私のサイトをダウンにするのか、矛盾を感じましたね。)

 このばを借りて申し上げたいのは、私は一切「2ちゃんねるを閉鎖しよう」と言っていません。かえって、何回も「非常にユースフルで活躍して下さい」と言っています。が、言論の事由はウソ、捏造、誹謗まで及ぼさないので、責任を取る措置が必要で、私の岩見沢地裁が下した判決を守りなさいを言っているだけです。なぜこういう風に脅迫しなければいけないのかは不明です。

 要は、これからこの4chanの法的グレイゾーンをどうやって役立って、海外でも誹謗の暗唱になって、アメリカでもどんなような措置を取るのかは大変興味をもっています。

最後に、

///////////////////////////////////////////////////////////

3)毎日新聞の2ちゃんねるについての元旦特集記事

このメールは既に長いので、リンク先のみお送りします。

ネット君臨:第1部・失われていくもの/1(その2) 「エサ」総がかりで暴露
http://www.mainichi-msn.co.jp/shakai/wadai/kunrin/archive/news/20070101ddm002040009000c.html

ネット君臨:第1部・失われていくもの/1(その3止) 2ch管理人に聞く
 ◇「これがネット、仕方ない」−−「2ちゃんねる」管理人・ひろゆき氏
http://www.mainichi-msn.co.jp/shakai/wadai/kunrin/news/20070101ddm003040021000c.html
///////////////////////////////////////////////////////////

以上です。取り急ぎお送りします。日本語が乱れて申し訳ございません。宜しくお願い致します。有道 出人
ENDS

ZAKZAK: 2ch管理人に破産申し立て…35歳被害者が手続き

mytest

2ch管理人に破産申し立て…35歳被害者が手続き
18:57 この記事についてのブログ(24)
http://www.iza.ne.jp/news/newsarticle/natnews/topics/35232/

 日本最大の掲示板「2ちゃんねる」(2ch)の管理人、西村博之氏(30)に対し、第三者破産が申し立てられていたことが16日、分かった。12日に東京都内の男性会社員(35)が西村氏の全財産仮差し押さえを申し立てたことから「2ch閉鎖」の憶測が広がる中、西村氏の包囲網は確実に狭まりつつあるようだ。

 東京地裁に15日、西村氏の第三者破産を申し立てたのは、埼玉県の男性会社員(35)。男性は「私の顔写真を勝手に使った侮辱的なアニメが公開されるなど、数年間にわたって2chで嫌がらせを受けてきた。いったんは沈静化したが、12日の仮差し押さえ報道後、2chで名指しで“犯人”扱いされ始めた。再び被害に遭う前に法的手段を取ることにした」と、申し立て理由を説明する。

 男性はかつて2chと類似した掲示板の運営に携わったことから目をつけられ、同僚らと共に平成13年から数年間、2chの掲示板で匿名者や2ch運営サイドの人間による攻撃を受けた。

 攻撃は執拗で、実家を密かに訪れた何者かが家の様子を2chに克明に書き込んだり、いたずら電話も来た。「自殺するしかない」とも書かれた。「いつも見張られているようで、不安と重圧感にさいなまれた」という。

 バッシングは男性が関わる掲示板が影響力を失い、2ch運営サイドにとって脅威でなくなるまで続いた。

 それから数年たった先週12日、本紙が西村氏の財産仮差し押さえ申し立てを報じると、2chでは申し立てた東京の男性への個人攻撃が始まった。
 「自分と同じ目に遭っていると感じた。2ch運営サイドは自分たちを脅かす人間に、相変わらずネット上で非合法な攻撃をしている。猛省を促す必要があると思った」

 これまで2chで被害にあった多くの人が、民事で西村氏の管理責任を問い、違法な書き込みをした投稿者の情報開示や損害賠償を求めてきた。西村氏は裁判に出ないで敗訴を重ねつつ、開示や賠償に一切応じていない。

 さらに自身の収入や財産が明らかでないのをいいことに、「債権とは債務者が支払えというものではなく、あくまで債権者の取り立ての権利」と居直る。賠償金が取れないのは、取り立てが甘いからと言わんばかりだ。 

 とはいえ、勝訴した誰1人として、西村氏から開示や賠償を得られていないのも事実。このため男性は、耐震偽装マンションを売ったヒューザーの小嶋進元社長(53)や投資詐欺が発覚した近未来通信に対して被害者らが行ったように、民事訴訟を起こす前に西村氏を破産させ、賠償金を確保することに決めた。

 男性は「仮差し押さえや差し押さえでは申立人にしかお金が入らない。これまで勝訴した全員に賠償金が配分される、第三者破産手続きのほうがいい」と説明する。

 司法には高度な判断が求められる。果たして東京地裁は、西村氏を債務超過と認めるのか。

 ある弁護士は「西村氏が最近、さかんに年収1億円と言っていたのは、第三者破産への牽制だろう。だが、数千万円もの賠償命令だけでなく、毎日全国で加算される間接強制の科料もある。今後も支払う意思がないと公言しているのも大きい。破産を認める可能性は十分ある」と分析する。

 破産手続きが始まれば、破産管財人には西村氏の帳簿や書類などを調査する権限があるため、これまで不透明だった2chなど西村氏周辺の金の流れが丸裸にされるのは間違いない。破産者は裁判所の許可なく居住地を離れることが禁じられ、海外への“高飛び”も不可能となる。

 本紙報道に端を発する“閉鎖騒動”の中、西村氏が取締役を務める会社「ニワンゴ」は、西村氏の「独占・緊急インタビュー」を15日にメール配信すると発表していたが、結局実現せず。ニワンゴはメールで「ひろゆきさん所有のパソコンが壊れていることが判明。残念ながらインタビュー実施には至りませんでした」と釈明したが、額面通り受け取るほど世間もおめでたくないだろう。

 年明けから次々と打たれるクサビ。1000万人ものユーザーを抱える巨大掲示板の管理人として、西村氏は重大な決断を迫られつつある。

debito.org website zapped by cyberelements

mytest

Hi Blog: One learns something new every day. Today’s lesson for me is how tenuous our connections with the Internet are, and how quickly the trappings of modern life one learns to take for granted can be taken away.

I’m referring to this website, debito.org, something I have been working on for nearly a decade to provide a valuable record on life and human rights in Japan. It got zapped today (January 16, 2007) by anonymous Cyberspace terrorists in the name of 2-Channel.

How this came about:

About a week ago, Yuukan Fuji (one of Japan’s most influential daily tabloids) reported that a 35-year-old guy sued 2-Channel (the world’s largest internet bbs) for libel and won. They also reported that he would be seizing the 2-Channel domain name within about a week (i.e. yesterday), and due to that 2-Channel would be closed down.

I also happen to have a libel lawsuit victory outstanding with 2-Channel (see, eventually, https://www.debito.org/2channelsojou.html). However, the Yuukan Fuji article wasn’t about me. I am not 35, and I have never advocated that 2-Channel be closed down. (Quite the opposite–I have said at various junctures that I think 2ch offers a very valuable service, and despite the bad eggs it should continue to exist.) I just wanted 2ch Administrator Nishimura Hiroyuki to honor the Iwamizawa District Court decision: pay damages, delete the libelous posts in question, and reveal the poster(s)’ IP addresses. (To this day, none of these things have been done.)

Unfortunately, the cyberspace terrorists out there (who are, according to my sources, becoming ever more sophisticated these days) do not have a great record regarding reading comprehension or research, and decided that I was the one to take revenge against.

From Monday morning Jan 15, the hate mail began trickling in. Then the death threats. Finally, according to my website domain admin today, debito.org has been zapped–i.e. people with large bandwidths have aimed internet guns and fired millions of page accesses onto my the debito.org server, overloading it and closing it down. Which means I am stuck without a site, or a blog, or email, until they get bored.

This is why, for the time being, debito.org will be inaccessible. Pity this had to happen. But given the fact that practically all the world’s major sites have had to face this kind of dilemma (apparently cyberterrorists have become cyber blackmailers, similarly crippling websites for major world corporations until a fee is paid), this is becoming an argument for policing the Internet better.

For if people like these can get away with hurting people, then decide to hurt those same people further if they try to defend themselves through legally-sanctioned means, then we have a culture of lawlessness that needs to be addressed.

In the end, it shows me that we as human beings have not evolved far from the apes and the wolf packs. Would have thought that developing a written language would have separated us. Instead, it, and its delivery vehicles, are enjoying knock-on effects as weapons.

It is things like these which have spoiled the Internet (once a more pleasant place to garner information and meet people) for the rest of us. Damned shame. Arudou Debito in Sapporo

———
PS: The most ironic thing about this whole issue is that most of the hate mail and death threats are in English. Native English, for the most part. Claiming responsibility for all this is some place called “4chan” which is apparently the overseas version of 2-Channel, with the same attitude towards information, anonymity, and personal responsibility. Replication imminent.

I keep saying this, but leave lawnessness alone and it spreads through copycatting. Copycats like any game of “monkey see, monkey do”, just so long as it suits their interests and they get off scot-free.

Meanwhile, 2-Channel did NOT go down. It was a hoax. And I had nothing to do with it. Yet these cyberelements just keep on plugging away to overwhelm the servers at debito.org.

So much for their claim to defense of freedom of speech.
ENDS

NEWSFLASH: NTV interviews Arudou Debito re 2-Channel Lawsuit

mytest

NEWS FLASH

I got interviewed earlier tonight with Nippon TV (Ch 5 in Sapporo, Ch 4 in Tokyo).
Details as follows:

/////////////////////////////////////////////
2-CHANNEL INTERNET BBS LIBEL ISSUE
INTERVIEW WITH ARUDOU DEBITO, PLAINTIFF
“NEWS ZERO” NEWS PROGRAM
STARTS FROM 11:05 PM
TONIGHT, JANUARY 16, 2007
/////////////////////////////////////////////

I’d send you a link for background on the issue (https://www.debito.org/2channelsojou.html) but my site has been zapped by cyberterrorists.

So much for these people who claim they are defending freedom of speech.

Arudou Debito
Sapporo, Japan
January 16, 2006

============================

UPDATE:

Watched the program. I got four soundbites: That I have never heard anything from 2-Channel before, during, or after. That I have never received a penny of court-mandated damages. That this case questions the very efficacy of having a court system. And that 2-Channel should take responsibility for its actions.

See it here at YouTube
http://www.youtube.com/watch?v=SpRfhR02T6k

Given that I had a day that would rival Jack Bauer’s: Eighteen 20-minute verbal interviews with individual students, the loss and return of debito.org, several calls to arrange affairs down south for events, and several calls from Japanese mass media regarding this case, I think I fared fairly well. Appearing on TV is not my strong suit anyway, so I think I did better than I expected.

Probably time to call it a day. Thanks to everyone out there for their letters of support! Debito

ZAKZAK:2ちゃんねる、再来週にも強制執行

mytest

ブログの皆様おばんでございます。有道 出人です。新年おめでとうございます!

 早速転送しますが、ニュースフラッシュをどうぞお読み下さい。関連リンクは記事の後です。宜しくお願い致します。

======================

ユーザーショックノ2ちゃんねる、再来週にも強制執行

昨年11月に早大で講演した「ひろゆき」。ついに追い込まれることにノ
http://www.zakzak.co.jp/top/2007_01/t2007011201.html

 ネット界激震!! 賠償命令を無視し続けてきた日本最大の掲示板「2ちゃんねる」(2Ch)の管理人、西村博之氏(30)の全財産が仮差し押さえされることが12日、分かった。債権者が東京地裁に申し立てたもので、対象となるのは西村氏の銀行口座、軽自動車、パソコン、さらにネット上の住所にあたる2Chのドメイン「2ch.net」にまで及ぶ見込み。執行されれば掲示板の機能が一時停止するのは必至だ。
 12日午前、仮差し押さえを申し立てたのは、西村氏に対して約500万円の債権を持つ東京都の会社員の男性(35)。
 男性は2Ch上で自身や家族の実名、住所を晒され、「人間の屑」「ネットストーカー」などと誹謗中傷されたため、昨年8月、管理人の西村氏を相手取り、東京地裁に書き込み者の情報開示を求める申し立てをした。
 西村氏が出廷してこないまま同9月に開示を命じる仮処分が出たが、何ら対応が得られないため、間接強制で1日5万円ずつ制裁金を科すこととなった。それでも西村氏の法廷無視は続き、決定から100日を経て債権は500万円に膨れあがった。
 夕刊フジ既報の通り、西村氏は一切の賠償命令を意識的に無視し続けている。昨年11月の講演会では「子供の養育費の踏み倒しと同じ。賠償金を払わせる方法はこれ以上ない。イヤなら法律をつくればいい」と強弁した。
 強気の背景には、何ら差し押さえられるはずがないという自信があるとされる。西村氏には固定資産がなく、給与の流れも不明なので、一般的な差し押さえは無理。弁護士が銀行口座を探り当てるなどしてきたが、西村氏も海外に資産を移すなど対抗策を講じてしまい、どの債権者も手をこまねいているのが現状だ。関係者によれば「(西村氏は)時効成立まで逃げ切るつもり」だという。
 男性も西村氏が所有する軽自動車の標識番号や銀行口座など、差し押さえられるものを何とか突き止めた。申し立てに際して周囲から「返り血を浴びる」「またネットでたたかれる」とたしなめられたが、「年収は1億円」とさまざまな媒体で放言する西村氏を見て意を決した。
 「被害者はみな、高い弁護士費用をかけながら賠償金を取ることもできない。当の西村氏は悠然と賠償命令を無視して億単位を稼ぎ、『賠償金が取れない法律に問題がある』と開き直っている。だから恨み言や批判を言うのはやめて、法律にのっとって被害者の痛みを少しでも知ってもらう」
 今後、西村氏の異議申立期間もあるが、これまでと同様に出廷しない場合、早ければ再来週にも強制執行が始まる。
 今回の仮差し押さえは、西村氏個人はもとより、1000万人ともされる2Chユーザーにも大きな影響を及ぼす公算が大きい。東京地裁の「値段がつくものは差し押さえ可能」との判断から、「日本国内では前代未聞」(ドメイン登録機関)とされるドメインの仮差し押さえも行われるからだ。
 手続きが進んでドメインの所有権が移り、2Chというサイトがネット上の住所を失ってしまうと、ユーザーが従来の「2ch.net」にアクセスしても、何ら閲覧できなくなる。
 運営側が掲示板の継続を望むなら、新たなドメインを取得して全システムを引っ越す必要があるが、「2Chはリスクを分散するため、50台ものサーバーが各自独立しており、全体を統括するサーバーがない。データの書き換えは容易でなく、引っ越しに2週間は必要だろう。さらに新ドメインを周知するのが大変だ」(IT業界関係者)。
 男性は「西村氏の収入源は2Ch上の広告なので、すぐに新しい掲示板をつくるだろうが、いたちごっこは望むところ。次は自分以外の債権者が同じ手段に訴えてくれるはず」と、泣き寝入り状態にある全国の債権者に共闘を呼びかける。
 元旦から全国紙に登場するなど注目度満点の西村氏だが、新春から手痛いしっぺ返しを食らうことになった。
======================
以上

関連リンク
2ちゃんねる名誉毀損敗訴事件(有道 出人原告)
https://www.debito.org/2channelsojou.html

毎日新聞2ちゃんねると西村氏について本年元旦特集
http://www.mainichi-msn.co.jp/shakai/wadai/kunrin/news/20070101ddm003040021000c.html
http://www.mainichi-msn.co.jp/shakai/wadai/kunrin/archive/news/20070101ddm002040009000c.html

有道 出人のブロクにて2ちゃんねる関連記事
https://www.debito.org/?cat=21

【ZAKZAKにて2ちゃんねる関連記事】
●前日からサーバーにノ合格者ファイル漏れて2chで公開(2006/11/29)
●米、独からも「捕まえて」猫殺しネット掲載男の動機ノ(2006/11/21)
●「2chが唯一の楽しみ」の男、爆破予告書き込み逮捕(2006/11/18)
●「機密漏洩」漢検4字熟語問題、前日2ch書き込み(2006/11/02)
●2ちゃんねるの「ひろゆき」失踪ノ掲示板閉鎖も(2006/09/22)

http://www.zakzak.co.jp/top/2007_01/t2007011201.html
(ページダウン)
ends

Asia Pacific University Blacklisted

mytest

Hi Blog. Have just updated the Blacklist of Japanese Universities, a website which warns the public about limited employment opportunities in Japanese academia. Joining the 99 universities up there is the following entry:
https://www.debito.org/blacklist.html#apu

===========================
NAME OF UNIVERSITY: Asia Pacific University (a division of Ritsumeikan University, also blacklisted) (Private)
LOCATION: 1-1 Jumonjibaru, Beppu City, Oita Prefecture, 874-8755
EMPLOYMENT ABUSE: Contract employment with caps. And they will enforce them in court. Let’s quote the university:

“In relation to the demand for a preliminary injunction in order to preserve the position outlined in the employment contracts of former full-time Japanese language lecturers originally hired in April of 2002 and who had fulfilled their 4 year period of employment, the Oita District Court (presiding judge: KAMINO Taiichi) handed down its verdict on November 30th, unequivocally dismissing the suit launched by the former lecturers.

The Court in its ruling confirmed that Ritsumeikan, in its efforts to improve language education at APU, was both reasonable and had cause in abolishing the positions within the lecturer system in order to plan for the creation of a new lecturer organization. As to whether the decision to halt the employment of the lecturers was fair and just, the Court ruled that:

1. There was no truth to the allegation that Ritsumeikan, at a Japanese language workshop held in 1999, had indicated that it would endeavor to allow full-time Japanese language lecturers to extend their period of employment should they wish to do so.
2. That it was possible to infer that expectations for a continuation of employment stemmed from the 1999 Japanese language workshop, yet there was no reason for such expectations.
3. That the employment contracts in question (for full-time lecturers) outlined an employment period of 4 years (the period of guaranteed employment), that the contracts provided a period of employment of 1 year, and that although this touched upon Article 14 of the former labor standards law, it was appropriate in this case.
4. That in accordance with the completion of the period of employment, the decision to halt the employment of the former lecturers did not constitute abuse of the right to dismissal.

The Court acknowledged that the response of Ritsumeikan was fair, and thus summarily rejected the former lecturers’ demand.”

========================
SOURCE OF INFORMATION: Gloating announcement from the university Vice President on the APU website, dated December 25, 2006, indicating that they had vanquished the “former full-time” employees in court. Merry Christmas to you, too. Original link here. In case that disappears, downloadable webarchive here.
https://www.debito.org/APUinjunction010307.webarchive

ENDS

ネット君臨:第1部・失われていくもの/1(その2) 「エサ」総がかりで暴露

mytest

ネット君臨:第1部・失われていくもの/1(その2) 「エサ」総がかりで暴露
毎日新聞2007年元旦特集
http://www.mainichi-msn.co.jp/shakai/wadai/kunrin/archive/news/20070101ddm002040009000c.html
<1面からつづく>

 ◇ブログに照準…氏名、住所、自宅写真、夫の勤務先まで特定
 ◇管理人「不在」、削除も執行不能
 記者が玄関をノックしても出て来ない。「本当に怖くて外も歩けませんでした」。電話越しに声の震えが伝わる。中部地方の主婦は半年前、ネットの掲示板「2ちゃんねる(2ch)」の「祭り」の被害に遭った。
 きっかけはブログの日記。内容が「非常識」と非難され、2chにスレッドが立った。「久々のエサなんだ。個人データを洗い出すんだ!」。日記には本名を出していない。なのにその日のうちに名字や夫の勤務先の電話番号が暴かれた。住所も特定され、自宅の写真がネットに流された。
 掲示板の書き込みをさかのぼると、2ちゃんねらーたちが主婦のブログの記述をヒントに、情報を積み重ねていったことが分かる。大まかな居住地域、近所の施設、自宅の窓から撮った風景……。掲示板には地元の住民からも情報が寄せられ、さらに電話帳や地図で住所を絞り込む。主婦の子供が載ったことがある育児雑誌まで見つけ出し、名字を突き止めた。
 攻撃はネット上にとどまらない。「電凸」(電話による突撃)が始まった。夫の勤務先に「奥さんの件はご存じですか」と尋ね、そのやりとりもスレッドに書いた。夫婦は警察や役所に相談し、住民票が入手されるのを防ぐため第三者への交付を止めた。しばらくの間、家を離れた。そして主婦はブログをやめた。
 「切込隊長」のハンドルネームで知られ、かつて2chの運営にもかかわった会社役員の山本一郎氏(33)は「欺まんと笑いがあると見られればネタにされる」と語る。たとえ事実が誤っていてもその二つの要素があれば、ネットで火が付く危険がある。
   @   @
 2chを裁判で訴える人も少なくない。
 北海道情報大助教授、有道出人(あるどうでびと)さん(41)は米国出身。人種差別撤廃を訴え、北海道小樽市の入浴施設が外国人の入浴を拒否していた問題では、施設や市に損害賠償を求める裁判の原告になった。
 ところが、2chで「白人至上主義者」と中傷が続く。管理人のひろゆき氏(30)=本名・西村博之=に削除を求めたが放置され、05年6月、札幌地裁岩見沢支部に提訴。同支部は昨年1月、名誉棄損を認め、賠償金110万円の支払いと削除、発信者情報の開示を命じた。
 しかし、判決の通りにはなっていない。裁判所がひろゆき氏の住所に通達書を送っても「不在」で届かず、手続きが進まない。「彼がずっと無視できるなら法治国家とは何なのか」。有道さんは昨年4月、ひろゆき氏が発信者情報の開示と内容の削除を実行しなければ1日20万円を支払うことを裁判所に申し立てて認められた。だが、この通達書も本人に届いていない。
 ひろゆき氏は毎日新聞の取材に「賠償命令は総額で四、五千万円くらいある」と語った。1億を超える年収があると認め、こう明かした。「役員報酬とかそういう形ではもらってない。どこかの会社から給料としてもらっている。それがどこか分かると差し押さえられるので(カネの流れを)常時動かしている」
   @   @
 掲示板の人権侵害をめぐっては04年、法務省が被害者に代わってインターネット接続業者や掲示板の管理人に削除要請できるガイドラインが定められた。
 同省によると、人権侵害の申し立て受理件数は04、05年で計471件。うち104件について要請したが、実際に削除されたのは昨年11月末時点で11件に過ぎない。業者に公印付きの文書を届ける必要があるためだ。担当者は「どこにいるか分からない掲示板の管理人もいる」と説明する。それ以外の多くは担当課が掲示板に書き込んで要請するが、実行されるとは限らない。
 ネット規制を強めれば「表現の自由」を侵すおそれもある。一方で、救う手だてのないまま被害者が増えていく。=つづく
==============
 ◇実態、ベールに覆われ−−2ちゃんねる
 2chは利用者が1000万人を突破した今もひろゆき氏が個人管理を続けている。
 ジャンルごとに「板」があり、各板に話題を議論する多数のスレッドがある。運営はボランティア任せ。利用者の要請を受けて書き込みを削除するかどうか判断する「削除人」が150人、特定のスレッドを立てる権限を持つ「記者」が二、三百人いるという。ユーザーのほとんどがネット上のハンドルネームや「名無し」を使う匿名掲示板だが、2ch側は書き込んだ人のIPアドレス(ネット上で各パソコンに割り振られた識別番号)などを記録し、保管する。
 「経営」の実態はベールに包まれている。システムを支える約60台のサーバーコンピューターは大半が米国の会社からのレンタルで、広告取りも外部の会社に委託している。ひろゆき氏は2chにかかわりのある複数の会社の取締役を務めるが、2ch自体は会社組織にはなっていない。絶頂期のライブドア社内では「広告力に目をつけて買収も議論された」(元役員)という。しかし「人権侵害や名誉棄損をめぐる訴訟リスクに耐えられない」(同)との理由で立ち消えになった。

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第1部・失われていくもの/1(その1) 難病児募金あざける「祭り」
第1部・失われていくもの/1(その3止) 2ch管理人に聞く
毎日新聞 2007年1月1日 東京朝刊

ネット君臨:第1部・失われていくもの/1(その3止) 2ch管理人に聞く

mytest

ネット君臨:第1部・失われていくもの/1(その3止) 2ch管理人に聞く
毎日新聞2007年元旦特集
http://www.mainichi-msn.co.jp/shakai/wadai/kunrin/news/20070101ddm003040021000c.html
インタビューに答える「2ちゃんねる」管理人の西村博之さん=山本晋写す

インターネットと2チャンネルの歩み
 ◇「これがネット、仕方ない」−−「2ちゃんねる」管理人・ひろゆき氏
 ネット上の掲示板に匿名で個人への中傷が書き込まれる問題を、管理する側はどう考えているのか。最大の掲示板2ちゃんねる(2ch)の管理人、ひろゆき氏(30)は毎日新聞の取材に「ネットの仕組みだから仕方がない」と答え、規制は難しいとする認識を示した。大学時代にネットの発展を体験し、IT(情報技術)の旗手を輩出する「ナナロク世代」の一人は掲示板を東京の歌舞伎町に例え、「きれいじゃない情報もあるから面白い」と語った。
 ◇情報いろいろあるから面白い/中傷は国民性の問題
 −−2chの匿名性をどう思うか。
 ◆匿名の良さもあるし実名でやりたい人もいる。書く人の選択の問題。
 −−匿名性の良さは。
 ◆例えば安倍首相が実名でネット掲示板に書き込んだら議論どころじゃなくなる。純粋に議論をするのなら、人格はないほうがしやすい。
 −−中傷や個人情報の暴露が行われている。
 ◆度を越したものは削除すればいいだけ。
 −−削除まで時間がかかり、ネットの他の場所に広がってしまう。
 ◆それはネットの仕組み。世の中に銃がなければ平和だよねっていうのと一緒で、あるから仕方がない。
 −−非がないのに中傷を受ける人もいる。
 ◆ネットのせいでなく、それが好きな国民性の問題。ネットがなくても内輪で楽しむはずだ。
 −−2chは内輪の話を表に出してトラブルになっている。
 ◆規模が大きいだけ。2chがなくてもネットがある限り、海外の掲示板などほかの場所に行く。
 −−「祭り」はネット上だけでなく対象者の家の撮影に行ったり、迷惑電話を掛けたりする。
 ◆2chの書き込みを削除する権限はあるが、それ以外の行動を僕には止めようがない。
 −−匿名掲示板は個人をつるし上げる大衆心理が働きやすいのでは。
 ◆(中傷を面白がる)人間の本質は変えるべきだと思うが、仕組みとしては無理。それが出来たらノーベル賞が取れる。
 −−誤った情報が独り歩きすることも多い。
 ◆既存のメディアが「冤罪(えんざい)報道」をした松本サリン事件と一緒。ただ(ネットの方が)間違う可能性は高いと思う。ネットはうさん臭いもので良い。大事なのは使い方を教育すること。
 −−法で規制すべきだとの意見もあるが。
 ◆海外とつながるネットを国内法で規制しても絵に描いた餅だ。
 −−あなたの管理責任は。
 ◆発言の妥当性を見極めてから載せるべきだとの意見もあるが、それはしなくてもいいのが今の法律。文句を言いたければ法律を作って下さいと国会議員に言うべきだ。
 −−2chは今後も「怪しい」情報が交じりつつ続くのか。
 ◆(危険なのに人が集まる)歌舞伎町と同じ。きれいな情報だけを集めることは難しい。いろいろな情報があるから面白いこともある。
 ◇奇抜な発想「ナナロク世代」
 ひろゆき氏は76年生まれ。その前後に生まれた通称「ナナロク世代」は次代のITベンチャーを担う。ネット交流サービス・SNS(ソーシャル・ネットワーキング・サービス)の最大手「ミクシィ」や検索サービス「はてな」の社長らだ。
 この世代が大学に入学した時期にOS(基本ソフト)のウィンドウズ95を搭載したパソコンが登場し、ネットの利用が本格的に始まる。卒業するころはデフレ不況で就職氷河期。笠原健治ミクシィ社長は「パソコンやネットに慣れ親しんだ年代。仕事は自分たちで何とかしなくちゃ、という意識が芽生えやすかった」と語る。
 ITベンチャーの歴史を振り返ると、孫正義ソフトバンク社長(49)らの第1世代、楽天の三木谷浩史社長(41)らの第2世代に続く第3世代に当たる。先輩に比べてカネもうけへの執着が薄いといわれ、笠原社長も「みんなが楽しむことができればいい。個人的に欲しいものはあまりない」と言う。第1世代でアスキー元社長の西和彦さん(50)は「我々にはない奇抜な発想を持っている」と分析する。
 彼らが生み出した2chやミクシィをのぞいてみると、ユーザーの間に既存のメディアへの強い不満もうかがえる。2ちゃんねらーにとってマスコミは格好の批判材料だ。ライブドアのフジテレビ乗っ取り騒動では、掲示板にライブドアを支持する声があふれた。
 社会への影響力も大きい。新潟県中越地震では被災者に携帯カイロを送る運動が盛り上がった。東芝社員の顧客への不適切な対応を告発した「東芝クレーマー事件」は副社長が謝罪会見に追い込まれた。「おたく青年」を2ちゃんねらーが掲示板の書き込みで応援するラブストーリー「電車男」は100万部を超えるベストセラーになった。
 一方で、2chの運営にもかかわったフリージャーナリスト、井上トシユキ氏(42)は「電車男以降、新しいユーザーが入り、書き込みのレベルが下がった。かつては『祭り』をやるにも義侠(ぎきょう)心や熟慮があったが、今は悪ふざけや単なる魔女狩りになっている」と指摘する。
==============
 ■ネット用語■
 ◇掲示板(電子掲示板)
 ネット上で利用者同士が意見や情報をやり取りするページ。画像を張り付けられるものもある。日本では「2ちゃんねる」が最も有名。
 ◇顔文字
 パソコンの文字を組み合わせて作った顔。感情を強調する時に使う。1面記事の「°∀°」の「°」は目、「∀」は開いた口。
 ◇ハンドルネーム(HN)
 ネット上で本名の代わりに名乗る仮名。
 ◇ブログ
 簡単にネット上で日々追加して書き込めるホームページ。日記に近い形式が多い。
 ◇スレッド
 掲示板内のある話題に対する意見や情報の集まり。書き込みに対して意見が寄せられ、さらにそれに誰かが書き込む形で議論が進む。
 ◇ソーシャル・ネットワーキング・サービス(SNS)
 広く情報を公開するほかのネット上のページと異なり、会員にならないと参加できない。日記を公開したり、共通の趣味を持つ仲間で情報交換をする。

Asia Pacific U gloats over its court injunction victory over dismissed workers

mytest

Hello Blog. Nice how the school is so up-front about how total the victory over its employees is. Sounds like a real pleasant place to work. Yet another case of labor rights being chipped away… Debito in Sapporo

From the Asia Pacific University website:
==================================
Notices : Dismissal verdict for the demand for a preliminary
injunction on the preservation of status launched by former full-time
Japanese language lecturers.:

2006/12/25 9:48:00 (325 reads)
http://www.apu.ac.jp/home/modules/news/article.php?storyid=431

In relation to the demand for a preliminary injunction in order to
preserve the positions outlined in the employment contracts of former
full-time Japanese language lecturers originally hired in April of
2002 and who had fulfilled their 4 year period of employment, the
Oita District Court (presiding judge: KAMINO Taiichi) handed down its
verdict on November 30th, unequivocally dismissing the suit launched
by the former lecturers.

The Court in its ruling confirmed that Ritsumeikan, in its efforts to
improve language education at APU, was both reasonable and had cause
in abolishing the positions within the lecturer system in order to
plan for the creation of a new lecturer organization. As to whether
the decision to halt the employment of the lecturers was fair and
just, the Court ruled that:

1. There was no truth to the allegation that Ritsumeikan, at a
Japanese language workshop held in 1999, had indicated that it would
endeavor to allow full-time Japanese language lecturers to extend
their period of employment should they wish to do so.

2. That it was possible to infer that expectations for a continuation
of employment stemmed from the 1999 Japanese language workshop, yet
there was no reason for such expectations.

3. That the employment contracts in question (for full-time
lecturers) outlined an employment period of 4 years (the period of
guaranteed employment), that the contracts provided a period of
employment of 1 year, and that although this touched upon Article 14
of the former labor standards law, it was appropriate in this case.

4. That in accordance with the completion of the period of
employment, the decision to halt the employment of the former
lecturers did not constitute abuse of the right to dismissal.

The Court acknowledged that the response of Ritsumeikan was fair, and
thus summarily rejected the former lecturers’ demand.

December 2006
Ritsumeikan Asia Pacific University Vice President
ENDS

SPECIAL REPORT: Issho Kikaku Deletion of the Historical Record

mytest

SPECIAL REPORT:
WHO IS KILLING THE GREAT MAILING LIST ARCHIVES OF JAPAN?

By Arudou Debito
December 23, 2006

(NB: The title is not meant to be sensational–merely a pun on the 1978 movie title, “Who is Killing the Great Chefs of Europe?” The movie was a comedy. This report is, unfortunately, deadly serious. It is an update of a Dec 7 report, archived at https://www.debito.org/?p=108, because yet another mailing list has since been deleted.)

/////////////////////////////////////////////////////////////////
1) GOOD NEWS: KUME HIROSHI’S APOLOGY MAKES ASAHI SHINBUN
THANKS TO DISCOVERY OF THE ISSUE ON INTERNET ARCHIVES
2) THE DEATH OF THE ISSHO KIKAKU, AND NOW THE SHAKAI ARCHIVES
3) THE GREAT HYPOCRISY UNDERLYING THIS CASE
4) CONCLUSIONS: FIVE YEARS LATER, WHY SPEAK OUT NOW?

/////////////////////////////////////////////////////////////////

1) THE GOOD NEWS FIRST:
KUME HIROSHI’S APOLOGY MAKES ASAHI SHINBUN

We open this report with a newspaper article:

========= ARTICLE BEGINS ================
Newscaster regrets anti-foreigner quip
December 21, 2006 BY MARIKO SUGIYAMA, THE ASAHI SHIMBUN

http://www.asahi.com/english/Herald-asahi/TKY200612210418.html
https://www.debito.org/?p=136

Atonement, it seems, can never come too late. Newscaster Hiroshi Kume has apologized for a disparaging remark he made 10 years ago about foreigners speaking Japanese.

The comment offended a number of foreign residents in Japan, prompting some people to formally complain to TV Asahi Corp. that aired the remark. At the time, Kume was a presenter on TV Asahi’s evening news program, then called News Station.

The program aired in October 1996 and featured a report on India in which an Indian spoke fluent Japanese, according to Debito Arudou, 41. Arudou, who was born in the United States as Dave Aldwinckle and is now a naturalized Japanese, is active in efforts to protect the rights of foreigners.

Kume blurted out on the program, “Isn’t it better to see a foreigner speaking in broken Japanese?”

Arudou and others complained to the TV station that many foreign nationals are studying Japanese and trying to integrate into society.

He posted details of the protest on his Web site. Kume did not respond at the time, according to Arudou.

But on Dec. 1, Kume sent an e-mail message to Arudou, saying, “Thinking deeply, I realize this was quite a rude remark and I regret this as being narrow-minded.”

Kume told The Asahi Shimbun: “I recently learned on the Internet about the protest. I didn’t know 10 years ago.”

Arudou, in turn, said, “I was surprised but happy that an influential individual such as Kume did not neglect what he said in the past and tried to make things right.”

========= ARTICLE ENDS ================
(See what Kume saw at https://www.debito.org/activistspage.html#kume)

Very happy to see this happening. As I said above, I’m elated when somebody in authority displays a conscience. And I’m also glad the media has taken this up to show that amends can be made.

But what this brings to light is the power of Internet archives. If I had not archived this on debito.org, Kume would never have seen it…. Which is why maintaining a record of the past is a serious matter.

/////////////////////////////////////////////////////////////////

2) THE DEATH OF THE ISSHO KIKAKU, AND NOW THE SHAKAI ARCHIVES

Information about the Kume Hiroshi Gaffe was also archived elsewhere–on a site called Issho Kikaku (http://www.issho.org). This domain is run and webmastered by Tony Laszlo, currently well-known as the star of the best-selling manga series “MY DARLING IS A FOREIGNER” (Daarin Wa Gaikokujin), created and rendered by wife Oguri Saori.

However, the Issho Kikaku archives, once open to the public, have been closed to the public since December 4, 2005, more than a year ago.

This is tragic. These archives contained the volunteer efforts of and reports from hundreds of researchers, essayists, and activists. These archives also had great historical value, as they charted the change in awareness in the mid-1990’s of the English-speaking foreign community in Japan. With the development of Japan’s Internet, foreigners went online, mobilized, and worked to change their status in Japan from “mere misunderstood guest who should shut up and behave” to “taxpaying resident with enforceable rights”.

Portions of this record can also be found in the archives of the seminal but now dead “Dead Fukuzawa Society”. (http://www.mail-archive.com/fukuzawa@ucsd.edu) Good thing these archives still exist.

However, the Issho Kikaku Mailing List archives, once a part of yahoogroups, were deleted several years ago. Information on and evidence of the list’s existence at https://www.debito.org/enoughisenough.html

When asked about moribund Issho.org in December of this year, Tony Laszlo said, in his final mail to the Shakai Mailing List (also an Issho Kikaku project), quote: “ISSHO Kikaku’s website is still in renewal… Tending to a new baby boy is keeping the webmaster busier than he had expected.” (December 10, 2006)

(That email–courtesy of a former Shakai member deeply troubled by these developments–is archived here:
https://www.debito.org/shakaiarchive121006.html
I archive it on debito.org because, since then, the Shakai Mailing List archive has also been deleted.)

Congratulations on the birth. But this is an unsatisfactory excuse. The average gestation period of a human being is a little over nine months, not a full year. And as a poster to the NBR mailing list pointed out:

———————————————–
“…Tony can take months, years, decades, whatever to work on a “revamp” of ISSHO.org if he wants to. But there is no reason to REMOVE ALL THE CONTENT that was previously there while doing this work. Keep the old site running until the work is done, and then make the switch by simply changing the URL of the top page. It’s a simple task, and something that just about any website does while working on improvements.”
———————————————–
http://nbr.org/foraui/message.aspx?LID=5&pg=4&MID=26526

What’s more, despite all the busyness (and a millionaire’s income from the manga, meaning financially he can devote all his time to househusbandry, if not webmastering), Tony Laszlo is finding time to write articles again for the Shukan ST, not to mention appear in public as “Representative, Issho Kikaku” at a November 26, 2006, meeting of new NGO “No-Borders”: (See http://www.zainichi.net Click under the left-hand heading “nettowaaku ni sanka suru soshiki, kojin” . If that archive has also mysteriously disappeared, refer to https://www.debito.org/noborders120706.webarchive)

So that means there have been three archives done away with: Shakai, Yahoogroups Issho, and Issho.org–all under the aegis of Issho Kikaku. What’s next–the older yahoogroups archive for Shakai (May 2000 to Oct 2003)? Go visit it while it’s still there:
http://groups.yahoo.com/group/shakai-archive/

What’s going on?

/////////////////////////////////////////////////////////////////

3) THE GREAT HYPOCRISY UNDERLYING THIS CASE

I worked in tandem for years with Tony Laszlo and Issho.org, particularly in a Issho subgroup called BENCI (I’d send you more information on it, but, again, the Issho.org files have disappeared). I created, wrote, and maintained the BENCI webarchive. We had a falling out. I left the group.

Meanwhile, I had long since been archiving the Otaru Onsens Lawsuit website on debito.org. (https://www.debito.org/otarulawsuit.html) To this day it is still up there, along with its Japanese equivalent, serving as a citeable record for academics, lawyers, media, activists, and other interested parties as consistently one of the top twenty (of thousands) of accessed sites on debito.org.

Laszlo then told me to take related materials on debito.org down due to “violation of copyright”. Even though I never signed a waiver of my copyright, nor agreed in any way to waive it, nor received any remuneration for my writings. Yet according to Issho Kikaku former Co-Moderator Bern Mulvey, an eyewitness to this case, Laszlo was considering a lawsuit against me for “appropriation and misuse of Issho documents”:

=======================================
December 13, 2006:

I was a member of ISSHO from the late 90s. Like Debito
and several other people, I was a also a member of the
Benci Project–the action group within ISSHO Kikaku which
took action against businesses with discriminatory
practices. Finally, I was co-moderator of the ISSHO
KIKAKU forum until June of 2001; hence, I have a pretty
good grasp of the details regarding Tony’s threatened
lawsuit (and other actions) against Debito.

Tony’s “issues” with Debito came out long before JAPANESE
ONLY was published first in Japanese (2003). Even when I
was co-moderator, there was a push from Tony to have
Debito removed from the ISSHO list because of his
“redundant” website and “misuse” of ISSHO documents. The
talk of suing Debito began then as well–ostensibly to
protect the accessibility and sanctity of the archived
materials, ironic given that said materials have
apparently been erased completely and permanently.

Much of the criticism directed at Debito from ISSHO and
Benci members was over how the collected documents and
other evidence–the fruits of a number of people’s
efforts–were being “appropriated” by Debito for his
supposedly “selfish” ends. The book was ostensibly just
another example of this–e.g., how dare Debito even
reference the ISSHO/Benci information?! (Note that there
was also a more legitimate anger over Debito’s use of
internal correspondence in the book.)

Of course, what Tony and others conveniently overlooked
was that much (80%?) of the archival information had been
gathered by Debito himself. I was one of Debito’s few
defenders when all this came down, and helped scuttle
Tony’s lawsuit (supposedly “on behalf of” BENCI members,
of which I was one). Indeed, I wonder, now that Tony has
taken down all documentation of 6 years of often
successful activism–almost all of it the results of
INTENSE effort he “ordered” but did not assist in–how his
former defenders live with themselves. Two of the most
vicious, at least, owe Debito a public apology.

For a long time, Tony justified his attacks on Debito
partly by asserting the need to ensure the archival
resources we created would remain open to everyone. Now,
they are gone, and I do not understand why. I am glad,
however, that Debito stood his ground and kept whatever
archives he could up at debito.org.
Bern Mulvey
=======================================
https://www.debito.org/?p=108#comment-14

We (Bern, Olaf Karthaus, Ken Sutherland, and myself) dispute the claims Laszlo made. Please see this historical website, written in 2001, and released for the first time today with updates for this report at:
https://www.debito.org/enoughisenough.html

It contains the remaining record of what went on in the Issho Kikaku Mailing list. It may also offer some insights on why these archives might want to disappear.

Then in 2004, my publisher was contacted by Laszlo’s lawyer. According to a letter dated August 13, 2004:
https://www.debito.org/letterlazlawyer.html

Laszlo, through a very famous TV lawyer named Kitamura Yukio, was formally threatening me with a lawsuit, claiming, quote, “violation of copyright, invasion of privacy, and libel” for the publication of my book “JAPANESE ONLY”.
https://www.debito.org/japaneseonly.html

In a face-to-face meeting we had at Kitamura’s offices in late August, he demanded that sales of the book cease.

What’s ironic, given Laszlo’s claims, is that Tony Laszlo, a journalist by byline, has himself taken materials verbatim from an Internet mailing list (Issho’s), without permission from or notification of the source. Then used them for personal remuneration in a Nihongo Journal article, dated December 1999. Archive at:
https://www.debito.org/enoughisenough.html#footnote7
https://www.debito.org/nihongojournal1299.jpg

He was also not above using his journalist byline in a published journal (Shuukan Kin’youbi, April 18, 2003) to put out a clarion call for help to deal with “a recent publication using copyrighted materials without permission”.
https://www.debito.org/letterlazlawyer.html#kinyoubi

Anyway, the lawsuit came to naught. And we got on with our lives. Until now.

/////////////////////////////////////////////////////

4) CONCLUSIONS: WHY SPEAK OUT NOW?

Note that I wrote the above “enoughisenough” website above more than five years ago. Why didn’t I release it then?

Because I was worried that this would just be construed as a personal squabble. Seen as a petty dispute between two alpha males who just can’t get along, or who are somehow jousting for the pole position of “Mr Kokusaika” etc. Or, as time went on and the DAARIN WA GAIKOKUJIN turned him into a media superstar, seen as sour grapes for him getting rich and famous on his wife’s talents.

So I let things go. I just thought that he could do his thing, I could do mine. Even after he threatened me with a lawsuit for me doing my thing and writing books. Let it go, life’s too short, I thought.

Unfortunately, once the above decisions were made to delete whole archives and begin a process of whitewashing over history, I realized that this was going too far.

The destruction of public records is verifiable public damage. First he threatens to sue people over information he claims is copyright Issho.org. Then that information becomes unavailable to the public anyway.

The sad thing is that, even if Webmaster Laszlo eventually decides to let the Issho.org archives come back to life, the yahoogroups Issho and Shakai mailing list archives are gone forever.

This is irreversible. It is unforgivable. And should be known about.

Arudou Debito
Sapporo, Japan
debito@debito.org
https://www.debito.org
December 23, 2006
SPECIAL REPORT ENDS

Previous report of this matter (Dec 7, 2006) available on this blog at
https://www.debito.org/?p=108

12/24放送イジメ特集TBS番組:人種・民族による川崎いじめ事件も

mytest

ブロクの皆様:友人から転送:

===========================
有道出人 先生
 日頃より、被害者人権擁護のた めにご尽力を賜り、心から敬服いたしております。

 さて、本日 は、新たなご報告があり、ご連絡させていただきました。

 有道出人先生もご存知のとおり、いじめによって自らの命を絶つという大変悲しい事件が続いており ます。数ヶ月ほど前から、「いじめ発生の背景は何か」、「きちんと対策を講じたのか」などの疑問が寄せられ、学校はもちろんのこと、加害者側の家庭教育への見直しが強く求められる中、川崎いじめ事件原告である私どものもとに、メディアからの取材要請が何件かございました。

 11月2日に行われた第9回公判の直後、TBSテレビから、娘への被害について特集番組を設け報道したいとの計画が提示されました。担当 の方と会い、事件に関する話しを交わす中で、「于さんが被った事件の全容を社会に 発信し、いじめの本質・残酷さを知ってもらい、さらにご両親が娘さんを救おうとし ている姿を紹介することで、いじめに苦しむ人々を元気づけたい」との方針を伺い、 報道に真剣に取り組もうとする信念を強く感じました。この事は、提訴を通じ、加害 者の責任を明確化する他、いじめは許されざる行為であることを証明したいと願う私 たち夫婦の気持ちと一致しており、番組制作に協力することにしました。

 取材は、娘をはじめ私たち家族と事件に関係した人た ち〔加害者被告、そして第三者である市教委、精神科医師、地域住民、弁護士、事件 の目撃者、転校先の元担任など〕に対して行われることとなりました。
娘にとり、また私たち家族にとり、当時の一つひとつ の出来事を振り返り語ることは大変辛いものでした。一方、番組スタッフの方々に とっても、事件発生から6年もの歳月が経過しており、事の経緯を 遡りつつ、膨大な資料を整理する事は、大変な作業であったと思います。しかしこれ までの軌跡を再現しようとする精神力と報道に携わる上での優れた観察力に基づき、 着々と番組制作が行われていきました。

 事件の全貌を伝えるには、加害者側への取材が欠かせ ないことから担当の方が被告側に取材の要請をしましたが、メディアに対する加害者 被告の態度は、私たち原告や第三者の方とは全く対照的なものでした。加害者側は、 「理由」をつけて断ってきたそうです。

 取材班は、インタビュー予定者の中で加害者被告本人 を除く全ての関係者への収録を実現しました。なお、事件の全容を視聴者に知っても らう為、取材がかなわなかった加害者被告による主張内容も、番組の中に取り込む措 置をとるそうです。

 今、私たち家族と同じように、あるいは私たち以上に いじめを受けて悩む人々の為に何らかの助力になればと願うと共に、いじめは反社会 的犯罪行為であるというメッセージが、視聴者の方々のもとに必ずや届くものと信じ ております。

 放送日時は下記の通りです。ただし、他の事件との関 連、あるいは世の中に予想外の出来事が生じた場合には、放送日が年明けに延期にな る可能性もあるそうです。

放送局 TBSテレビ
放送日 12 月24日〔日曜日〕
時 間  17:30〜 18:24
番組名  『報道特 集』
以上 ご報告申し上げます。
ご覧になられました後、ご見解ご意見など頂けました ら幸いです。
以上
=======================
この問題の経緯は
https://www.debito.org/kawasakiminzokusabetsu.htm

Kume Hiroshi reads his decade-old gaffe on debito.org, apologizes! And why archives matter (contrast with dead and deleted archives at Tony Laszlo’s ISSHO Kikaku)

mytest

Hello Blog. Got some great news regarding some unfinished business over a decade old:

FORMER NEWS STATION ANCHORMAN KUME HIROSHI APOLOGIZES
FOR AN ANTI-“GAIJIN” COMMENT HE MADE TEN YEARS AGO
THANKS TO THE ISSUE BEING ARCHIVED ON DEBITO.ORG

This post is structured thusly:
///////////////////////////////////////////////////
1) BACKGROUND TO THE ISSUE
2) KUME’S LETTER OF APOLOGY
3) MORAL: ARCHIVES SHOULD NOT BE DELETED

(CONTRAST WITH THE DELETION AND SUPPRESSION OF HISTORY
ON TONY LASZLO’S ISSHO.ORG)

///////////////////////////////////////////////////
December 7, 2006

BACKGROUND TO THE ISSUE

I realized the value of a maintaining an archive all these years, when I got a letter out of the blue last Friday night (Dec 1) from a certain individual named Kume Hiroshi.

This is significant. Kume Hiroshi is a very influential person–for more than a decade he was Japan’s most popular (and controversial) news anchorman, hosting NEWS STATION on the TV Asahi network throughout the 1990’s. Much of his controversy stemmed from his glib editorial comments about news during the broadcast, found caustic or offensive by some viewers.

One thing that friends and I found offensive was his flippant use of the word “gaijin”, already becoming a “housou kinshi gotoba” (word not for broadcast, at least officially) on the networks at the time.

A gaffe he made in October 1996, questioning the efficacy of “gaijin” speaking fluent Japanese, caused a huge debate on mailing lists such as the Dead Fukuzawa Society and ISSHO Kikaku (both now moribund). It also occasioned my seminal essay on why “gaijin” is in fact a racist word (https://www.debito.org/kumegaijinissue.html).

Anyhow, this was one of the first human-rights issues ever I took up publicly in Japan, becoming a template for how to use “proper channels” for protest. Now, ten years later, those efforts have finally come to fruition!

What happened back then in more detail: On October 17, 1996, I emailed the following letter to TV Asahi (Japanese original):

============ MY 1996 LETTER TO TV ASAHI BEGINS =================
To Mr Kume Hiroshi:

(opening salutations deleted) On Monday (10/14)’s News Station broadcast something happened which troubled me. In the middle of a broadcast from India about the Maharaja burger in McDonald’s, some Indian apparently spoke very good Japanese.

But after that, Mr Kume apparently said:

“But it’s better if foreigners talk broken Japanese, right?”
(shikashi, gaijin wa nihongo ga katakoto no hou ga ii)

What does this mean? Maybe this was no more than an offhand comment, but I am greatly troubled. The next day, it became an issue on the the Fukuzawa internet group, and some “foreigners” felt very uncomfortable. The reason why was because foreigners both inside and outside Japan [sic] have taken great pains to become bilingual, and even if they try to fit into Japanese society, is it good for you to tell the whole country that “after all, it’s better if they remain unskilled like children”?

And then, I called TV Asahi directly and was connected to a gentleman at News Station. After I explained the above, he [replied]:

“‘Baby talk’ isn’t a bad word, I think. It’s just you who thinks so”, among other things. In other words, it seems he doesn’t take seriously the opinions of his viewers.

Even after I asked him, he wouldn’t give me his name, nor would he write down mine. “I’ll tell him” was all he said. But I really don’t have the confidence that he will pass the word along, so I am sending you this directly by email.

Afterwards, I called TV Asahi again and got hold of the Shichousha Center and talked to Mr Sekimoto. He said friendily, “That won’t do” and “I’ll talk to News Station”. However, that was around noon and I haven’t heard anything from them, so I don’t know what happened.

Anyway, Mr Kume, couldn’t you please take care of your terminology when addressing people who aren’t Japanese? If you take care about how you talk about Burakumin [Japanese Underclass], Zainichi Kankokujin [Japan-born Koreans], and “cripples” (bikko), please also do the same for the “gaijin”. (closing salutations deleted)

============ 1996 LETTER ENDS ======================
https://www.debito.org/kume1.5letterenglish.html
Japanese original at:
https://www.debito.org/kumeltrnihongo.html
https://www.debito.org/nihongo.html

(The entire issue, related articles, and the debate on Fukuzawa is archived at
https://www.debito.org/activistspage.html#kume)

The issue then took off, hitting the Washington Post and the Daily Yomiuri twice. Finally, on November 28, News Station devoted an 11-minute segment on the word “gaijin” itself (a digression from the real issue of the “appropriateness” of their fluency–see my write-up of the telecast at https://www.debito.org/kume5tvasahibroadcast.html).

Alas, Kume topped the whole thing off by calling the reporter who anchored the story, award-winning novelist Dave Zoppetti, a “gaijin” all over again. Would he ever learn?

Yes, he would.

///////////////////////////////////////////////////

THE LETTER OF APOLOGY

Fast forward more than ten years. Kume-san is now no longer on the air (except for a radio program one day a week), and is apparently considering becoming a politician.

This is what I received last Friday:
(Japanese original, available at https://www.debito.org/?p=106
Translated by Arudou Debito):

============ LETTER FROM KUME BEGINS ======================
Subject: Mr. David Aldwinckle
Date: December 1, 2006 7:32:40 PM JST
To: debito AT debito.org
Aldwinckle sama:

Please excuse this sudden email. My name is Kume Hiroshi. I appeared three years ago on News Station.

This is something more than ten years old, but on my program I said something about “I find it weird when foreigners (gaikokujin) are good at Japanese.” Recently I found out that you sent in a letter of protest about this.

I remember this happening. That person who came on the show had such incredible Japanese that I was blown away. My memory was that I remarked with the nuance that foreigners (gaikoku no kata) who speak Japanese should speak it like they knew that they were foreign (gaikokujin).

However, after a good think about this, I realize that this is a pretty rude thing to say. I’m thinking about how this reflects the narrow viewpoint of someone with an island mentality (shimaguni konjou).

I’m not sure how you feel about this nowadays, but if you took offense to this, I apologize from my heart for it.

KUME HIROSHI
============ LETTER FROM KUME ENDS ======================

(Note how careful he is even to avoid using the word “gaijin” throughout his letter. Good.)

Now, given the nature of the Internet, I of course had doubts about the veracity of this email. So I asked the author nicely for some more proof. He answered to give me the contact details of his agency (I checked with Dave Spector to make sure it is legit) and the cellphone of his agent, and would let them know I would be calling. I called on Monday and confirmed that yes, Kume Hiroshi really was the author. I have already made this information public to my Japanese lists, to show that Kume really is a person with a conscience.

I also send this to you to show that it really does pay to protest.

Make your thoughts known calmly and earnestly, and minds might change even at the highest levels!

However, this incident brings a more serious issue to light:

///////////////////////////////////////////////////

3) MORAL: ARCHIVES SHOULD NOT BE DELETED
(cf. THE DELETION AND SUPPRESSION OF HISTORY ON TONY LASZLO’S ISSHO.ORG)

Now bear in mind that if these Kume letters were not up and searchable on debito.org, the entire issue would have been lost to the sands of time.

Which creates a clear irony. Another letter regarding the Kume “Gaijin” Gaffe up on my website is from ISSHO Kikaku, a formerly active Internet action group which promoted diversity in Japan (http://www.issho.org), headed by Tony Laszlo, now a millionaire and public figure. Tony Laszlo became very rich and famous in the 2000’s as “Tony-chan”, the amusing foreign husband of an international couple, thanks to the magical depiction by his wife, the very talented manga artist Oguri Saori, in the DAARIN WA GAIKOKUJIN multi-million-selling comic-book series. (Japan Times article “Drawing on Love: A publishing marriage made in heaven” at http://search.japantimes.co.jp/cgi-bin/fl20041017x1.html)

Anyway, the thing is, you can’t find that ISSHO Kume letter up at issho.org anymore. In fact, you can’t get any information whatsoever from the ISSHO Kikaku domain, despite all the years of work by hundreds of volunteers (myself included) creating that archive and information site. Issho.org also contained information on other important issues, such as foreign academics in Japan, the Azumamura Pool Exclusions Case, and the Ana Bortz Lawsuit.

Fact is, the ISSHO archives have been down for more than a year now (all you get when you access issho.org is “Site renewal – please wait a while. Submitted by issho on Sun, 2005-12-04 11:39.”) According to others doing net searches said: ” I just hope [information on the Ana Bortz Case] wasn’t solely on the issho.org site, because according to the Wayback Machine), ‘access to http://www.issho.org has been blocked by the site owner via robots.txt.’ Which means whoever controls that domain has purposely blocked any attempts from outside to access information from it.” “To be more specific, the robot directed all search engines not to create their own archive. Also, there was a text message in the file, it read: ‘Go away!'”

I don’t know any real human rights group which would do a thing like this. Collate all this information and then not let people access it?

Similarly, the archive for the former issho mailing list at yahoogroups, likewise under the administration of Tony Laszlo, was also deleted several years ago.

Why does this matter? Because ISSHO Kikaku’s archives were an important historical record of how the foreign community in Japan fundamentally changed its awareness in the 1990’s. Foreigners began to refuse being merely seen as “guests”. They began asserting themselves online with a newfound confidence as residents and taxpayers, demanding attention, due recognition, and commensurate human rights.

I also tried to chart the rise of foreign resident awareness in my books JAPANESE ONLY. However, I received a letter, dated August 13, 2004, from Tony Laszlo’s lawyer, the famous TV lawyer Kitamura Yasuo, accusing me of infringement of copyright, libel, and invasion of privacy. Kitamura’s letter is available at https://www.debito.org/letterlazlawyer.html”>https://www.debito.org/letterlazlawyer.html

On August 30, 2004, my publisher and I had a meeting with Tony Laszlo and his lawyer, where he demanded that my publisher halt publication of both my English and Japanese versions of JAPANESE ONLY. We didn’t.

I bring all this up now because there has been more than a year of dead issho.org archives, many years of dead yahoogroups archives, and an attempt to silence another published account of the times in two languages. Why is there so much suppression and/or deletion of the historical record?

The biggest irony is that Tony Laszlo is once again appearing in public as “Representative, ISSHO Kikaku”, according to a November 26, 2006, meeting of new NGO “No-Borders” (http://www.zainichi.net Click under the left-hand heading “nettowaaku ni sanka suru soshiki, kojin” in the blue field, fourth from the top. His is the fifth name on the list. If that archive also mysteriously disappears, refer to https://www.debito.org/noborders120706.webarchive)

With no clear membership, no accessible information site, and no archives to show whatever ISSHO Kikaku has ever done, it seems that this is a Potemkin group indeed.

===================================

The bottom line: It is precisely because of archives that Kume Hiroshi apologized. Without a record, we are writing sand messages on the wind. Let history be judged in retrospect without denial of access or mass deletion. If we’re ever going to get anything done for ourselves in this society, we need to know what to continue building upon.

Arudou Debito
Sapporo, Japan
debito@debito.org
https://www.debito.org
December 7, 2006
ENDS

//////////////////////////////////////////////////////////////////////

ADDITION: JAPAN TIMES ARTICLE
Drawing on love

The “Da-rin” books detailing a couple’s quirky ways are a publishing marriage made in heaven
By TOMOKO OTAKE, Staff writer

THE JAPAN TIMES Sunday, Oct. 17, 2004
Courtesy (and with photos and book excerpts at)
http://search.japantimes.co.jp/print/fl20041017x1.html

She is a Japanese manga artist with a piercingly sharp eye for human traits and foibles. He is an American writer and language buff who can chat with equal ease in four languages. Together, they make for a magnetic — not to say a “mangaetic” — couple.

That’s because for Saori Oguri and Tony Laszlo (above), their life together has also spawned a side-splitting comic-book series which, in two volumes, has recently topped the million-sales mark.

In the first of the books, “Da-rin wa Gaikokujin” (which means, “My Darling Is a Foreigner”), 37-year-old Oguri turned her life with 44-year-old Tony into a hilarious read.

Published in December 2002, “Da-rin” depicts Tony as a sensitive, naive and reflective guy with markedly chiseled features.

In one episode, bearded Tony is so emotionally affected by seeing a bus fly through the air off the middle of a broken highway in the action film “Speed” (only to miraculously land on the unbroken other side) that he has to get up and lean against the wall for a while “to soften” the shock. Meanwhile, Saori comes across as an articulate, no-nonsense type — a spouse Tony had no chance of shifting when she’d decided to buy two luxurious 200 yen buns at a bakery, despite him urging her to just get one 100 yen bag (with two buns in it) to save money.

“But what if we died tomorrow?” she retorts, her eyes narrowing into fiery slits. Next moment, she’s morphed into a woman on her deathbed, a worn-out futon — whispering feebly from between sunken cheeks: “I . . . wanted to eat that 200 yen bun . . . ”

Talking recently with the couple at a trendy cafe near their home in Tokyo’s Shibuya Ward, that same comical chemistry came to life from the pages of their book, with Tony waxing lyrical and reflective while his wife, in total contrast, cut straight to the chase.

Their first encounter dates back to 1995, when Saori volunteered to help at an event organized by a nongovernmental group that Tony had founded. Which one of them first had a crush on the other is a bone of contention, with each claiming the other was the first to look him/her in the eye.

Tiffs over ‘subtleties’
But anyway they clicked, started dating, and eventually got married. Although the book describes their budding relationship humorously, it was rocky at first, Saori said. That wasn’t just because Tony hails from the United States and has Hungarian and Italian parents, or just because Saori grew up in Japan. The tiffs came from differences in “subtleties” — like feeling that the efforts you’ve made to adjust to the other went unrecognized.

It was Noriko Matsuda, an editor at the Tokyo-based publisher Media Factory, who persuaded Saori, her older sister’s friend, to create a comic book based on the couple’s life. Matsuda had been a longtime fan of Saori, whose style before “Da-rin” had been relatively low-key, often allied to serious story lines and with dramatically different graphics from “Da-rin,” featuring lots of gorgeous girls and guys.

After she agreed to rise to Matsuda’s challenge, Saori drew the first volume of the book in just six weeks — from October 2002 — after taking time off from a series she was doing for a comic magazine.

Riding the success of the first “Da-rin,” whose total print run is now up to 550,000 copies, Saori came up with a sequel, simply titled “My Darling Is a Foreigner 2,” which was published in March.

Initially, the books were targeted at cross-culturally married couples. But they have turned out to have a much wider public appeal.

Nonetheless, the scale of the books’ success — with a combined 1.03 million copies printed so far (for which Saori receives 10 percent royalties for every one sold) raises the question of whether its popularity is connected to the rising number of Japanese getting hitched to non-Japanese (36,039 in 2003, up from 26,657 a decade ago, according to official statistics). Or does it mean that more Japanese are finally embracing multiculturalism — or at least feeling obliged to tune into the English-speaking world?

According to Matsuda, the book’s success has little to do with any of that.

“Whether you marry a Japanese or a foreigner, marriage, at the end of the day, is about living with someone else,” she said. “And readers probably resonated with the author’s message, which is, if you try to understand each other better, it makes life so much more enjoyable.”

Saori agrees that it’s not the theme of “international marriage” that has fueled the “Da-rin” boom. In fact more than 70 percent of the 60 to 100 postcard responses she gets from readers every month are from Japanese married to Japanese, she said — or from Japanese who are single.

Long after the book’s publication, there was one significant other whose opinion Saori was denied. Tony stopped himself from reading it, because he didn’t want to get caught up in all the hype.

Characteristically, though, when he did recently delve between its covers, he minutely examined its every detail. That was after contracts were signed for an as yet untitled English-Japanese bilingual version of the first book — and Tony was assigned as the translator. Now, he faces the daunting task of ensuring that all its many jokes and entertaining nuances equally successfully bridge the linguistic — and cultural — divide.

“I trust him,” Saori said. Then she turned to him with just a hint of intimidation in her tone, and said: “I’m counting on you, really.”

Keys to cohabitation
So just what are the keys to enjoying living with someone else?

“Talk a lot with each other, but don’t meddle in the other’s business,” Oguri replied directly and without hesitation. “I want him to clean up his stuff, but I don’t tell him persistently.”

I asked for Tony’s input. He paused, then started talking — in impeccable and soft-spoken Japanese — about the limitations of space in big cities and how it is important for a couple to secure enough living space to avoid needless conflict with each other.

“To overcome the shortage of space, you should learn how to put things upward, instead of sideways,” he said. “It’s been some 15 years since I came to Japan, but it’s still hard to master that. In Japan, stereos and other electronic appliances are all stacked up . . . ”

“Everyone is doing it,” Saori cut in. “You’re trying to justify your inability to clean up, aren’t you?”

“And it’s important not to interrupt someone when they’re speaking,” he continued.

Saori sighed, as Tony went on to stress at length the importance of community support in a disaster-rich nation like Japan. Eventually, though, his orbit brought him back to the area of relationships.

“It would be nice if you could be flexible so that you can adjust to your partner, while at the same time retaining your solid, individual self,” he opined.

“Yes, flexibility is necessary,” Saori concurred in an ever-so-slightly un-“Da-rin” way.

The Japan Times: Sunday, Oct. 17, 2004
ENDS

Bar exams in Japan– “New” vs. “Old”, and how lawyers in Japan become.

mytest

Hi Blog. Blogging post here from a friend with permission. Fascinating account of how people become lawyers in Japan, and the sea change in Japan’s Bar Exam system, which people of course must pass to qualify. Won’t summarize. Read on. Debito in Sapporo

//////////////////////////////////////////////////////

Japan’s bar exam (司法試験–shihou shiken) is no longer called that — it’s called either
the 旧司法試験 kyuu shihou shiken or the 新司法試験 shin shihou shiken.

1. 旧司法試験–the “Old Bar”

Since the 1950s, Japan’s bar association has operated a very simple
procedure for becoming a lawyer: pass the bar exam. That’s it. No law
schools. No pre-exam training. Applicants did not even have to
graduate from a university. After you passed you went and did 司法研修,
managed by the Supreme Court, and then you were a lawyer (or
prosecutor, or judge). End of story.

While that might sound liberal, the results were not egalitarian — or
to frame it in Japanese con law terms, 形式的平等はあったのに、実質的平等にはなかった, i.e.
the opportunity was equal but the results were not. The pass rate was
typically 1%, and half of all attorneys are from Japan’s top six
universities (Todai, Kyodai, Keio, Chuo, Waseda, Hitotsubashi). More
than 90% have undergraduate degrees in law, the average attorney
passes the exam on the fifth try, and the average age of admittance to
the bar bar is 28. That means many, many hopeful attorneys wasted
years of their lives studying hard for the exam, many of whom had to
give up in their 30s (or even 40s), having lost much of their young
professional lives.

The exam structure is such: 60 multiple choice questions in May, pass
rate 20%. Then two days of essays in July, pass rate 15%. Then a
spoken exam in January, pass rate 95%. That comes down to about 1-3%
in total. The laws tested are the Constitution, Civil, Criminal,
Commercial, Crim Procedure, and Civ Procedure.

2. 新司法試験–the “New Bar”

Japan took a major step towards revolutionizing its legal sector in
2004 when it opened American-style law schools. The standard course is
three years (or two years for students with undergraduate degrees in
law). The first “new bar exam” was held this past May, and the pass
rate was 48% (for comparison purposes, that’s the same as California.)

However, the functional results are the same. I mean, 40,000 people
applied for these new schools, 3,000 got in, only 2,000 sat for the
exam, and 1,000 passed. So from 40,000 applicants to 1,000 lawyers
means the bar is accomplishing the same result, in that many, many
people who sit for the old bar will never pass it, and rejecting them
from the get go is a more effective way of not getting the hopes up of
people who will never become lawyers.

The exam structure is such: Day 1 is multiple choice; Day 2 is an
essay on the special subject you study and the Constitution; Day 3 is
an essay on Civil Law; and Day 4 is an essay on Criminal Law. The
laws tested are the original six, plus Administrative Law and one
選択科目: Bankruptcy, Labor, IP, International Law, Economic Law, and a
few others.

3. Dual regime: 2006-2011

The “old bar exam” will remain in place until it is phased out in
2011. Anyway, it’s my intention to give this old exam an honest try
for the few years that I’m working. And the weird thing is, although
structurally and historically different, lots of Japanese and US law
is the same.

4. Reasons to change

There are lots of reasons to change to a new system:
A. A “quota” (i.e. we will admit 1,500 lawyers this year) as opposed
to a score (everyone over 80% passes) means that the quality of
lawyers varies by year in accordance with the respective competition.

B. Lots of people waste years, even a decade or more of their life
studying for the exam. In a society with a declining population,
that’s a tough strain on the workforce and denies businesses access to
hiring rather smart people who are under the delusion that they can be
lawyers.

C. Despite studying for five or more years or however many years, most
lawyers aren’t very good! They’re trained in the theory of law, but
not the practice, and are often bookworms or introverts, and not made
to go out and reassure clients that they are representing them to the
fullest.

D. The demand for lawyers had forced the pass rate up. Until 2000,
the pass rate was 1%. By 2005 the pass rate was 3.8%, but lowering
the bar pass rate given the incumbent exam regime just aggravated
problem C.

E. The lack of competent business attorneys has meant a massive influx
of foreign attorneys, who have maneuvered into a position where they
come close to dominating the major transactions in the Tokyo legal
world.

That’s my summary — the long-ish version, although I could share much more…
ENDS

Asahi Dec 1 06: Osaka High Court rules Juki Net unconstitutional. OK, how about Gaijin Cards, then? (with update)

mytest

Hi Blog. Interesting legal precedent set here about constitutional rights to privacy. Hm. What the plaintiffs probably fear happening to them happens on a daily basis to foreigners in this country, who are also supposed to be covered by the Constitution.

More comment afterwards.

//////////////////////////////////////////////////////
Court, citing privacy, orders data cut from Juki Net
12/01/2006 THE ASAHI SHIMBUN
http://www.asahi.com/english/Herald-asahi/TKY200612010166.html

OSAKA–The high court here ruled Thursday that the “Juki Net” residence registration network infringes on people’s right to privacy if they oppose the system.

For four plaintiffs, it ordered the code that allows access to their data to be taken off the network.

However, it rejected claims for individual compensation of 50,000 yen by 12 other plaintiffs.

Presiding Judge Shogo Takenaka said: “The Juki Net has defects that cannot be ignored in terms of protecting personal information. Applying it to residents who don’t want their personal details on the network is against Article 13 of the Constitution that guarantees the right to privacy.”

The court’s decision is the first by a high court. It overturns an earlier ruling by the Osaka District Court.

The lawsuit was filed by 16 residents from the Osaka prefectural cities of Toyonaka, Suita, Minoo, Moriguchi and Yao.

A number of lawsuits have been filed around the country over the system that started in August 2002.

Each resident is given an 11-digit code and data covers name, address, date of birth and sex.(IHT/Asahi: December 1,2006)
ARTICLE ENDS
////////////////////////////////////////

COMMENT: Well, how about that. People all up in arms due to a possible infringement on privacy? And even the courts say that is a serious concern, enough to rule that the holding of this information without permission is unconstitutional?

Fine. But this release of personal information to outside parties (police, hotels, employers, video store clerks…) happens on a daily basis to foreigners in Japan, thanks to their very own version of the “Juki Net”–the Gaijin Card. This is something that follows them around, too. They hafta carry their Gaijin Cards 24 hours a day and show them to certain officials upon request, or face arrest and criminal prosecution.

Given this ruling, how about foreigners’ rights to privacy, now?

I am aware that foreigners have fewer rights in any country (such as lack of suffrage). But protection of privacy and from unwarranted police harrassment is not axiomatically something which needs to be made contingent upon holding citizenship.

Police and public officials must have probable cause before investigating people in public in Japan. That is enshrined in law (Keisatsukan Shokumu Shikkou Hou) with no exception made for extranationality. If you don’t have probable cause, that’s an infringement of privacy, something even the Japanese courts yesterday made clear is inviolate under the Japanese Constitution. And sorry, folks, Constitutional guarantees apply to people in Japan regardless of citizenship.

I am also aware that the laws contradict themselves–that under the Foreign Registry Law (Gaitouhou), police can stop anybody at any time who looks foreign and probably get away with it. But which trumps here? One law (and a court ruling) which says privacy is inviolate without permission and probable cause? Or a law which enables random and wanton Gaijin Card checks by certain officials, and is so easily abused by those officials (and the people they suddenly deputize) that it leads to racial profiling and harrassment of even Japanese citizens? Precisely those things that the Japanese Constitution is supposed to protect against?

Would be interesting if somebody were to take this to court and let them decide. (Hey, don’t look at me. I don’t even have a Gaijin Card anymore.)

Now just in case you’re seeing molehills here, a couple of links:

=================================
Abuse of the law by public officials: “CHECKPOINT AT CHECK-IN; Laws are still being bent by authorities to target ‘foreigners'”. By Arudou Debito, Japan Times, October 13, 2005
https://www.debito.org/japantimes101805.html

Pertinent laws and how to enforce them yourself:
https://www.debito.org/whattodoif.html
=================================
ENDS

COMMENT FROM CYBERSPACE:
///////////////////////////////////////////////////////////////////////////
The laws do not conflict. If the Gaitouhou conflicted with the
Constitution it would be null and void, the Constitution being the
supreme law of the land (article 98).

In applying the above case to argue that foreigners should be
protected from intrusive IC chips and gaijin card checks, the issue is
a conflict between 1.) the right to privacy, and 2.) our presence in
Japan, which is not a right and can be denied and regulated. Nowhere
in the constitution does it say you have the right to enter Japan or
live here. Entrance and reentry into this country is at the
immigration bureau’s discretion, and your visa and right to be here is
at the discretion of the state. (For real diehards, this issue was on
this year’s bar exam: year H.18, question 2!
http://www.moj.go.jp/SHIKEN/dainiji_shiken.html )
///////////////////////////////////////////////////////////////////////////

I REPLY:
— In cyberspace, someone wrote:
>The laws do not conflict. If the Gaitouhou conflicted with the
>Constitution it would be null and void, the Constitution being the
>supreme law of the land (article 98).

Yes, if somebody challenged it in court. I’m not sure anyone has. That’s precisely the point
of my post. It’s an interesting question, in light of this recent ruling on privacy rights and
public registration. Anyone want to challenge the Gaijin Card in court? I can’t. Debito
///////////////////////////////////////////////////////////////////////////

FRIEND REPLIES:
///////////////////////////////////////////////////////////////////////////
“Gaijin” card checks have been regularly upheld by the courts, most
recently in a 1997 case where the Supreme Court said a confirmation
system (kakunin seido) as defined in the Foreign Registration Law, for
the purpose of assuring proper foreign registration of non-citizens
(nihon kokuseki wo yuu shinai mono) does not violate the 13th or 14th
Articles of the Constitution. (Sorry, I’m on a docuview program and
can’t provide a link or file, but the case citation is: H.9/11/17 –
H6(a) 687-go. Ruling of the First Petty Bench of the Supreme Court
[saikosai daiichi shouhoutei hanketsu]).

Here’s where the Osaka case may help: if evidence shows that the new
IC card system for foreign registration cards can be exploited and
personal information can be stolen. After all, the fingerprinting
(shimon ounatsu) was removed from the foreigner registration cards on
the grounds that Article 13’s privacy rights did extend to foreigners,
and the state could not take fingerprints from citizens or foreigners
without a just reason.

A google search turned up a short blurb on the case here.
http://www.geocities.co.jp/HeartLand-Keyaki/4352/hanrei/finger.html

Actually, this whole site is a nice collection of court rulings
related to the rights of non-citizens in Japan.
http://www.geocities.co.jp/HeartLand-Keyaki/4352/

Flipping through those links, it’s a catalog of pretty scary stuff.
If this collection doesn’t terrify those of you eligible into
naturalizing, nothing will.

Regarding the legal definition of the right to privacy in Japan:

There is no enumerated right to privacy in the Japanese Constitution.
Article 13 guarantees A.) respect of the individual and B.) the right
to pursue happiness, both to the extent that these two rights do not
oppose the public welfare.

The right to privacy has been inferred to exist from Article 13, but
its definition is defined as:
1.) the right to not have your personal lifestyle (shi seikatsu)
disclosed; or
2.) the right to control information regarding one’s person.

A successful case on right to privacy grounds must argue within the
scope of one of those definitions.

Speaking of which, consider this: the right to privacy was “created”
by the Japanese Supreme Court in 1961 (look at the defendant who lost)
http://www.kyoto-su.ac.jp/~suga/hanrei/10-1.html on a broad
interpretation of Article 13 and respect of the individual; the US
Supreme Court created on the grounds that the “penumbras” of the
Constitution implicitly grants a right to privacy against government
intrusion (in the case Griswold v. Connecticut). Interesting how
Japanese and US law was parallel in that regard. And it wasn’t the
first or last time. More on that in person some time.
///////////////////////////////////////////////////////////////////////////
End

NEWS FLASH
Courtesy of Kyodo News (Thanks Chris)

Monday, Dec. 4, 2006
Juki Net judge in apparent suicide

OSAKA (Kyodo) An Osaka High Court judge died Sunday morning in his
Hyogo Prefecture home in an apparent suicide four days after handing
down a landmark ruling on the controversial resident registry system.

Shogo Takenaka, 64, was the presiding judge when the high court ruled
Thursday that listing people on the Juki Net national resident
registry network without their consent is unconstitutional.

The court, citing a request from his family, did not comment on how
Takenaka died at his home in the city of Takarazuka. But police
sources said he was found hanged in the second floor of the house at
around 9 a.m. and was later confirmed dead.

The ruling, reversing a February 2004 decision by the Osaka District
Court, is expected to affect other lawsuits filed by people opposing
the nationwide network connecting local governments’ databases of
residents. Non-Japanese are covered by a separate registry.

Takenaka ruled that including residents in Juki Net who are opposed to
the system and want their data deleted violates the right to privacy
guaranteed by the Constitution. The high court, acting on a suit filed
by 16 residents of Osaka Prefecture, ordered three city governments to
delete resident registry codes and data on four of the plaintiffs.

A native of Hyogo Prefecture, Takenaka became an assistant judge in
1970 and served on the high court since September 2004.

ends

朝日:住基ネット「同意なければ違憲」。じゃあ「外人カード」は?

mytest

ブログの皆様、こんばんは。朝日からの記事です。私からのコメントは記事の下です。

///////////////////////////
住基ネット「同意なければ違憲」 大阪高裁が削除命令
2006年11月30日23時53分
http://www.asahi.com/national/update/1130/OSK200611300070.html

 住民基本台帳ネットワーク(住基ネット)に生年月日などの個人情報を接続されてプライバシーを侵害されたとして、大阪府内5市の住民16人が各市を相手取り、本人確認情報の提供禁止などを求めた訴訟の控訴審判決が30日、大阪高裁であった。竹中省吾裁判長は「住基ネットには個人情報保護対策で無視できない欠陥があるうえ、提供を拒否する住民に運用することはプライバシー権を保障した憲法13条に違反する」と判断。原告の請求を棄却した一審・大阪地裁判決を変更し、同府箕面、吹田、守口3市の住民4人の住民票コードを同ネットから削除するよう命じた。

 1人当たり5万円の損害賠償のみを求めた12人の訴えは退けた。02年8月に稼働が始まった住基ネットをめぐる訴訟は各地で起こされているが、違憲と認定し、住民側が勝訴した判決は05年5月の金沢地裁判決以来2件目。高裁レベルでは初めて。

 判決はまず、自己のプライバシー情報の取り扱いについて自己決定する権利(自己情報コントロール権)は憲法で保障されているプライバシー権の重要な一つになっているとし、住基ネットが扱う氏名、生年月日、性別、住所の4情報について「私生活上の平穏が侵害される具体的危険がある場合は、自己情報コントロール権が侵害されたことになり、本人確認情報の利用の差し止めはできる」との判断を示した。

 情報漏洩(ろうえい)の危険性については、自治体でセキュリティー対策が施されるなど具体的な漏洩の危険は認められないとしたが、個人情報を利用する国の事務が270種を超えて拡大し続けている現状などを指摘。行政機関が住民票コードをマスターキーのように使い、個人情報が際限なく集積・結合されて利用されていく危険性があるなど、住基ネットの制度自体に欠陥があると断定した。

 こうした欠陥が主原因となり、「多くの個人情報が本人の予期しないところで利用される危険があり、住民の人格的自律を著しく脅かす危険をもたらす」と述べた。

 04年2月の一審判決は「個人情報保護のための種々の措置がとられており、危険なシステムとは認められない」として、同府内の8市の住民計58人の損害賠償請求を退けた。このうち16人が控訴していた。
ENDS

=======================
有道 出人よりコメント:

 住基ネットが個人許可なしでプライバシーの侵害であるならば、24時間常時携帯の「外人カード」(外国人登録証明書)なども違憲でしょうかね。このような情報プラスアルファが載っているカードは戦後でずっと実施され、外国人からいつでも警察官などに要求され携帯しないと刑事法で逮捕となります。

 例えば、英字新聞「ジャパンタイムズ」2005年10月18日記載:「チェックインの際、外人チェックポイント。厚生労働省が法を乱用」旅館業法改定「日本国内に住所を持たない外国人はパスポート掲示」は当局「全ての外国人を」と曲解し、米国大使館からも訂正の指示を無視して謝った通知を 全国のホテルに発行(有道 出人著)
https://www.debito.org/japantimes101805j.html
 
 きっとこういう風になることで人々が住基ネットに反対でありましょうね。しかし、日本国憲法は国籍を問わず日本国内の全ての人々の権利を守りますが、外国人は同様にプライバシーはありませんか。

 この問題のダブルスタンダードをご検討下さい。宜しくお願い致します。有道 出人

J Today Nov 30 06 Disabled Pakistani naturalized Japanese, barred from boarding Sendai bus, wins damages

mytest

Hi Blog. No comment for now, as I’m on the road. Anybody else find some articles on this? Have the Kyodo article in Japanese blogged before this. Debito

///////////////////////////////////////////

Disabled Pakistani, barred from boarding Sendai bus, wins damages
http://www.japantoday.com/jp/news/391965
Thursday, November 30, 2006 at 15:11 EST

SENDAI — The Sendai District Court ordered the local city government
to pay 550,000 yen in compensation to a Pakistani-born physically
disabled man for a city-run bus’s refusal to board him in 2003,
recognizing the treatment as a form of racial and disability
discrimination. “The driver did treat him implicitly in a
discriminatory manner on the grounds of a difference in ethnicity and
the handicap,” Judge Yoshiko Hatanaka said.

The 60-year-old man, who has paralysis on the left side of his body,
tried to take the bus in Sendai in October 2003. The Sendai city
government had argued that the driver thought that the man was
checking the timetable at the bus stop when he started the bus and so
the move was not a discriminatory action, but the judge said, “The
driver’s testimonies have changed and cannot be trusted.”
ENDS

/////////////////////////////////////////////
JAPAN TIMES ARTICLE

Friday, Dec. 1, 2006
Disabled man left at bus stop wins bias suit
http://search.japantimes.co.jp/cgi-bin/nn20061201a7.html

SENDAI (Kyodo) The Sendai District Court ordered the city Thursday to pay 550,000 yen in redress to a Pakistani-born disabled man who was denied a ride on a city bus in 2003, ruling the snub constituted discrimination against his race and disability.

“The driver treated him implicitly in a discriminatory manner on the grounds of a difference in ethnicity and the handicap,” Judge Yoshiko Hatanaka said, ruling the treatment hence violates the Constitution, which stipulates equality under the law, and the international treaty against racial discrimination that Japan has ratified.

The Sendai government is considering appealing the decision, city officials said.

The plaintiff, 60, who is paralyzed on the left side, tried to take the bus to meet with a friend visiting from Pakistan in October 2003. He is now a Japanese national.

The bus stopped about 22 meters past the stop where he was waiting. He boarded once and asked the driver to wait so he could go back to the stop and retrieve his luggage, and the driver had reportedly agreed. But once the man left the bus, it drove off.

The Japan Times

人種、障害差別で乗車拒否 仙台市に55万円賠償命令(共同)

mytest

(師岡先生からの転送を感謝いたします。有道 出人)

人種、障害差別で乗車拒否 仙台市に55万円賠償命令(共同)
http://flash24.kyodo.co.jp/?MID=RANDOM&PG=STORY&NGID=soci&NWID=2006113001000247

 外国人で障害者であることを理由に、市営バスに乗車拒否されたとして、パキスタン出身の男性(60)=仙台市太白区=が同市に165万円の損害賠償を求めた訴訟の判決が30日、仙台地裁であった。

 畑中芳子裁判官は「運転手が人種、身体障害を理由に差別的取り扱いをした」と認定。法の下の平等を定めた憲法や人種差別撤廃条約などに違反したとして、市に55万円の賠償を命じた。

 判決などによると、男性は来日後に日本国籍を取得。左半身にまひがある。

 男性は2001年10月、パキスタンから来た友人に会うため、仙台市内でバスにいったん乗車。「荷物を取りにいく」と運転手に告げ、バス停まで戻ろうとしたところ、運転手はバスを発車させ乗車を拒否した。

 市側は「乗車拒否などの差別行為はない」と反論していた。

(共同)
(2006年11月30日 11時02分)

Kyodo Nov 23: Odd mock trial of foreigner to test new jury system (with updates)

mytest

Hello Blog. Forwarding from a reporter friend. Comment is his. Debito

//////////////////////////////////////////

Not sure what to make of this. Should I be dissapointed that they chose a
foreigner as the defendant in their mock trial or pleased that the jury
didn’t necessarily lock him up and throw away the key just because he
wasn’t Japanese….. Anyway, for your amusement and education:
==============================

Mock trial under lay judge system held in Osaka
by Keiji Hirano
OSAKA, Nov. 23 KYODO
http://asia.news.yahoo.com/061123/kyodo/d8lipja81.html

Citizen judges on Thursday came out with a mixed verdict on a Briton,
who was indicted for bodily injury resulting in death, at a mock trial in
Osaka.

Paul Lennon, 36-year-old English teacher, stood trial at the mimic
court, sponsored by the Osaka Bar Association, on the assumption that he
kicked a Japanese man because he thought the man had assaulted a woman,
although the man was just caring for his drunken girlfriend. The man died
after falling down on a street and hitting his head.

The mock trial was held prior to the introduction of the citizen judge
system in Japan by 2009, under which professional judges and lay judges
will try such serious crimes as murder, robbery resulting in death,
injuries leading to death and arson, in order to enable the public to
understand the planned system.

It will be the first attempt in Japan to enable ordinary citizens to
be involved in the judicial system.

During the mock trial, the prosecution side said Lennon, a muscled
grade-holder in karate, had kicked the victim, who was much smaller than
himself, without hearing what he had to say in order to chastise him and
that it was an excessive offense to target his face. The prosecutors
demanded a six-year prison term.

The defense lawyers argued that Lennon’s act was self-defense as the
drunken woman said to him ”help me” in English while the victim was
raising his arms in a fighting pose.

They also insisted he had kicked the man in a restrained manner. ”As
a result, the victim did not sustain any injuries to his face. It was
unfortunate the victim died but the defendant is not a criminal,” the
lawyers added.

After hearing the testimonies of the girlfriend and another witness of
the incident, six lay judges — actual ordinary citizens and students who
did not know the contents of the mock trial beforehand — discussed
together with three judges — actual lawyers of the association — about
whether the defendant was guilty.

A citizen judge said, ”I understand the principle of presumed
innocence, but I tend to be attracted to what the prosecutors argued,”
while another lay judge, commenting on the girlfriend’s remarks that the
victim did not raise his arms and the defendant kicked him suddenly, said
it was not trustworthy as she was drunk.

Some citizen judges argued the defendant’s act was excessive as he
should have realized its danger as a karate master, while others said it
was not excessive, based on testimony of the witness that the victim
collapsed dizzily, arguing that he would have fallen fast if the karate
grade-holder had kicked him hard.

While the citizen judges did not reach a consensus, Takashi Maruta, a
professor at Kwansei Gakuin University law school, said after observing the
conference, ”The mock trial showed ordinary citizens can develop
reasonable and persuasive debates.”

Under the citizen judge system, three professional judges plus six lay
judges would decide by a majority vote whether a defendant is guilty or
not, and pass sentence in a guilty verdict. At least one professional judge
and one lay judge must vote on the majority side.

Judicial circles — professional judges, prosecutors and lawyers —
are now holding such mock trials as part of their efforts to make the new
system functional and effective.

A symposium followed the mock trial on Thursday, in which a judge from
Hawaii and two people from Australia and France, who had once served as
jurors, shared their experiences with the audience.

Both Malcolm Knox from Sydney and Francoise de Vaulgrenant from Paris
said they had initially been reluctant to sit in courts as jurors but they
later found it a ”unique” and ”fascinating” experience.

While jurors must have been prejudiced initially, ”we became
impartial” after entering the jury room, said Knox. He said he had doubts
if he could work with others whom he did not know, but that he found it
wonderful to work with various kinds of people and he could foster trust in
other citizens after serving as a juror.

Vaulgrenant shared the view, calling the change in the jurors
”magic,” and told the Japanese audience ”don’t miss it” if selected to
be a citizen judge.

Lay judges in Japan would be chosen at random from lists of eligible
voters in a general election for the House of Representatives, regardless
of their views, faith or abilities.

Sabrina Shizue McKenna, a judge from Hawaii, said 99 percent of jurors
in her court said it was a great experience, although they too had been
hesitant about serving as jurors at first.

Speaking in Japanese, McKenna said, ”Life experiences of ordinary
people are much more important than professional knowledge of judges (in
discussing legal cases).”

Yuji Shiratori, a law professor at Hokkaido University who attended
the symposium, said that while introduction of a lay judge system has a
symbolic meaning of citizen’s participation in the judicial system, it is
also expected to improve overall criminal justice by exposing investigation
and defense processes to the public.

As lay judges will deliberate on serious crimes, which may lead to
capital punishment, Shiratori said, ”It is likely that not a few lay
judges will be hesitant to be involved in giving a death penalty, and the
introduction will be a good opportunity to stir national debate over
capital punishment.”

The lay judge system will be reviewed three years after its
introduction, and Shiratori said he expects the majority verdict to be
revised to a two-thirds or three-quarters decision in the future to ensure
more legitimacy during the review period or even before the 2009
introduction.
==November 23, 2006 21:49:55 Kyodo News
////////////////////////////////////////////////

COMMENT: What odd things make the news… With all the events jockeying for your attention, why so much of this highly-contrived fake court case? And I fail to see how this is any harbinger of the future of Japan’s upcoming jury system. Surely they could have come up with a better issue to put before a jury? Debito

//////////////////////////////////////////////////////
UPDATE NOV 27, 2006:
(from friend MS)

For your information, this would be a rerun of the actual trial of one Steve or Stephen Bellamy, who was indicted for manslaughter in Chiba around 1982 or thereabouts. His appeal went all the way to the Supreme Court.

He never spent any time in prison but had to pay whopping compensation to the dead man’s family. The whole thing was just a sad misunderstanding, the man was not assaulting the woman — she was just drunk and acting in an obnoxious manner, but Steve went galloping to her rescue like a knight in shining armor. I think he eventually moved to Hawaii. Back in the days of 300bps acoustic modems, Bellamy had one of the first computer bulletin boards in Japan, called Kanto Central.

Unfortunately there’s nothing in Google re this case. Anyone else here 25 years or so ago who remembers any details? MS

==============================

COURTESY OF REPORTER FRIEND MW

Debito,

Google might not have anything but Lexis Nexis does! Sorry for the caps….

Copyright 1984 Kyodo News Service
Japan Economic Newswire
NOVEMBER 22, 1984, THURSDAY
LENGTH: 311 words

DATELINE: TOKYO, NOV 22

BODY:
APPEAL COURT REVERSE TOKYO HIGH COURT FOUND A BRITISH BUSINESS CONSULTANT GUILTY OF ASSAULT RESULTING IN DEATH STEMMING FROM AN ALTERCATION ON A MATSUDO STREET THREE YEARS AGO.

JOHN STEVEN BELLAMY, 34, WAS SENTENCED TO 18 MONTHS IN PRISON, BUT SENTENCE WAS STAYED AND BELLAMY PUT ON THREE YEARS PROBATION DUE TO THE CIRCUMSTANCES OF THE INDICENT.

THE CHARGE AROSE AFTER BELLAMY, A THIRD-DAN (LEVEL) KARATE EXPERT, BECAME INVOLVED IN WHAT HE THOUGHT WAS A DOMESTIC QUARREL IN MATSUDO BETWEEN YASUTOSHI HARIMA, THEN 31, AND A DRUNKEN WOMAN.

DURING LOWER COURT TESTIMONY, THE COURT WAS TOLD BELLAMY APPROACHED THE PAIR AND TRIED TO MEDIATE IN THE SITUATION, BUT WHEN HARIMA ASSUMED A BOXING STANCE AND THREATENED TO STRIKE THE BRITON, BELLAMY STRUCK OUT WITH A KARATE KICK WHICH RESULTED IN HARIMA’S DEATH.

HARIMA APPARENTLY STRUCK HIS HEAD ON A CONCRETE CURB AFTER THE KICK AND DIED FROM HEAD INJURIES.

THE CHIBA COURT RULED BELLAMY INNOCENT BECAUSE THE KICK WAS EXECUTED IN SELF DEFENSE, BUT THE TOKYO HIGH COURT SAID THE DIFFERENCE IN SIZE BETWEEN THE TWO MEN, HARIMA WAS 160 CM TALL AND 60 KILOGRAMS WHILE BELLAMY IS 180 CM AND 80 KILOGRAMS, AND THE EXPERT NATURE OF BELLAMY’S ATTACK RENDERED A RULING OF SELF DEFENSE INVALID.

THE HIGH COURT ADDED THAT THE KARATE MOVE WAS OF SUCH A SKILLFUL NATURE THAT AN ORDINARY PERSON COULD NOT BE EXPECTED TO DEFEND HIMSELF FROM IT.

IRONICALLY, THE SITUATION WHICH PROMPTED THE ALTERCATION WAS NOT AS THE BRITON HAD ASSUMED.

HARIMA WAS ACTUALLY TRYING TO COMFORT A FRIEND’S WIFE WHO HAD BECOME DRUNK AND WAS NOT ATTACKING THE WOMAN AS BELLAMY BELIEVED AT THE TIME.

BELLANY, VISIBLY PALE AND SHAKEN BY THE VERDICT, SAID HE HAD DONE “JUSTICE” AT THE TIME AND FELT THE HIGH COURT RULING “CRAZY, JUST CRAZY.”

THE HIGH COURT DECISION WILL BE APPEALLED TO THE SUPREME COURT, BELLAMY’S LAWYER INDICATED.

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Hi, Debito:

I’ve been following your postings and articles over the years since we last exchanged mail. Generally (though not always) I’ve been in agreement. Hats off to the wide scope of your concerns and the sheer energy you bring to bear on them.

As for the mock trial in Osaka — you may know it is based on one of the most famous cases in the region involving a defendant named Steve Bellamy. The incident took place about a quarter of a century ago and was widely publicized here. I don’t have the dates or other details locked in my memory and my clippings for that period are not sorted.

The Bellamy case raises the sort of issues that case study textbook writers love. In the US today (possibly even at the time), Bellamy would have won in criminal court then lost in civil court — like Peairs in the Hattori case. The mock trial, like the case it was based on, was not about nationality. The issues are precisely those addressed by the jurors. From a legal education point of view, the Osaka Bar Association knew what it were doing.

For what it’s worth. You have my permission to use what I have written here any way you wish.

Keep up the good fight.

Bill Wetherall
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ENDS