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“FOR TAKA AND MANA”
Race and Japan’s Judiciary
A primer by ARUDOU Debito
Associate Professor, Hokkaido Information University
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FOR AMY AND ANNA
(Amy (left) and Anna Sugawara Aldwinckle 1996)
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DISCLAIMER
I am not a qualified legal scholar.
I am an activist.
And my research and conclusions in
this field are purposefully colored by
my activism.
That acknowledged, let’s continue:
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Trends I am seeing in the J judiciary
 Criminal Court cases where if it is NJ crime
committed against Japanese, heavy
punishment. But if it is Japanese on NJ
crime, or NJ-NJ crime, lax judicial standards.
 Civil Court cases where NJ winning is a
crapshoot. Not a precedent based system.
 Family Court cases where NJ winning is
practically nonexistent, and NJ plaintiffs are at
a severe disadvantage.
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Criminal Court Cases
 Idubor Case (2006-7): Nigerian yesterday
sentenced to 3 years for alleged J rape
despite no material evidence.
www.debito.org/index.php/?p=831
 Lucie Blackman Case (2006): J defendant
acquitted of her rape, murder (life conviction
on other rapes, murder).
www.debito.org/index.php/?p=356
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Criminal Court Cases
 Valentine Case (2003-7): Police exonerated
of responsibility despite denying medical care
to injured Nigerian prisoner in their custody,
who wound up crippled.
www.debito.org/japantimes081407.html
 Jane Doe Case (2002-7): Police refuse to
charge anyone in alleged NJ rape of
Australian woman, exonerated of police
harassment of woman claimant.
www.debito.org/index.php/?p=818
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NJ disadvantages in Criminal
Court Cases
 Uncertified standards
 Convictions at 99% for
for courtroom/police
translations.
 Confessions extracted
through unrecorded,
torturous procedures,
including language
barrier.
 “NJ shouldn’t be here
anyway if they’re going
to cause trouble” factor.
everyone, but no chance of
bail for NJ (seen as flight
risk). Meaning freer hand for
police interrogations.
 NJ being singled out for racial
profiling by police
www.debito.org/whattodoif
.html
 NJ can commit more crimes
than J (ex: J cannot commit
visa violations, and NJ can be
jailed long enough to run out
visa, or have it cancelled)
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Civil Court Cases
 Ana Bortz Case (1998-9): Brazilian refused
entry to “Japanese Only” jewelry store wins
under UN treaty. www.jpri.org/publications/
workingpapers/wp88.html
 Otaru Onsens Case (1999-2005): American,
German, and naturalized J (guess who) win
against “Japanese Only” bathhouse, lose
against do-nothing Otaru City govt.
www.debito.org/otarulawsuit.html
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Civil Court Cases
 McGowan Case (2004-6): African-American
refused entry into eyeglass store, loses on
technicality in lower court, wins on appeal.
www.debito.org/mcgowanhanketsu.html
 Kim Doe Case (2003-7): Zainichi Korean
wins against exclusionary landlord after rental
contract signed.
www.debito.org/index.php/?p=831
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Civil Court Cases
 U Hoden Case (2000-2007): Daughter of
naturalized Chinese and J bullied to the point
of medically-certified PTSD, civil suit against
parents of bullies. Decision due Dec 22,
2007. www.debito.org/index.php/?p=59
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NJ disadvantages in Civil
Court Cases
 Not Japanese citizens,
so kokumin grey
protections of laws and
Constitution can be
exploited by
defense/judges.
 Problems put down to
cultural issues,
misunderstandings.
 “Rational Discrimination” holds water as
legal argument.
 Dearth of
multilingual legal
counsel.
 Pressure to settle
(wakai), avoid legal
precedent or
judgments.
 Intense mediations
not always
explained.
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Family Court Cases
Murray Wood Case: Plaintiff wins in
Canadian courts, loses in J courts.
Not a single precedent of NJ being
awarded custody.
More cases at www.crnjapan.com
Lawyer friend’s opinion: judiciary wants
to keep J kids here due to low birth rate.
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Disadvantages for NJ in
Family Court Cases
 NJ have no koseki
(Family Registry), so
not recognized as
family unit to award
children to.
 NJ visas often
dependent on
marital status; can’t
stay after divorce.
 No real punishment for
perjury--lies rampant,
and native speakers are
better liars.
 Mediation process
(choutei) long, arduous,
no legal force, and must
damn partner
www.debito.org/
thedivorce.html
 No joint custody,
visitation rights & child
support unenforced.
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CONCLUSIONS
 Japan’s divorce rate (95% of seekers are
women) is now skyrocketing--rose 6.1% in
April 2007 alone.
www.debito.org/index.php/?p=823
 Post-divorce Japan is a land of Deadbeat
Dads and Fortress Moms.
 Seeking protection through the Japanese
judiciary will probably not work for NJ, so
consider alternative methods.
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CONCLUSIONS
 Hague Convention on the Rights of the Child--not
signed by Japan. But doesn’t matter. Is
administrative thing, obfuscates--signing is merely
housekeeping.
 UN Convention on the Rights of the Child--Sec 9-Japan has already signed. Guarantees visitation to
both parents.
 Japan’s judiciary is not independent. You can’t
enforce laws properly and impartially when judges
are employees of the State.
 Not so much a matter of the parents’ rights--the
child’s rights are being violated. Too often overlooked
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More on this and other issues:
www.debito.org
ISBN 4 7503 9018 6 English version, Japanese version ISBN 4 7503 9001 9
THANK YOU VERY MUCH FOR ATTENDING THIS PRESENTATION!
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Download this powerpoint
presentation at:
www.debito.org/
fortakaandmana121107.
ppt
18