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

ED’S NOTE DEC 31, 2019:  UPDATING THIS POST FROM FEB 2019 BECAUSE OF CARLOS GHOSN’S REEMERGENCE IN BEIRUT, HAVING SOMEHOW ESCAPED FROM THE CLUTCHES OF THE JAPANESE JUDICIARY.  THE BEST ARTICLE I’VE FOUND ON THIS EVENT IS ON THE DAILY BEAST HERE. DEBITO.ORG HAS COME DOWN DECISIVELY IN FAVOR OF GHOSN’S ESCAPE, AS CH 6 OF BOOK “EMBEDDED RACISM” DEPICTS JAPAN’S JUDICIARY AS DECIDEDLY AGAINST JUSTICE FOR NJ CAUGHT IN THEIR “HOSTAGE JUSTICE” SYSTEM.  FACT IS, GHOSN NEVER STOOD A CHANCE OF A FAIR TRIAL, ESPECIALLY IN LIGHT OF ALLEGATIONS THAT HAVE SURFACED LATER THAT INDICATE NISSAN’S OWN (JAPANESE) CEO IS JUST AS GUILTY OF SIMILAR “CRIMINAL BEHAVIOR” THAT DID NOT RESULT IN ARRESTS.  READ ON FOR THE REASON WHY DEBITO.ORG BELIEVES THE GHOSN CASE WAS A FLIMSY ONE FROM THE START:

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

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

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

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

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

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

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

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

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

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

SNA Visible Minorities Col 6: “Carlos Ghosn’s Escape from Japan Was the Right Move”, Jan 20, 2020 (UPDATED with full text)

I have to admit more than a twinge of sympathy for Carlos Ghosn’s Great Escape.

Ghosn, the former CEO of Nissan, Mitsubishi, and Renault, was arrested in November 2018 on the initial suspicion of falsifying his compensation levels, and subjected to more than a year of Japan’s “hostage justice.” That is, he was held hostage to a judicial system that detains you until you confess to a crime, and subjects you to days, weeks, months, or conceivably even years of interrogation and tortuous conditions until you crack. Understandably, most do crack, and Japan’s conviction rate after indictment is famously more than 99%.

But as you have probably heard, at the end of December Ghosn suddenly turned up in Lebanon, one of three places he has citizenship. Out on bail in Japan, he made a daring escape that people are still trying to piece together, including man-sized musical instrument cases, an uncharacteristic lack of Japanese border security, and a mysterious visit to Lebanon’s president by Japan’s state minister for foreign affairs mere days before Ghosn jumped bail.

Ghosn is now making good on his threat to expose everything that happened to him while in custody. His multilingual press conference in Beirut two weeks ago was breathtaking to watch, full of documentation, pointed fingers, and hot-tongued accusations of the human rights denied to Japan’s incarcerated.

This has been covered exhaustively worldwide, so what more is there to say? My perspective comes as a person who also tried to change Japanese rules and practices, and found that The System similarly fought back dirty…

Rest at http://shingetsunewsagency.com/2020/01/20/visible-minorities-carlos-ghosns-escape-from-japan-was-the-right-move/

DEBITO.ORG NEWSLETTER JANUARY 20, 2020

Table of Contents:
1) My SNA Visible Minorities Col 6: “Carlos Ghosn’s Escape from Japan Was the Right Move”, Jan 20, 2020
2) Debito.org’s stance on the Carlos Ghosn Case, at last: A boardroom coup making “thin legal soup” that might shame Japan’s “hostage justice” judicial system into reform (updated for the Great Escape)
3) Finance Minister Aso apologizes if ‘single-race nation’ remark (essentially denying Japan’s officially-recognized multiethnic society) was “misunderstood”
4) My SNA Visible Minorities column 5: “Local Governments Classifying Japanese Citizens as Foreigners”, Dec. 16, 2019
5) “Every Foreign Guest must present passport for photocopying” at Hotel Crown Hills Kokura; Japanese Police up to same old unlawful tricks in Fukuoka Prefecture

… and finally…
6) My Japan Times JBC column 117: The annual Top Ten for 2019 of human rights issues as they affected NJ residents in Japan

DEBITO.ORG NEWSLETTER APRIL 18, 2019

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

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

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

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

Suraj Case: Tokyo District Court finds “illegal” excessive force, orders GOJ restitution to family of NJ killed during deportation (contrast with UK case)

Some moderately good news also came down the pipeline a few days ago, when the Suraj Case of police brutality and death in detention was drawn to a conclusion in Civil Court. The Tokyo District Court faulted the GOJ with “illegal” excessive force, and doled out restitution of a paltry sum of about USD $50,000 for a man’s life. Hokay. For many (unless there is an appeal), that means case closed.

It’s good that somebody was found fault with. Up until now, Japan’s Immigration Bureau got away with a clear case of cold-blooded murder of a NJ being manhandled by overzealous authorities. However, this was a decision that took place in CIVIL Court, not Criminal, meaning no criminal penalty has been applied to Suraj’s killers.

Contrast this with a very similar murder that just came down in the UK: The Mubenga Case. Same time line (an excruciatingly slow four years), same class of human being as far as the developed countries see it (a dark African man from Ghana/Angola), and same killing while in official custody. Except in the UK case, you get arrests, a charge of manslaughter, and killers’ names made public. In other words, the System in the latter case is less likely to protect individuals for their excesses, which is the much better deterrent for them to do this brutal act again. Thus we’re more likely to see Surajs happen than Mubengas, since Japan’s criminal prosecutors decided not to pursue Suraj’s case. And so the Suraj Case remains Japan’s shame, and should be a deterrent for future immigrants to come to Japan: In Japan’s overall criminal system of “hostage justice”, an overstayed visa may become a capital offense.

Suraj Case: Chiba prosecutors decide not to indict 10 Immigration officers in whose custody he died

Sad news. The Suraj Case, which has been covered in various media reproduced here on Debito.org, has wound up as predicted: With the Immigration officers getting off with no indictment and the GOJ getting away with murder (if not negligence leading to homicide while in official custody). Even the Japan Times called his death “brutal”. It’s bad enough when you have a criminal justice system where even citizens are victims of “hostage justice”. It’s another when you can get away with killing somebody during deportation just because they’re foreign. One more brick in the wall to demonstrate that once the Japanese police get your hands on you as a NJ, you don’t stand a Chinaman’s Chance, be it in Japan’s criminal investigations, incarceration systems, jurisprudence and standards of evidence, criminal court, or civil court afterwards. In a word, disgusting.

Mainichi: The Chiba District Public Prosecutors Office decided on July 3 not to indict 10 officers of the Tokyo Regional Immigration Bureau on charges of assault and cruelty resulting in a Ghanaian man’s death when they overpowered him aboard an aircraft. In deciding to drop the case, the Chiba District Public Prosecutors Office said, “There is no causal relationship between the action (by the immigration officers) and the death (of the Ghanaian man), and the action was legitimate.”

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

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

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

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

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

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

DEBITO.ORG NEWSLETTER 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 APRIL 19, 2021

Table of Contents:
CELEBRATING A QUARTER CENTURY OF DEBITO.ORG
1) April 15 2021: Debito.org celebrates 25 years of existence! Here’s to another 25 years! A brief retrospective.
2) Shingetsu News Agency Visible Minorities Column 21: “Visible Minorities: A Retrospective on 25 Years of Activism”

NOW BACK TO BUSINESS
3) Weird new Govt term to firewall naturalized and mudblood Japanese off from “real” Japanese: “Honpougai Shussinsha”: racist AND patriotic, ironically found on Justice Ministry’s Bureau of Human Rights site
4) “Foreign nationalities OK” apartments bin at Century 21 Saitama realty, and “We’re sorry about our foreign staff’s language & cultural barriers” notice in Family Mart Kyoto (SECOND UPDATE with answer from Century 21 Japan)
5) German media Tagesschau on what it’s like to be Covid-quarantined in Japan (basically a prison run by sweaty-headed bureaucrats)
6) It’s official: Tokyo 2020 is a “Japanese Only” Olympics: Japanese living abroad still allowed to attend, not foreigners. (UPDATED: This probably includes Japanese who have given up their J citizenship.)
7) SNA Visible Minorities Col 6: “Carlos Ghosn’s Escape from Japan Was the Right Move”, Jan 20, 2020 (UPDATED with full text)

And finally:
8) SNA Visible Minorities Column 20: “The World’s First ‘Japanese Only’ Olympics?”, on how Japan’s new ban on “overseas spectators” may lead to banning all foreigners (out of linguistics and force of habit) (UPDATED)

DEBITO.ORG NEWSLETTER MARCH 16, 2020

Table of Contents:
DIVERSITY AND ITS ADVERSARIES
1) 2020 Tokyo Olympics drops Ainu performance from its Opening Ceremonies, despite 2019 law officially recognizing and promoting them as an indigenous people in Japan
2) BBC: “Is Japan embracing diversity?” A Pollyannaish article highlighting a few celebrity examples without data on broad public attitudes or government policy re immigration
3) DF on Chugoku bank unlawfully demanding to check NJ customers’ visa stay durations and photocopy their Gaijin Cards, or face discontinuation of service
4) Senaiho “Hair Police” School Bullying Case Update 4: Civil lawsuit launched against school bullies, gaining traction with other international couples
5) “Gaikokujin Shimin”: Kawaguchi City Mayor Okunoki (kinda) answers a query about the racialized application of this term that officially makes Japanese into “foreigners” (UPDATED)
RECENT DEBITO COLUMNS
6) SNA Visible Minorities Col 6: “Carlos Ghosn’s Escape from Japan Was the Right Move”, Jan 20, 2020
7) My Japan Times JBC 118: “Remain calm when stopped by the police”, on what to do if stopped by Japanese police for an Instant ID Checkpoint, Jan 20, 2020
… and finally…
8 ) My SNA Visible Minorities column 7: “Japan’s Botched Response to the Diamond Princess Coronavirus isn’t Racism; it’s Stupidity”, Feb 17, 2020

XY: Hotel calls cops on NJ Resident at check-in for not showing passport. And cops misinterpret laws. Unlawful official harassment is escalating.

Submitter XY: Just now I tried using your website to avoid having my passport scanned at a hotel after it escalated all the way to the police. The short story is: Just don’t do it, it won’t work. It’s not worth it at all…

I showed the cop the three reasons that hotels can refuse service. He tried to make an argument that it fell under the “public morals” part of clause 2, but when I pressed him on that even he agreed that it was a stretch. He went and talked on the phone for a while, but not before talking about searching my possessions, which I said was no problem. When he came back, he had written down the name of a certain law, which I’m sorry I don’t remember the name of, but it apparently allows hotels to scan IDs of its customers.

I gave up at that point, and my possessions were never searched. I gave my passport to be scanned and apologized to the police and apologized more profusely to the receptionist.I have the feeling that if the cops that showed up were less nice, they would have found some reason to take me to the station. So I’m currently feeling very lucky. I won’t roll the dice again.

COMMENT: But the point still stands: When it comes to dealing with hotel check-ins, Japan’s police have been bending the law (if not simply making it up) for well over a decade. The law: If you have an address in Japan, you don’t have to show ID, regardless of citizenship. As Submitter XY would probably argue, the issue is now whether or not you are willing to stare down the police.

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

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

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

DEBITO.ORG NEWSLETTER APRIL 2, 2014

Table of Contents:
1) My latest Japan Times JUST BE CAUSE column 74, Apr 3, 2014: “Knowing your rights can protect against fake cops”, updating the NJ Spot ID Checkpoints issue
2) Neo-Nazis march in Tokyo Edogawa-ku March 23, 2014, bearing swastika flags! Here’s how counter-demos could sharpen their anti-racism message
3) JT: Motley crew of foreigners backing Japan’s revisionists basks in media glare
4) Briefly interviewed by BBC Radio program “BBC Trending”: “Scrubbing anti-foreigner scribbling from Tokyo’s Streets”, March 16, 2014

CLOSURE
5) Suraj Case: Tokyo District Court finds “illegal” excessive force, orders GOJ restitution to family of NJ killed during deportation (contrast with UK case)
6) Japan Times JUST BE CAUSE Col 73, “J.League and Media Must Show Red Card to Racism” on Saitama Stadium “Japanese Only” Urawa Reds soccer fans, Mar 13, 2014

…and finally…
7) Urawa “Japanese Only” Soccer Banner Case: Conclusions and Lessons I learned from it

Japan Times JUST BE CAUSE Column 59: The year for NJ in 2012: a Top 10

Debito’s Top Ten human rights issues in Japan for NJ residents in 2012:
10. DONALD KEENE’S NATURALIZATION
9. OSAKA CITY DEFUNDS LIBERTY OSAKA
8. COURTS RULE THAT MIXED-BLOOD CHILDREN MAY NOT BE “JAPANESE”
7. DIET DOES NOT PASS HAGUE CONVENTION
6. GOVERNMENT CONVENES MEETINGS ON IMMIGRATION
5. MAINALI CASE VICTORY, SURAJ CASE DEFEAT
4. JAPAN’S VISA REGIMES CLOSE THEIR LOOP
3. NEW NJ REGISTRY SYSTEM
2. POST-FUKUSHIMA JAPAN IS IRREDEEMABLY BROKEN
1. JAPAN’S RIGHTWARD SWING
Links to sources included

DEBITO.ORG NEWSLETTER AUGUST 5, 2012

Table of Contents:
SOME PROGRESS
1) Hurrah, the separate Alien Registration System is abolished after 60 years. Now let’s consider the GOJ give & take regarding tracking NJ under this policy
2) Japan Times on reaffirmed J workers’ “right to strike”, thanks to judicial precedent set by defeated 2012 nuisance lawsuit from eikaiwa Berlitz Inc.
3) Yomiuri: Iwate town sponsors Vietnamese future doctor — and people reportedly react with trepidation
4) Tangent: Louis Vuitton Journeys Award shortlisted J movie short has multicultural couple
NO PROGRESS
5) Suraj Case: Chiba prosecutors decide not to indict 10 Immigration officers in whose custody he died
6) H-Japan on “Apartheid or Academic Accuracy: Japan’s Birth Rate”, Tohoku U Prof Yoshida’s demographic research methodologically excludes “foreigner births”
7) Japan Times: “Ninjin-san ga Akai Wake” Book is behind bullying of mixed-race children; contrast with “Little Yellow Jap”
MEDIA SKULLDUGGERY
8 ) Tangent: Parliamentary Independent Investigation Commission Report on Fukushima Disaster “Made in Japan”: MD notes ironies of different Japanese and English versions
9) Tangent: Newsweek column on “rising ugly nationalism towards foreign residents” in China. Hm, how about an eye on Japan?
10) Resurrecting Gregory Clark’s embarrassingly xenophobic Japan Times column on “Global Standards” Nov 1, 1999, quietly deleted without retraction from JT Online archives
… and finally…
11) Japan Times JUST BE CAUSE Column 53 July 3, 2012: “In formulating immigration policy, no seat at the table for NJ”

DEBITO.ORG NEWSLETTER MAY 8, 2010

Table of Contents:

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

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

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

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

DEBITO.ORG NEWSLETTER JULY 19, 2021

Table of Contents:
THE EARLY FALLOUT FROM THE OLYMPICS
1) SNA: “Japanese Only” elevators at Tokyo Akasaka Hotel Excel Tokyu; hotel blames Olympic Organizing Committee! Plus Duty-Free Stores asked to rat on foreigners.
PRELUDE TO THE TIGHTENED-SECURITY AFTERMATH
2) Nikkan Sports: Aggressive Japanese man harasses Muslim woman and 3-year-old daughter in park, demands her Gaijin Card; then aggressive Japanese police detain, interrogate, and release the woman and child’s private info. I told you this would happen.
3) Japan’s “Gaijin Tank” Immigration Detention Centers: The Death of Sri Lankan Wishma Sandamali highlights a senseless, inhuman, and extralegal system killing foreigners they’ve trapped.
4) Mainichi: Japan wants its COVID vaccine passports accepted by foreign countries, but won’t accept foreign countries’ versions; does the GOJ understand the concept of comity?
… and finally …
5) My SNA VM Column 23: “Gaijin Card Reader App Obliterates Privacy,” June 21, 2021, on how NJ privacy is of so little concern that the Govt. has enabled anyone to swipe Gaijin Cards.

United Nations human rights experts say Japan was wrong to detain former Renault-Nissan CEO Carlos Ghosn; owes him compensation

AP: A panel of human rights experts working with the United Nations said Monday that former Renault-Nissan boss Carlos Ghosn was wrongly detained in Japan and has urged “compensation” for him from the Japanese government. The Japanese government denounced the report as a “totally unacceptable” viewpoint that will change nothing in the country’s legal process.

In its opinion published Monday, the Working Group on Arbitrary Detention found that Ghosn’s arrest in Japan in late 2018 and early 2019 was “arbitrary” and called on Japan’s government to “take the necessary steps to remedy the situation of Mr Ghosn without delay.” A determination of whether detention is arbitrary is based on various criteria, including international norms of justice…

Japan’s system has been repeatedly criticized by human rights advocates. The panel cited previous concerns about Japan’s so-called daiyo kangoku system of detention and interrogation that relies heavily on confessions and could expose detainees to torture, ill-treatment and coercion.

COMMENT: I wrote back in January in that Carlos Ghosn’s escape from Japan’s gaijin gulag was the right move — not least because Japan’s heavy-handed prosecutorial powers and treatment of criminal suspects is in itself a violation of human rights.  Now it turns out the United Nations would agree.  Given that Japan has been shamed for decades over its human rights record, and still has not passed a criminal law against racial discrimination as promised under international treaty it signed a quarter century ago (yes, way back in 1995!), I doubt this will mean much. But at least it’s a delicious vindication for our advocacy camp.

DEBITO.ORG NEWSLETTER SEPTEMBER 23, 2018

ASSIMILATION AND ITS DUES
1) Naomi Osaka’s US Open victory over Serena Williams: Congratulations, but I don’t think you know what you’re getting yourself into.
2) JT/Kyodo: Immigration Bureau to be upgraded to Immigration Agency April 2019. Baby steps towards Immigration Ministry with actual immigration policy?
3) GOJ sets targets for importing even more NJ temp labor, Kyodo editorializes on how badly Japan needs NJ

ASSIMILATION AND ITS MISINTERPRETATIONS
4) Farrah on Hamamatsu’s city-sponsored “Gaijin Day” event: Problematic wording and execution, esp. given the history of Hamamatsu, and who attended.
5) NYT: Dr. Sacko, Kyoto Seika University’s African-Born President, claims no experience of racism in Japan. Just of “being treated differently because he doesn’t look Japanese”. Huh?
6) Daily Show’s Trevor Noah controversy on French World Cup team: “Africa won the World Cup”. Debito.org disagrees with French Ambassador’s protest letter.
7) Kyodo/Mainichi: Japan increases “nuclear security” before 2019 Rugby World Cup, 2020 Olympics (again, insinuating NJ are potential terrorists)
8 ) TJ on “Doing a Debito”: Gaijin Carded at Nagoya Airport and Airport Comfort Inn

… and finally…
9) My Japan Times JUST BE CAUSE Column 112: “What about we stop it with the ‘whataboutism’?” (July 16, 2018)

My Japan Times JUST BE CAUSE 112: “What about we stop it with the ‘whataboutism’?” (July 16, 2018)

JBC 112: These are troubling times for human rights activists. For 27 years I’ve been writing about civil, political and human rights for non-Japanese (NJ) and other minorities in Japan. And I’ve never been more confused.

Not least because the United States, the putative paragon of human rights, has been flouting them. Remember, this is a country so cocksure about its own record that its State Department offers annual “Country Reports on Human Rights Practices” for each United Nations member. Yet President Donald Trump has been undermining international norms of law, justice and society — and with the glee of a super-villain.

In case you haven’t been paying attention, recently we’ve seen U.S. leadership abrogate numerous treaties, erode well-established security and trade regimes (such as NATO and the G7), cozy up to the world’s most authoritarian regimes and mimic their tactics, invoke the language of white nationalism to dehumanize minorities, and foment a culture of fear, loathing and vindictive reprisal towards anyone not in their ideological camp.

Speaking of camps, who would have ever imagined that the U.S. would put foreign children in cages? Create “tender-age” internment centers for toddlers separated from their families at the border? Force 3-year-olds to represent themselves in American immigration courts? Trump’s “zero tolerance” policy for undocumented migration and asylum seekers is so cruel that the United Nations High Commissioner for Human Rights denounced it as “unconscionable” and “illegal” under international law. Hours later, the U.S. petulantly withdrew from the Human Rights Council, of which it had been a charter member since 1947.

In Just Be Cause’s view, the worst thing about these rapid-fire shocks to the system is not the confusion but the distraction. Presidential historian Jon Meacham, author of “The Soul of America,” pointed out how Trump “owns our mind space” in what he calls “the world’s longest hostage siege.” We are prisoners of a self-promoting celebrity so adept at managing news cycles that he sucks the oxygen from other issues.

So this is where we arrive at the big question of this column: How can JBC focus on human rights in Japan given the distractions in America?…

Read the rest of the column at:
https://www.japantimes.co.jp/community/2018/07/15/issues/what-about-we-stop-it-with-the-whataboutism/

The Year in Quotes: “Much jaw-jaw about war-war” (my latest for the JT), Foreign Element column, Dec. 23, 2015

I love year-end roundups, and this year I was given the privilege of compiling the year in quotes. Fuller version follows with more quotes that didn’t make the cut and links to sources:

JT: The past year has seen a number of tensions and tugs-of-war, as conservatives promoted past glories and preservation of the status quo while liberals lobbied for unprecedented levels of tolerance. This year’s Community quotes of the year column will break with tradition by not giving a guided tour of the year through quotations, but rather letting the words stand alone as capsule testaments to the zeitgeist. Quotes follow:

“I cannot think of a strategic partnership that can exercise a more profound influence on shaping the course of Asia and our interlinked ocean regions more than ours. In a world of intense international engagements, few visits are truly historic or change the course of a relationship. Your visit, Mr. Prime Minister, is one.”
— Indian Prime Minister Narendra Modi, during his Japanese counterpart Shinzo Abe’s December trip to India, where agreements were reached on infrastructure investment (including a much-feted high-speed train), nuclear energy cooperation, classified intelligence sharing and military hardware sales to deter China from encroaching upon the Indian Ocean.

“Since taking office, I’ve worked to rebalance American foreign policy to ensure that we’re playing a larger and lasting role in the Asia Pacific — a policy grounded in our treaty alliances, including our treaty with Japan. And I’m grateful to Shinzo for his deep commitment to that alliance. He is pursuing a vision of Japan where the Japanese economy is reinvigorated and where Japan makes greater contributions to security and peace in the region and around the world.”
— U.S. President Barack Obama, during a joint press conference marking Abe’s visit to the United States in April, during which he became the first Japanese leader to address both houses of Congress.

“If Japan gets attacked, we have to immediately go to their aid. If we get attacked, Japan doesn’t have to help us.”
— Donald Trump, U.S. Republican presidential candidate, on the stump.

DEBITO.ORG NEWSLETTER NOVEMBER 27, 2010

Table of Contents:
SAD STORIES
1) Mainichi: Bullying of Filipina-Japanese grade schooler in Gunma leads to suicide: NHK ignores ethnicity issue in reports
2) Japan Times: MEXT in line to deliberate on ijime after grade schooler Uemura Akiko suicide
3) French Embassy reports French father of abducted child in Japan commits suicide
4) TV America’s Most Wanted on unsolved questionable death of an American in Shinjuku Aug 2010. Any press in Japan?
5) My college mentor, Chalmers Johnson, dies at 79

SPY STORIES
6) Japan Times: Leaked documents reveal Tokyo Police spies on Muslim residents, tries to make snitches of them
7) Ministry of Justice website justifying crime prevention measures
due to “frequent occurrence of serious crimes committed by foreign nationals and increase in transnational crimes”
8 ) Eido Inoue on improbable remote tracking of RFID next-generation “Gaijin Cards”; yet “scan-proof” travel pouches now on sale
9) WB and me on what NJ tourists also need in Japan — security against NPA harassment
10) Eyewitness report on how NPA is targeting NJ in Gotanda as security risk for APEC Summit in Yokohama

STUPID STORIES
11) Daily Yomiuri eikaiwa columnist Mike Guest misrepresents not only the record, but also his own academic credentials
12) Fun and Games at MOFA Passport Renewal — almost denied a passport because of one letter
13) Weird broadside from Japan Helpline’s Ken Joseph Jr. on Facebook: Claims my naturalization queers my campaigning
14) Japan Times Amy Savoie on int’l child abductions and the manufacturing of consent for it within Japan
15) Japan businesses cry foul over UK visa regime, threaten pullout. Fancy that happening to the GOJ.

FUTURE STORIES
16) The Independent (UK) on Japan’s rising nationalism as Japan slips in world rankings
17) UK Guardian compares South Korea’s relatively open-minded future with Japan’s possible “Second Edo Period” of insulation
18) Times Higher Education on MEXT: “Japan’s entrenched ideas hinder the push to attract more foreign students and staff”
19) Eurobiz Magazine’s Tony McNicol on the future abolition of the “Gaijin Tax” Re-Entry Permits
20) CBC interview with me on Japan’s shrinking population and prospects for immigration
21) For Educators in Japan: National EFL Job Satisfaction Survey

… and finally …

22) Japan Times JUST BE CAUSE column Nov 2, 2010: ‘Homogeneous,’ ‘unique’ myths stunt discourse in Japan Studies

Eurobiz Magazine’s Tony McNicol on the future abolition of the “Gaijin Tax” Re-Entry Permits

Eurobiz Magazine a couple of months ago ran an article talking inter alia about something I’ve called the “Gaijin Tax” for more than a decade now — the Re-Entry Permit system. Thought of by some as a way of punishing the Zainichi Koreans etc. for staying behind in Japan (given all the incentives for them to leave after being stripped of colonial Japanese citizenship, moreover registered as foreigners in the late 1940’s), the Re-Entry Permit actually is a tax with a profit motive — even the lecturer cited by Tony McNicol below states this openly about its proposed abolition:

Without re-entry permit income, currently ¥6,000 for multiple re-entry, the changes are likely to lighten the government’s coffers. “This is a huge reduction in our revenue,” said Matsuno. “The Ministry of Finance is angry.”

What a piece of work our government can be. Charging for visas for foreigners and passports for nationals is one thing (and I just paid 16,000 yen for a new ten-year Japanese passport; ouch). But charging foreigners for their addiction to going “home” (or for even daring to leave Japan) with their visa held hostage, well, that’s just as I’ve suspected all along — a mean-spirited means to sponge off the NJ population. Good riddance to it.

DEBITO.ORG NEWSLETTER JULY 25, 2009

IMPORTANT DEVELOPMENTS AND DEBITO.ORG READER REPORTS
1) Naturalized J citizen Jiei stopped by Osaka cops for Gaijin Card Check. Shitsukoidom ensues
2) JIPI book on “The Concept for a Japanese-Style Immigration Nation”, by Sakanaka Hidenori
3) Discrimination at Ernst & Young ShinNihon LLC, report by Roy Choudhury
4) On the cannibalistic NJ labor market in Japan: short essay
5) A spate of Debito.org-related news links, on PR, visas with kids, NJ unemp insurance, and Roppongi drink spiking
6) Greenmailing and Bloat within Japan’s Bio-Gas market, by James Eriksson

UPDATES
7) Japan Times, NHK, Terrie’s Take & Mainichi on Japan’s child abductions from broken marriages, and Hague Treaty developments
(complete with heavily-biased news segment from NHK)
8 ) Launching websites: youtube human rights, and Childrens’ Rights Network Japan
9) IHT/Asahi on Japan’s reticence to sign Hague Treaty on Child Abduction
10) UN NEWS: UN expert calls on Japan to boost action in combating human trafficking
11) Murder suspect Ichihashi’s reward upped to 10 million yen
12) Kyodo: Resident NJ numbers rise yet again in 2008, according to MOJ

BRIGHT SHINY THINGS
13) Review of documentary SOUR STRAWBERRIES in Kansai Scene July 2009, September Road Show
14) Aso Cabinet Email Mag: Aso explains himself away to the outside world as he asks for renewed power
15) Some brief commonsensical thoughts on Tokyo Election July 12, 2009
16) Sunday Tangent: Stray thoughts on Rbt. McNamara’s timely passing

… and finally …
17) SAPPORO SOURCE July 2009, Column 2 on Sapporo’s Summer of Love. Every Summer. (full text)

Japan Times, NHK, Terrie’s Take & Mainichi on Japan’s child abductions from broken marriages, and Hague Treaty developments

What follows are several articles on Japan not signing the Hague Convention on Child Abductions, and how after divorce in Japan one parent gets denied all access to their child (especially in international marriages, where children get abducted to another country). This has been getting international press and diplomatic attention. Finally NHK did a report on it this morning, and it was a crock — trying too hard to present the Japanese as being kawaisoued (even presented a Japanese mother as being forced to live in Japan against her will, hostage to American courts, while one who abducted to Japan managed to escape the NJ “cultural” tendency towards violence. Very, very disappointing NHK, if not damaging of the case being made internationally by left-behind parents. I get the feeling the wagons are circling to galvanize public opinion against Hague. And I speak too as a left-behind parent who hasn’t really seen his kids for more than five years now.

DEBITO.ORG NEWSLETTER MAY 16, 2009

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

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

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

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

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

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

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

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

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

Economist.com on jury systems: spreading in Asia, being rolled back in the West

Economist on jury systems:

European countries are restricting jury trials; Asian ones expanding them

MARK TWAIN regarded trial by jury as “the most ingenious and infallible agency for defeating justice that human wisdom could contrive”. He would presumably approve of what is happening in Russia and Britain. At the end of 2008, Russia abolished jury trials for terrorism and treason. Britain, the supposed mother of trial by jury, is seeking to scrap them for serious fraud and to ban juries from some inquests. Yet China, South Korea and Japan are moving in the opposite direction, introducing or extending trial by jury in a bid to increase the impartiality and independence of their legal systems. Perhaps what a British law lord, the late Lord Devlin, called “the lamp that shows that freedom lives” burns brighter in Asia these days.

DEBITO.ORG NEWSLETTER JUNE 6, 2008

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

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

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

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

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

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

Asahi and JT on Alberto Fujimori’s J Diet candidacy, with commentary

Asahi on wanted criminal suspect Alberto Fujimori Diet candicacy: “[W]e are surprised at the news that a former president of a foreign country will run for the Upper House election. Former Peruvian President Alberto Fujimori, 68, decided to run as a proportional representation candidate of Kokumin Shinto (People’s New Party) for the July 29 election… But we definitely do not think [they have given] a good enough reason for anointing him as the party’s Upper House candidate….” Cyberspace commentary on what his case means for dual nationality in Japan also blogged.

Peru’s Fujimori Update: Running in J elections! (UPDATED)

Former President Fujimori is back… kinda. Kamei Shizuka has asked him to run in the July elections in Japan, and as of June 27, 2007, he has accepted. Amazing how low people can stoop to invite people who suspend constitutions, become corrupt robber barons, then run off to Japan, declare themselves Japanese citizens, evade extradition charges, then run back to Chile and try to stand for elections in Peru again. Somebody pass a stake and a hammer for this political vampire, please?