Japan Times: More NPA behavioral oddities re alleged murders of Scott Kang and Matthew Lacey Cases

Speaking of odd Japanese police behavior towards NJ in criminal cases: We’ve talked about the Scott Kang and Matthew Lacey Cases here on Debito.org before. Fortunately, these cases have gathered traction thanks to caring family members, and tenacious reporters who don’t accept the NPA’s line that both of these deaths of NJ were mere accidents (while refusing to cooperate promptly and clearly on autopsy reports). I have argued before that Japanese justice operates on a different (and subordinate) track for NJ victims of Japanese crime (i.e., Japanese perps get off the hook, foreign perps get thrown the book). These articles in the Japan Times help to fortify that case (not to mention further illustrate how the USG’s missions abroad are woefully inadequate in providing service and protections to their own citizens).

JT: Nineteen-year-old Scott Kang was found lying unconscious in a pool of his own blood in the early hours of Aug. 26, 2010, in the sixth-floor stairwell of Collins Building 15, an eight-story high-rise of small hostess bars and clubs located near Shinjuku City Hall in Kabuki-cho. He remained in a coma for five days before dying of his injuries, his mother by his side, at the Kokuritsu Kokusai Iryo Kenkyu Center in Shinjuku…

The Kangs and their supporters strongly reject the police finding of accidental death and want to see the case re-opened. They are also deeply unhappy with the way the Japanese police carried out the investigation and their failure to inform the family when they closed the case [in February]… But according to Mr. Kang, he received no communication from the U.S. authorities about the investigation’s closure until early July when an officer from the U.S. State Department telephoned.

Kang says that the failure of the embassy to pass on such critical information in a timely fashion shows the embassy is not taking the case seriously. “I feel the U.S. Embassy acted as if Scott was not a U.S. citizen.”…

JT: Charles Lacey’s brother died mysteriously [in 2004] in Fukuoka and he’s still trying to learn the cause. He believes police bungled the investigation, wrongly concluded the death was due to an accident and are, like prosecutors, purposely withholding key information that could suggest foul play…

The English translation of the postmortem, which was prepared by Fukuoka police and not by the doctor who performed the exam, attributed the death to an “unknown external cause” and “it is suspected the subject was hit on the head.” To the family’s surprise, foul play was ruled out.

Matthew Lacey Case: Fukuoka police dismiss NJ death by blow to the head as “dehydration” (Yomiuri & Japan Times)

Hi Blog. Here are two articles about a mysterious death of a NJ, found dead in his apartment 3 1/2 years ago, deemed not a product of foul play by Fukuoka police (with no autopsy performed). An autopsy overseas reveals the cause of death to be a blow to the head. The Japan Times took …

The Govinda (Mainali) miscarriage of justice murder case ruled for retrial after 15 years, so Immigration deports him. But there’s more intrigue.

Making headlines this past week has been the Govinda Mainali Murder Case, a cause celebre I’ve known about for years (thanks to a very active domestic support group with regular mailings in Japanese). It’s come to a head, where DNA evidence has finally cast enough doubt on the evidence behind the conviction (see Yomiuri article immediately below), and it’s come to light (see Japan Times editorial below) that the prosecution withheld (or didn’t bother to have tested) vital evidence from the court (yes, they can do that in Japan) that would have exonerated him. It also put him in double jeopardy, meaning trying him more than once for the same crime (technically illegal, but yes, they can do that in Japan), reversing a not-guilty decision in lower court. As if that wasn’t enough, note the date of the Yomiuri article below stating the negative DNA test (July 2011) — meaning it only took Japan’s criminal justice system about a year for him to finally get his retrial, on top of the 15 years he’s been incarcerated. And after all that, now that it looks like Govinda is going to have his name cleared, Immigration is just going to deport him. The police in Japan are sore losers.

Now, check out the details in Terrie’s Take below, where the plot really thickens because the murder victim, a prostitute in her off-hours, was an employee with TEPCO (yes, that TEPCO) with names of some high-level clients in her address books…

As Terrie Lloyd notes below (as have I in the Japan Times), the already prosecutor-heavy criminal justice system in Japan is even more so if the suspect is a NJ. More and more it looks like Govinda Mainali was actually a patsy for the powerful because he was a convenient foreigner for the Japanese police to pin this on. I’ve already discussed in detail before how Japan’s criminal investigation system is fully stacked against NJ victims (start here with the Scott Kang and Matthew Lacey Cases, then progress to the Suraj Case, where the police have still gotten away with murder). The Govinda Case is yet another case study for everyone to remember for when the NJ are potential perps. Can’t win either way once the Japanese police get their hands on you.

Nepalese beaten to death in Osaka, 4 assailants arrested in apparent hate crime

JT: A Nepalese man died Monday after being assaulted on a street in Osaka early Monday by two men and two women, police said Tuesday. Bishnu Prasad Dhamala, 42, died at a hospital after being attacked in Abeno Ward.

The police said they arrested Hiroki Shiraishi, 21, a tattoo artist, and his acquaintance, Miyoko Shiraishi, 22, at the scene after receiving a report about the assault. The police are looking into the whereabouts of the other two assailants. [who were later arrested in Tokyo] The four and Dhamala are not believed to be acquainted and the police are trying to identify the cause of the incident.

COMMENT: This is clearly a hate crime. It is reportedly a random singling out of a NJ by a group of four J youths who beat him senseless — even dropped a bicycle on his head, smashing his skull on the pavement. Fortunately (after a chase), they have all been arrested, no doubt after the security camera footage (below) made any plausible deniability of the event impossible. (In statements to the police, according to the Japanese media below, one assailant even insinuated that he couldn’t believe he had actually killed a foreigner. Come again? That’s the ultimate in kubetsu plus denial.)

There is little more to be said except that this is hardly an isolated incident. We’ve already mentioned the Scott Kang and Matthew Lacey probable homicides (“probable” only because the NPA essentially refuses to acknowledge that they were outright murders, and stonewalls attempts to release further data that would probably prove things conclusively). But go back a bit, and you’ll find the Herculano Case, where a 14-year-old Brazilian boy named Herculano Reiko Lukocevicius was similarly beaten to death on October 6, 1997 by a Japanese gang in Komaki, Aichi (information about a book on his case is here); he was afforded much less press coverage (I’m glad the Japanese media is on the ball this time, with far more coverage in Japanese than in English). And of course we cannot leave out the Suraj Case, which is even more insidious since his brutal death was at the hands of officialdom (and may be but the tip of the iceberg, given Immigration’s history of ill-treatment of NJ while in detention). And if we stretch the issue even further, how about that recent curious “suicide” of a NJ suspect, accused of murdering two other Taiwanese students, who was somehow allowed to have a knife and sufficient mobility while in NPA custody presumably despite searches? All curious lapses in standard procedure when a NJ is involved.

In sum, I think it is time to retire the myth that Japan is preternaturally “safe”. After all, public maintenance of this myth not only gets in the way of honest accounting, but also makes nationality an issue, as officialdom publicly states that foreigners commit more crime (and therefore, the logic eventually ensues, shouldn’t be here in the first place). Let’s face it: When properly accounted for, reported, and considered without the bias of nationality either of victim or perp, Japan has its fair share of criminal behavior. Therefore people should be careful of being the target of basic covetousness, wanton prejudice and scapegoating, or even just random hatred. After all, Japan has no effective laws to punish the last two (see here and here) if you have the misfortune to be existing while foreign here.

DEBITO.ORG NEWSLETTER DECEMBER 5, 2011

Table of Contents:
1) David Slater and Yomiuri on how activism re Fukushima is being stifled, contamination efforts stymied
2) Movie about Ichihashi Tatsuya, convicted killer of Lindsay Ann Hawker, already in the works — based upon his book. Ick.
3) MOFA offers public comments on signing Hague Convention on Child Abductions; not much there
4) UPDATE: Post-divorce J child abductor Inoue Emiko DOES get book thrown at her in Milwaukee court, will return abducted child to custodial NJ father
5) Thai flood victims getting 6-month visas into Japan to maintain Japan Inc.’s supply lines, then booted back home
6) The tug of war continues: Fukuoka High Court overrules Oita District Court that doubted, then affirmed, Oita Prefectural Govt’s denial of welfare benefits to superannuated NJ Permanent Resident
7) Debito.org Dejima Award to Japan Rugby Football Union, blaming J losses on “too many foreign players”, including naturalized former NJ
8 ) Japan Times: Colin Jones on schizophrenic J constitution regarding civil and human rights of NJ residents
9) Japan Times: More NPA behavioral oddities re alleged murders of Scott Kang and Matthew Lacey Cases
10) Suraj Case of police brutality and death during Immigration deportation in Japan Times Nov 1, 2011
11) Have Your Say: Letters to the Editor re my Oct 4 2011 Japan Times JBC column, “Japan needs less ganbatte, more genuine action”

…and finally…
12) My Japan Times JUST BE CAUSE column 45 Nov 1, 2011: “The costly fallout of tatemae and Japan’s culture of deceit”

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

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

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

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

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

DEBITO.ORG NEWSLETTER FEBRUARY 14, 2008

JUSTICE SERVED, JUSTICE DENIED

1) Moharekar Case: Parents raise questions about baby’s death to Sapporo’s Tenshi Hospital
2) Matthew Lacey Case: Fukuoka police dismiss NJ death by blow to the head as “dehydration” (Yomiuri & Japan Times)
3) Mainichi: Chinese Trainees wage successful back-wage lawsuit against strawberry farm
4) Sankei compares NJ computer operators with toxic Chinese gyouza
5) Update on Valentine Lawsuit High Court Appeal
6) Idubor Case: A conversation with Mrs Idubor about life in Japan, and letters from Mr Idubor from prison specially for Debito.org

ISSUES OF BORDERS AND EFFECTS OF FOREIGN INFLUX

7) Asahi on how the GOJ doesn’t recognize NJ schools for tax funding, and why they should
8) Kyodo on USG pressure on Japan to do more fingerprinting
9) “Japanese Only” sign in Tsukiji Fish Market
10) Japan Times on Tsukiji’s tamping down on tourism
11) Alex Kerr on being a “Yokoso Ambassador” for the GOJ
12) DPJ at odds with itself over NJ voting rights

SPEECHES, PODCASTS, TV SPOTS, AND A BOOK TOUR

13) Italian TV SKY TG 24 on the Sapporo Snow Festival… and racial discrimination in Japan
14) January 22, 2008 speech to Waseda’s Global Institute for Asian Regional Integration, podcast and soundfiles in full
15) HANDBOOK FOR NEWCOMERS on sale March 15, Japan Book Tour March 15 to April 1…

DEBITO.ORG NEWSLETTER JULY 2, 2012

TABLE OF CONTENTS
REOPENING THE IMMIGRATION POLICY DEBATE
1) GOJ embryonic policymaking reboot for “co-existence with foreigners”: Some good stuff, but once again, policy about NJ without any input from them
2) GOJ Cabinet “Coexistence with NJ” Pt. 2: Critique of June 15, 2012 meeting — a very positive Third Act to this Political Theatre
3) Asia Pacific Bulletin: “Accepting Immigrants: Japan’s Last Opportunity for Economic Revival”; a little out of date

WHY ANY IMMIGRATION POLICY MIGHT NOT WORK
4) NYT: A Western Outpost Shrinks on a Remote Island Now in Japanese Hands; the overwriting of NJ legacies in Ogasawaras
5) Kyodo: Foreign caregiver exits put program in doubt, complete with editorial slant blaming NJ for being fickle
6) The Govinda (Mainali) miscarriage of justice murder case ruled for retrial after 15 years, so Immigration deports him. But there’s more intrigue.
7) Japan Times LIFELINES guest columnist Dr Berger on “Dealing with isolation and exclusion in Japan”. Seems grounded in stereotypes.
8 ) China’s crackdown on foreigners called “xenophobic” by CNN columnist. Yet Japan’s been overtly doing the same to its NJ for generations without similar criticism.
… and finally…
9) My Japan Times JUST BE CAUSE Column June 5, 2012: Guestists, Haters, the Vested: Apologists take many forms

DEBITO.ORG NEWSLETTER FEBRUARY 5, 2012

Table of Contents:
TALK OF JAPAN’S FUTURE
1) CNN’s Zakaria: Japan’s economy “has run out of gas”: first trade deficit in 31 years shows J’s decline and “the end of an era”
2) Debito interview with Asia Times: “Overcoming the ‘Japanese Only’ factor”, on human rights and Japan’s future
3) Japan Times FYI Column: “Many angles to acquiring Japanese citizenship”, quotes inter alia Debito

SHOCKS TO THE SYSTEM
4) Nepalese beaten to death in Osaka, 4 assailants arrested in apparent hate crime
5) PS on Gaijin Card Checkpoint at his apartment — Immigration doing door-to-door checks, using physical force (photos included)
6) Shock/Horror on Japanese TV show, where Japanese under new Arizona laws could be treated as foreigners, with ID checks! Kibishii!?
7) Changes to Alien Registration Act July 2012 — NJ to be registered on Juuminhyou Residency Certificates at last

OFFICIAL HARASSMENT OF NJ
8 ) Amnesty International 2002 report on human rights abuses, including extortion and physical abuse, at the Narita Airport “Gaijin Tank” detention center
9) Chris Johnson on his 2011 experiences in the “Narita Airport Gaijin Gulag”, a complement to Amnesty’s 2002 expose (Amended)
10) Mainichi: Transport ministry mulling random body search of 10% of all airport passengers at Narita etc. Random? Not likely.
11) Japan Today: GOJ ministries block foreign firms from helping tsunami-stricken Japanese, using bureaucratic stonewalling

And finally…
12) My Japan Times JUST BE CAUSE Column 47, January 3, 2012: 2011′s Top 10 Human Rights Issues affecting NJ in Japan

My Japan Times JUST BE CAUSE Column 47: 2011’s Top 10 Human Rights Issues affecting NJ in Japan

Here’s my fourth annual round-up of the top 10 human rights events that affected Japan’s NJ residents last year. Concluding paragraphs:

Generations under Japan’s control-freak “nanny state” have accustomed people to being told what to do. Yet now the public has been deserted, with neither reliable instructions nor the organization to demand them.

Nothing, short of a major revolution in critical thinking and public action (this time — for the first time — from the bottom up), will change Japan’s destructive system of administration by unaccountable elites.

2011 was the year the world realized Japan has peaked. Its aging and increasingly-conservative public is trapped in a downward spiral of economic stagnation and inept governance. It is further burdened by an ingrained mistrust of the outsider (JBC Oct. 7, 2008) as well as by blind faith in a mythology of uniqueness, powerlessness as a virtue, and perpetual victimhood.

Japan has lost its attractiveness as a place for newcomers to live and settle, since they may be outright blamed for Japan’s troubles if not ostracized for daring to fix them. Now, thanks to the continuous slow-burn disaster of Fukushima, anyone (who bothers to listen anymore) can now hear the doors of Japan’s historically-cyclical insularity slowly creaking shut.

Japan Times JUST BE CAUSE column with my top ten NJ human rights issues for 2009

Opening: They say that human rights advances come in threes: two steps forward and one back. 2009, however, had good news and bad on balance. For me, the top 10 human rights events of the year that affected non-Japanese (NJ) were, in ascending order:

10) “Mr. James”, 9) “The Cove”, 8) The pocket knife/pee dragnets (tie), 7) “Itchy and Scratchy” (another tie), 6) “Newcomers” outnumber “oldcomers”, 5) Sakanaka Proposals for a “Japanese-style immigration nation”, 4) IC-chipped “gaijin cards” and NJ juminhyo residency certificates (tie), 3) The Savoie child abduction case, 2) The election of the DPJ, and 1) The “Nikkei repatriation bribe”.

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

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

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