The Tokyo Detention Center Photo: REUTERS file
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Bar association says long-term detainments of foreigners on the rise

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The long-term detainment of foreign nationals at immigration centers in Japan is an infringement upon human rights, the country's bar association warned Wednesday.

It doesn't take a law degree to understand this. That said, we'll have people here shortly that disagree with the legal experts despite the posters not having been to law school.

It's always funny to witness laypeople attempting to argue with experts.

-2 ( +12 / -14 )

Another issue is to whom human rights are recognized under Japanese law.

2 ( +9 / -7 )

Yet another damning indictment to add to Japans Ministry of (so called) Justice's dossier of shame.

14 ( +18 / -4 )

Yet another damning indictment to add to Japans Ministry of (so called) Justice's dossier of shame.

Agreed. The best part is that it comes from Japanese legal experts, which removes the ability to disregard it as being from foreigners that don't understand Japanese culture.

14 ( +19 / -5 )

My issue with long detainment times anywhere is why do it when it doesn't make economical sense? By holding people longer, especially those you intend to deport, you only succeed in paying money to take care of them and wasting tax payer dollars.

17 ( +17 / -0 )

JJ: I agree with you in principle, but we all know Jaoan doesn't really "take care of" immigration detainees.

4 ( +10 / -6 )

The long-term detainment of foreign nationals at immigration centers in Japan is an infringement upon human rights, the country's bar association warned Wednesday.

Finally!

Yet another damning indictment to add to Japans Ministry of (so called) Justice's dossier of shame.

Agreed. The best part is that it comes from Japanese legal experts, which removes the ability to disregard it as being from foreigners that don't understand Japanese culture.

Agree!

3 ( +8 / -5 )

Some of the detainees have been held in the detention centers for months simply because their home countries refuse their repatriation. And the members of the Bar Association are know to have extreme views on human rights.

-5 ( +4 / -9 )

One of them is inside from 2016, goodness, in a few weeks it's 2020! That was 4 years long. Why not sending back to their home land? Have pity with them Japan immigration those people did not commited crime, their mistake is just an over stay. I think 2 weeks it is enough for them to lock inside. why keeping them longer?

4 ( +9 / -5 )

human rights they say, deportation back to their homeland. A one way container by boat should do the trick.

-6 ( +8 / -14 )

If you can't do the time, don't do the crime. Simple.

-10 ( +10 / -20 )

I imagine there is more to this than this article says. Many times the reason for such results is the law is mangled by lawsuits. If a lawsuit is underway the illegal immigrants must be detained. Drop the lawsuit and go home. I wonder how many of the long term detainees are due to the illegal immigrants contesting Japanese law?

4 ( +10 / -6 )

They are being detained because they broke the law they dont want to return to their home Country maybe Japan should start setting up detention camps on remote Islands like the Aussies....Iwojima comes to mind..

-1 ( +9 / -10 )

"We believe that detainment (in immigration centers) is solely for the purpose of sending those people back to their countries,"

Duh. But the problem is they need to just hurry up and send them home.

CSRF

5 ( +6 / -1 )

I’m not at all surprised to see all the virtue signaling on here by certain individuals, without them doing even the simplest of research in regards to this subject matter.

To understand the situation with the Nigerian man in this case, you have to understand the background and context of his case and others like him. If one cared to look behind the sensationalism, they’ll realize it is not what it seems to be on the surface.

This Nigerian male in fact was sentenced to more than five years in prison for breaking laws due to visa overstays, drugs, and theft, and this was why he could not be released. Japanese authorities were also unable to deport him without his consent because they were also still negotiating with Nigerian officials over deportation procedures. So in fact, this Nigerian male both refused to consent to deportation procedures, and also refused to eat anything over an issue that was solely his fault. How in the world is this an ‘example’ of Japanese judicial system and process when in fact the man clearly broke laws and refused to be deported and refused to eat or be medically treated?

Here are some other facts for people out there to ponder:

Since June of this year, 1.147 foreign nationals received deportation orders in detention, and another 2,303 who received deportation orders were on provisional release (so much for Japanese authorities indefinitely detaining every single individual).

332 such foreign nationals escaped or went hiding after being granted provisional release.

Of these 1.147 foreign nationals, 858 of them REFUSED to leave Japan with no compelling reason to remain; of these, 366 or 43 percent, have criminal records with convictions. 10 percent have also been convicted of committing crimes while on bail.

As you can see, never believe the hype and always do you research to find the truth behind the sensationalism. No amount of thumbs down on this post will negate the facts.

https://www.reuters.com/article/us-japan-immigration-hunger-strike/nigerian-man-dies-after-hunger-strike-in-japan-detention-center-idUSKCN1TT0R4

9 ( +15 / -6 )

@Northernlife

Why do you think Alcatraz failed or why Rikers is closing? Remote island prisons are even more costly. You now have to pay additional travel costs in salaries. It's not a desired working location so you have to pay people higher salaries to want to work there. Getting food and supplies sent there is another cost. Building and maintaining a distant infrastructure is another large cost.

4 ( +4 / -0 )

These detainees are being punished for breaching immigration laws. Their court appearances and visas can be processed much quicker, but leaving them to rot in a cell is their punishment. TIJ!

-2 ( +3 / -5 )

My issue with long detainment times anywhere is why do it when it doesn't make economical sense? By holding people longer, especially those you intend to deport, you only succeed in paying money to take care of them and wasting tax payer dollars.

This! Isn't it cheaper to just send them back, saves everyone a headache.

6 ( +6 / -0 )

They did a crime by staying over their visa? Or were they looking for asylum? In the last case.. they should be in a refugee camp.

As for the first one... well... a crime is a crime.

3 ( +6 / -3 )

"We would like to work to advance human rights for foreigners as much as we can."

I can just imagine the big laugh after anyone read this!

We all know Japan does not care much about human rights when it comes to foreigners! Even ig they are seeking asylum, Japan will place them in these detention centers indefinitely for no reason. For those who had over stayed their visa, what's the hold up in sending them back to their country days after they were caught? In most countries, if you're caught, you're on a plane back home and banned for a set period of time to set foot in that country. but Japan holds you here as if you were a hardened criminal.

You wanna "advance human rights for foreigners" in Japan? First you must realize that we are all equal regardless of race, creed, colour, sex, age or religion.

0 ( +5 / -5 )

Immediate deportation to the country of origin is the best solution. Illegal immigration is just that: illegal. Entry into a foreign country is NOT A RIGHT.

3 ( +6 / -3 )

Perhaps during a hunger strike they could be sedated and fed intravenously.

-4 ( +2 / -6 )

@rgcivilian1,

human rights they say, deportation back to their homeland. A one way container by boat should do the trick.

Please tell me you are not suggesting what I think you might be suggesting! Too many individuals try to find their way to other countries using smugglers who do exactly this, put these individuals in containers for a long boat ride. Many of them die in the containers!!

Is this what you are suggesting??? That Japan should send them back to their home country in containers on boats and if they do die, that's the way it goes?!

9 ( +9 / -0 )

TOKYO

The Tokyo District Court on Tuesday approved prosecutors’ request to keep actress Erika Sawajiri detained for another 10 days. Sawajiri, 33, who was arrested on Nov 16 for allegedly possessing 0.09 of a gram of powder containing MDMA, will remain in detention until Dec 6.Police said Sawajiri has also admitted to using illegal drugs, such as marijuana, LSD and cocaine, for more than 10 years.Prosecutors said police are trying to identify the means through which she has been obtaining the drugs.

Seems to me the System was built to just do that, and doesn't discriminate at all.

3 ( +3 / -0 )

The 37 claimants, from 16 countries, stated they had been interred at the center indefinitely

Interred? Freudian slip?

7 ( +7 / -0 )

It's like that in other countries...

Even if they are seeking asylum, Japan will place them in these detention centers indefinitely for no reason

4 ( +4 / -0 )

human right is a concept from the west. Japanese does not accept it, simply.

there is a reason why Japanese really scared about policemen and public officers. there are above the law...

0 ( +5 / -5 )

Same reasons that the Japanese DoJ has stonewalled Amnesty International for decades, refusing to allow them access to interview inmates in federal custody.

2 ( +3 / -1 )

"This! Isn't it cheaper to just send them back, saves everyone a headache." MAny, like the Kurdish guy the govt failed to treat for cancer for months, cannot "go back" without risking arrest or abuse - in his case, from Turkish authorities. Things are rarely as simple as they appear, except to the simple-minded.

2 ( +3 / -1 )

Every illegal action have its consecuences. Don't come to Japan illegaly, don't do crime in Japan..

Japan doesn't need illegals, fake refugees, criminals, you will get your punishment..

0 ( +5 / -5 )

Citizen human rights should take precedence over illegals , bar is trying to milk the cow ( good timing ) maybe bar could also take a look at real crimes that actually affect society instead of milking the immigrant cow ( but hey.. most those cases are pointless and admin fees are lovely monthly income )

the only thing I can say to immigration, second appeal failed, send them out by charter planes., and this problem will be done with.

1 ( +3 / -2 )

MAny, like the Kurdish guy the govt failed to treat for cancer for months, cannot "go back" without risking arrest or abuse - in his case, from Turkish authorities.

That’s his problem.

-1 ( +3 / -4 )

No hustle , they are detained because they were caught illegally in country, their case considered and deportation order issued and they keep appealing it.

and they should be detained.,because they refuse to leave on their own.

2 ( +4 / -2 )

SatedayaToday  10:37 am JST

I agree with Kentarogajin do not come to Japan. You have to obey our rules. You don't like paying nenkin, health hoken, resident tax or it's too high for you? Solution is go back to your country!

Japanese is too difficult for you? Go back to your country!

Japan needs foreigners to survive economically. Japanese do not want to make babies because of social problems. Japan have to change.

the law is not the question . according to your nationality, the treatment become different in Japan.

this is discrimination. immigrant are not banana!

-4 ( +3 / -7 )

I read this article and was reminded of one simple truth: in Japan, all power rests with those in charge. This specific issue is just another manifestation of that.

And in Japan, anyone that runs afoul of the authorities is at their mercy. They are presumed guilty until found innocent.

As such, they have no rights until cleared. They only have whatever concessions the authorities choose to give them.

It is this mentality that permeates all parts of official society: the politicians, the bureaucrats, the police, the judges and even much of the legal world.

And that doesn't even touch the issues that arise when dealing with non-Japanese, particularly those that are in Japan illegally.

Some here argue that non-Japanese in Japan illegally are responsible for their own plight. And, yes, there is truth to that.

However, the idea that being in Japan illegally gives the Japanese authorities the right to do whatever they want is just obscene.

It is no different from the idea that a Japanese suspected of a crime can have his / her basic rights denied so that the authorities can "beat" a confession out of him / her.

Finally, one comment on those that work in the Immigration Bureau, especially in the enforcement division. A number of years ago, I was introduced to a mid-level bureaucrat that works there. He was a former university classmate of a Japanese friend of mine and we ended up meeting out for drinks a few times. Our conversations were.... interesting. Let me just say that he made Ishihara Shintaro seem like a leftist by comparison.

0 ( +2 / -2 )

There is no right superceding the immigration laws of any nation!

You want to go a country and you had better respect their requirements!

If you don't respect the nation's laws where you intend to barge in then suffer the consequences!

0 ( +2 / -2 )

Chip StarToday 06:49 am JST

It doesn't take a law degree to understand this. That said, we'll have people here shortly that disagree with the legal experts despite the posters not having been to law school.

Well, if you are going to take the appeal to authority approach, you have to remember that many legal experts work for the government side too :-)

1 ( +2 / -1 )

Easy to solve. Change the law to speedy deportation. Don't make the mistakes of the west, where detained migrants are arrested for years, giving time for endless appeals until they cannot be deported anymore and their cases disappear from the press because of the lack of public interest.

0 ( +3 / -3 )

Japan needs foreigners to survive economically.

No, it doesn't.

Foreigners also get old and eventually become a burden for the social services.

You cannot put a fire out by dosing it with more fuel.

0 ( +3 / -3 )

@indigo Japan needs foreigners to survive economically.

Japan likes exploiting foreigners...

Japanese do not want to make babies because of social problems.

Plenty of people Japanese around me are pumping out the babies...

Japan have to change.

The foreigners that come here have to change its not our Country when in Rome....

The law is not the question . according to your nationality, the treatment become different in Japan.

this is discrimination. immigrant are not banana!

Dont break the law and you will be just fine.....

-1 ( +3 / -4 )

Yet another damning indictment to add to Japans Ministry of (so called) Justice's dossier of shame.

Agreed. The best part is that it comes from Japanese legal experts, which removes the ability to disregard it as being from foreigners that don't understand Japanese culture.

Yes, interesting. The usual get out clause "this is Japan" or "there's no law against it in Japan" is not used here.

Maybe they ate admitting that a country with only just over 3800 judge's just cannot cope with all these cases.

-1 ( +1 / -2 )

Follow rules.

There is a time to go home. As there is time to eat, time to sleep, time to work, time to play ... when the party is over, go home! Come visit again. Don’t be stubborn.

i don’t understand why their countries do not want them back? Are they criminals from where they came from?

0 ( +2 / -2 )

Absolutely the best solution is to put them straight back on the first possible flight if they have committed immigration offences, and the question of their native country refusing to take them back can be solved by one or both of the following: taking them there without notification of their arrival (after all one doesn't usually inform in advance of one's travelling) and leaving them in the Immigration, and by refusing to take visitors from any country that either has a history of not taking such people back or which refuses to sign an agreement to accept deportees. In fact a standard form of such an agreement should be drawn up and all the world's countries required to sign it or find themselves subject to the default repatriation methods outlined above.

1 ( +1 / -0 )

The least thing the " detainees " need here is people casting aspersions, castigating and vilifying them, kicking a man already down has no honor. It once has been said here by someone who was on the inside that most of them end in there for minor and or civil infractions, NOT criminal offences. If it were criminal I'm sure Ghosn ( and he's " somebody ") is a good example of how the J cops and prosecutors would make game and earn points from " exhibiting " you.

They're kept in " purgatory " just because and on their jailers whims. Their first mistake is NOT that they are crimals, their first mistake is that they are powerless.

0 ( +2 / -2 )

rgcivilian1Today  08:07 am JST

human rights they say, deportation back to their homeland. A one way container by boat should do the trick.

why not a kick-fly to the deep space for you.

2 ( +2 / -0 )

Don't do the crime f you can't do the time.

0 ( +2 / -2 )

The government should just sen them packing and take the first flight back to their home countries. Buying them tickets is economically better than continuously feed them. These are criminals who consciously chose to break the law, they don't have the right to stay here.

BTW, if they want to seek asylum there is a proper procedure for that and that certainly doesn't include overstaying your visa.

0 ( +1 / -1 )

ShaNov. 29  11:25 am JST

These are criminals who consciously chose to break the law, they don't have the right to stay here.

can you prove that? do you know the words : manipulation, discrimination, hostage justice, violation of rights??

most of them can not read, write, understand Japanese . among them, a lot of victims.

NorthernlifeNov. 28  01:29 pm JST

Japan likes exploiting foreigners...

very obvious, like a Kleenex , when you do not need it, you end its reason to be.

1 ( +1 / -0 )

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