{"id":13269,"date":"2015-04-24T13:39:37","date_gmt":"2015-04-24T23:39:37","guid":{"rendered":"http:\/\/www.debito.org\/?p=13269"},"modified":"2015-04-24T13:39:37","modified_gmt":"2015-04-24T23:39:37","slug":"kyodo-summary-court-overturns-fine-levied-on-filipino-japanese-man-after-osaka-police-botch-assault-probe-that-punished-him-for-defending-himself-against-drunk-japanese-assailants","status":"publish","type":"post","link":"https:\/\/www.debito.org\/?p=13269","title":{"rendered":"Kyodo: Summary Court overturns fine levied on Filipino-Japanese man after Osaka police botch assault probe — that punished him for defending himself against drunk Japanese assailants!"},"content":{"rendered":"

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Hi Blog. Check this article out, followed by a comment by Debito.org Reader and submitter JDG:<\/p>\n

\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/<\/p>\n

NATIONAL \/ CRIME & LEGAL<\/strong>
\n Filipino-Japanese exempt from fine after Osaka police botch assault probe<\/strong>
\n KYODO NEWS\/JAPAN TIMES APR 24, 2015<\/strong>
\nhttp:\/\/www.japantimes.co.jp\/news\/2015\/04\/24\/national\/crime-legal\/filipino-japanese-exempt-from-fine-after-osaka-police-botch-assault-probe\/<\/a><\/p>\n

OSAKA \u2013 The police investigation into a street brawl in Osaka in 2013 that resulted in a fine for a Filipino-Japanese man was superficial and should never have caused charges to be filed, a court in Osaka has ruled.<\/em><\/strong><\/p>\n

In a rare ruling, the Osaka Summary Court decided to exempt the 23-year-old defendant from punishment despite finding him guilty of assault, after hearing that the police failed to provide him with a Tagalog interpreter. The man can only speak limited Japanese.<\/em><\/strong><\/p>\n

According to the ruling, two drunken men began a quarrel with the defendant on a street in Osaka in June 2013. When one of them grabbed his collar, the Philippine-Japanese man punched him in the face, causing a broken bone.<\/em><\/strong><\/p>\n

Neither of the drunks was indicted. But the court initially ordered the Filipino-Japanese man to pay a \u00a5300,000 ($2,500) fine in January 2014. The defendant filed a complaint and sought a formal trial, leading to a ruling that effectively canceled the fine on Feb. 26.<\/em><\/strong><\/p>\n

The ruling was finalized on March 13 after the appeal period expired.<\/em><\/strong><\/p>\n

\u201cThis is de facto innocence,\u201d said Masanori Matsuoka, the defendant\u2019s lawyer. \u201cIt\u2019s an excellent ruling that criticized the investigation of a man who cannot speak Japanese sufficiently.\u201d<\/em><\/strong><\/p>\n

Judge Akinori Hatayama said it is unfair to punish only the Filipino-Japanese man, given that the drunken man was not indicted for assault.<\/em><\/strong><\/p>\n

The judge criticized the prosecutors for charging the defendant without properly considering the case and based purely on the degree of physical injury that resulted from the scuffle.<\/em><\/strong>
\nENDS<\/p>\n

\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/<\/p>\n

JDG<\/strong>: Well, this is an interesting case. Now, if we take the poor reporting to mean that \u2018Filipino-Japanese\u2019 = naturalized Japanese citizen of NJ descent, this story is quite telling.<\/em><\/p>\n

Naturalized Japanese citizen is stopped in Osaka by two drunk Japanese guys, who grab his shirt collars whilst shouting at him. The naturalized Japanese punches one in the face in self-defense and is arrested, charged, goes to court, and is fined.<\/em><\/p>\n

The Japanese assailants, since they are \u2018victims\u2019 of their own victims self-defense, are not apprehended, and win compensation from their victim!<\/em><\/p>\n

Thankfully, this was over-turned at a [summary] court. But the fact that it played out like this clearly shows the intense institutional racism of the Japanese police and legal system. In effect, if you are Japanese, you can commit assault (by western standards) on NJ (well, anyone who was not born Japanese), and the legal system recognize you as the victim if you are injured whilst attempting assault!<\/em><\/p>\n

============================<\/p>\n

Quite. \u00a0And, I might add, if he hadn’t taken it outside the criminal justice system (I assume) into Summary Court, he would have never gotten this ruling on the record either.<\/p>\n

Clearly somebody had to go down for this incident in the cops’ eyes. \u00a0And since they saw what they considered to be a NJ involved (naturalized or not), they charged and convicted\u00a0him. \u00a0Wrongly so, as this court ruling demonstrates — nearly two years later! \u00a0Dr. ARUDOU, Debito<\/p>\n","protected":false},"excerpt":{"rendered":"

JDG: Well, this is an interesting case. Now, if we take the poor reporting to mean that \u2018Filipino-Japanese\u2019 = naturalized Japanese citizen of NJ descent, this story is quite telling.<\/p>\n

Naturalized Japanese citizen is stopped in Osaka by two drunk Japanese guys, who grab his shirt collars whilst shouting at him. The naturalized Japanese punches one in the face in self-defense and is arrested, charged, goes to court, and is fined.<\/p>\n

The Japanese assailants, since they are \u2018victims\u2019 of their own victims self-defense, are not apprehended, and win compensation from their victim!<\/p>\n

Thankfully, this was over-turned at a [summary] court. But the fact that it played out like this clearly shows the intense institutional racism of the Japanese police and legal system. In effect, if you are Japanese, you can commit assault (by western standards) on NJ (well, anyone who was not born Japanese), and the legal system recognize you as the victim if you are injured whilst attempting assault!<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[54,36,33,35,5,12,37,26,10,15],"tags":[],"class_list":["post-13269","post","type-post","status-publish","format-standard","hentry","category-pinprick-protests","category-bad-social-science","category-fingerprinting-nj","category-good-news","category-human-rights","category-immigration-assimilation","category-injustice","category-ironies-hypocrisies","category-japanese-policeforeign-crime","category-lawsuits"],"_links":{"self":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/13269","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13269"}],"version-history":[{"count":0,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/13269\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13269"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13269"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13269"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}