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Criminal complaint filed over Sri Lankan's death at immigration facility

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Her death, while unfortunate, was prolonged by her refusal to comply to being deported back to Japan. Whenever this topic comes up, uninformed individuals continue to make the false assumption that detainees like her are detained indefinitely against their will without due process. In fact, detainees can continue to abuse the system by filing appeal after appeal if their claims for asylum are denied (when a detainee files for asylum or appeals the decision, they cannot be deported). There are multiple things the Japanese immigration and detainee system needs addressing, but that does not mean the system is at fault every time a detainee dies.

Growing criticism over the alleged improper treatment of Wishma led the Japanese government to drop a bill for the revision of rules on how to accommodate foreigners facing deportation.

The irony of this is that the revision was to actually speed up the deportation process, by capping the number of appeals of denial of asylum at two. By dropping this, in fact it continues to allow deportees to abuse the deportation process by delaying deportation indefinitely.

-12 ( +15 / -27 )

Her own poor choices were at least partially responsible for the unfortunate outcome. Top tip for those coming to Japan.... Follow the rules. Don't try to abuse the system. Have the correct paperwork. You will be fine!

-4 ( +20 / -24 )

Meanwhile, the Justice Ministry is yet to determine the cause of death

Cremation has destroyed vital evidence.

15 ( +20 / -5 )

Follow rules” but you can never trust the ‘authorities’ with ‘Your health, welfare, livelihood and general happiness.

There still should be a reckoning for, at least, those that had the ‘immediate control’ over her supervision and health.

15 ( +19 / -4 )

Criminal complaint filed over Sri Lankan's death at immigration facility

In case of Ghanaian man, officials were found guilty, there is chance that for Wishma's case will get same verdict too.

https://www.japantimes.co.jp/news/2014/03/19/national/crime-legal/officials-faulted-in-death-of-ghanaian

7 ( +14 / -7 )

Her own poor choices were at least partially responsible for the unfortunate outcome. Top tip for those coming to Japan.... Follow the rules. Don't try to abuse the system. Have the correct paperwork. You will be fine!

Let me tell you how she "abused" the system :

She was victim of domestic violence and that was why she missed classes and couldn't renew her student visa. Nobody in Japan helped her despite having neighbours witnessing the fights. When she finally found the courage to go to the police, the only thing they consider is her expired visa.

In my opinion, the whole system failed her.

10 ( +25 / -15 )

Follow the rules. Don't try to abuse the system. Have the correct paperwork. You will be fine!

Japanese officials do not even follow their own rules when it comes to immigtation. They act arbitrarily with their own discretion and often abuse it, making up their own rules.

9 ( +20 / -11 )

She went to seek for help and they murdered her.They reused her treatment saying that she's faking.Yet we have cold blooded creatures blaming her like some above.

5 ( +19 / -14 )

Refused her treatment.

6 ( +16 / -10 )

I am really hoping and praying that Japan will come clean on this case,

This lady was mistreated, abused, and put in a prison for violating a visa rule, should have been deported or treated then deported but NOT held in a prison without treatment, that is torture and possibly a murder.

1 ( +8 / -7 )

This won't, obviously, bring her back, but let's hope they win just to see some sort of justice done. Although the authorities are extremely good at passing the buck while punishing weak people for every misdemeanor.

The irony of this is that the revision was to actually speed up the deportation process, by capping the number of appeals of denial of asylum at two.

No. The purpose of the legislation was to put asylum seekers and other undocumented immigrants in prison if their appeals were unsuccessful for three times.

-3 ( +3 / -6 )

It seems like human rights activists are having a field day. They paid all the legal expenses for the Sri Lankan woman as well as arranging for her funeral. You’d have to pay at least ¥3 million to have that kind of funeral in Japan. Where did all the money come from? And now they’re considering a criminal complaint. Vultures.

-1 ( +8 / -9 )

It seems like human rights activists are having a field day. They paid all the legal expenses for the Sri Lankan woman as well as arranging for her funeral. You’d have to pay at least ¥3 million to have that kind of funeral in Japan. Where did all the money come from? And now they’re considering a criminal complaint. Vultures.

Yep. Those include an infamous politician, the leader of SDP Mizuho Fukushima who was insane enough to take this funeral as her great photo-op in front of Wishma's altar

3 ( +7 / -4 )

Her death, while unfortunate, was prolonged

That's not how death works, matey.

5 ( +6 / -1 )

A lot of half-baked truths and assumptions out there.

I have commented on this case previously and I absolutely feel that the those in charge of this detention facility needs to be held accountable for withholding treatment for her grave illness. I have never condoned or excused that.

But outside of that, it was this woman's fault for violating her student visa and hiding from authorities for quite some time. And her request for asylum was based on very shaky evidence, that she would face death if she went back to her home country due to a vengeful former lover. It's nothing at all like some are making it out to be, that the 'xenophobic' Japanese authorities unfairly targeted her and detained her indefinitely and tortured her. As stated many times a detainee can postpone deportation so long as that person continues to file for appeals of denial of asylum. This is why detainees are kept in detention centers, NOT because there's some nefarious conspiracy in Japan to arrest and hold detainees under lock and key forever without due process.

Two completely separate issues here. And downvoting is not a proper response.

5 ( +12 / -7 )

Hope that the criminal complain extends to the whole organization.

The immigration authority has been abusing people for so long.

We must investigate meticulously for all other abuses to other detainees.

0 ( +7 / -7 )

MeiyouwentiToday  09:03 am JST

It seems like human rights activists are having a field day. They paid all the legal expenses for the Sri Lankan woman as well as arranging for her funeral. You’d have to pay at least ¥3 million to have that kind of funeral in Japan. Where did all the money come from? And now they’re considering a criminal complaint. Vultures.

Sure the ones who donated money to provide dignity to someone who died without it are vultures.

Callous would be an understatement.

Shame!!!!

1 ( +5 / -4 )

I am glad to hear this. If Japan doesn't want to take in asylum seekers it should withdraw from the relevant international treaties that it voluntarily agreed to.

1 ( +6 / -5 )

Unfortunately, under Japan's system, immigration falls within the jurisdiction of the Ministry of ( so called) Justice.

Therefore, the bureaucrat prosecutor will probably, by instinct. do everything to not make a case.

International pressure is upon him / her, but Japan is, again by instinct, xenophobic.

2 ( +9 / -7 )

It seems like human rights activists are having a field day.

Um... Human rights activists don't tend to be the ones who like it when people die. As can be seen from some of the comments here as well.

5 ( +7 / -2 )

Questions to those who are accusing her for abusing the system:

Are you preferring abusing the humanities over abusing the so called systems which have been being altered always for the sake of beneficiary group?

Why do you consider her as a criminal while she was not any sort of threat for anyone?

Is it a crime to fulfill a dream by trying to achieve a graduation degree from university of a so called developed country? To do that she was working too hard rather than seeking loan or begging. At least she was not abusing the so called overtime work system which has been being done by so many people here in the name of workaholic!

Ask your heart which is right? The system which is born by the people and which ultimate goal should be maintained humanities?

Or the humanities which comes naturally when a human born?
3 ( +10 / -7 )

Meanwhile, the Justice Ministry is yet to determine the cause of death and has turned down a request by Wishma's family and supporters to release video footage showing her in the facility, citing security reasons.

Show the footage in a formal setting then.

What has the Ministry to hide?

It certainly has nothing to gain showing negligent treatment leading to death.

However, If there has been law breaking then why not show the footage unless the ministry has not been following the rules as is the Japanese way...

5 ( +7 / -2 )

Khalid....

Are you preferring abusing the humanities over abusing the so called systems which have been being altered always for the sake of beneficiary group?

No, but when you attempt to abuse the system and get caught there are consequences. In this case deportation. If you fight the deportation then detention is your choice.

I have no doubt that all she wanted to do was work and make some money. Unfortunately she chose to do this outside the rules. Are the rules fair? Are they stacked against those from developing countries? Different discussion but I suspect we may agree on the answer.

1 ( +6 / -5 )

I hope this case gets promptly dismissed, her lack of respect to the laws of her host country are the only reason for her unfortunate demise. I wish western countries had the Japanese zero-tolerance policy on unruly foreigners

0 ( +4 / -4 )

In fact, detainees can continue to abuse the system by filing appeal after appeal if their claims for asylum are denied 

If your application is rejected, you have the right to appeal

If your application for refugee status is rejected, you have the right to file an appeal to the Immigration office for reconsideration. In that case, you must appeal within 7 days since the day you are notified of the rejection. It may be helpful to have a lawyer to support your case on appeal, but it is optional. If your application is rejected on appeal, further review is only possible through the court and you need to have a lawyer. You must file your case to court within 3 months since you are notified of the rejection of your appeal.

https://www.refworld.org/pdfid/42b91bb64.pdf

Sooooooo many appeals. Abusing the system by asserting your rights. How dare they!

Downvoting is not a proper response.

-3 ( +2 / -5 )

It's not a great secret that those seeking asylum or refugee status employ various strategies in different countries. For example in Europe, "seekers" from Muslim countries claim to have converted to Christianity. This is particularly successful in Germany and France. DV would be a better one in Japan. Difficult to prove otherwise and the new buzzword for support.

0 ( +2 / -2 )

Someone teach me. Is she defined as a refugee? Is she defined as an asylum seeker? how come you guys are talking about such status?

1 ( +1 / -0 )

In fact, detainees can continue to abuse the system by filing appeal after appeal if their claims for asylum are denied

Convicted murderers receive medical attention in prison; what’s your point?

Even if you play the game and appeal numerous of times, it doesn’t mean you deserve to be neglected then die.

1 ( +3 / -2 )

Many people here do not realize the simple fact that the person in question has not been convicted. The person in question was merely held in prison and died for "some" reason. Personal feelings or personal opinions are irrelevant.

2 ( +5 / -3 )

Many people here do not realize the simple fact that the person in question has not been convicted. The person in question was merely held in prison and died for "some" reason. Personal feelings or personal opinions are irrelevant.

And you just don't understand, she didn't have to be convicted, didn't have to stand in trial. Illegal overstaying itself is criminal offense.  get it all in your head would you?

0 ( +2 / -2 )

Convicted murderers receive medical attention in prison; what’s your point?

Even if you play the game and appeal numerous of times, it doesn’t mean you deserve to be neglected then die.

She did including a few times at hospitals outside the facility and always at the facility. So what is your point

0 ( +1 / -1 )

Illegal overstaying itself is criminal offense.

No, it isn't. That's why the LDP is trying to change the law.

-1 ( +1 / -2 )

YotomayaToday  07:50 pm JST

Illegal overstaying itself is criminal offense.

No, it isn't. That's why the LDP is trying to change the law.

Overstaying=Illegal staying is cirminal offense.

get it all in your head would you?

1 ( +2 / -1 )

@kennyG

No need to talk down to people.

Overstaying is a criminal offence punishable by up to 3 years of prison or up to 3 million yen. That is, however, different if the person is applying for refugee status, which is what the government is trying to change now.

Either way, it wasn't her behaviour and negligence which results in somebody's death. If you get hit by a drunk driver while jaywalking and die, is it your fault for "breaking the rules"?

-1 ( +2 / -3 )

@kennyG

Every human being must be treated with respect and get the best medical attention posible, no matter what he did.

It sucks that people still think that it's alright to let detainees die.

0 ( +2 / -2 )

Mr. Kipling,

all I asked to see these type of situations from the point of humanitarian view. Other developed countries are also handling the refugee crisis but not totally ignoring the humanitarian aspects. I think the number is not less than Japan. By the way, as far as I understood, she was confronting her deportation issue within the legal process. All she urged for medical treatment as a human being. If it happened due to individual’s irresponsibility then they should be brought under justice.

2 ( +3 / -1 )

Overstaying is a criminal offence punishable by up to 3 years of prison or up to 3 million yen. That is, however, different if the person is applying for refugee status, which is what the government is trying to change now.

Either way, it wasn't her behaviour and negligence which results in somebody's death. If you get hit by a drunk driver while jaywalking and die, is it your fault for "breaking the rules"?

Did she forget her visa expiry date? No.

Did she know she is overstaying. YES.

Was it intentional overstaying? YES.

Was she confined by this men so that she could not prepare for returning trip before expiry date? No.

Was she applying for refugee status? How do you know it? If so, how did she ever think she could be entitled refugee status. Some ignorant human rights group advised as such? UN knows, Japan knows, lawyers know what could define refugee or asylum seeker. The best she could get was so called special permission which has nothing to do with refugee status, which I doubt anyway. Besides none of media so far reported she was applying for special permission either. She was willing to return home when she run into the police station for help. She changed her mind ( as far as all the information so far available goes ) due to her personal circumstance being threatened by her ex-room mate, which should be the issues to be solved in her home countries with cooperation from Police there.

Is this facility officer(s) equal to a drunk driver? how can you be so sure. Did you ever read both outside doctors' notes and what they said in their final version?

Too many posters with just surficial knowledge on what happened,

Having said that, I am positive like I said in previous threads, that this case would be put up and judged officially at the court

0 ( +2 / -2 )

Having said that, I am positive like I said in previous threads, that this case would be put up and judged officially at the court

Because I am so interested in what the heck exactly so called human rights groups are actually advising

these people. I hope it is not true ( as one of the doctors suspected in his note) that she started hunger strike due to the tip from the group

-1 ( +1 / -2 )

Khalid MohammadToday  10:15 pm JST

Mr. Kipling,

all I asked to see these type of situations from the point of humanitarian view. Other developed countries are also handling the refugee crisis but not totally ignoring the humanitarian aspects. I think the number is not less than Japan. By the way, as far as I understood, she was confronting her deportation issue within the legal process. All she urged for medical treatment as a human being. If it happened due to individual’s irresponsibility then they should be brought under justice.

Because she is dead does not necessarily mean she was treated in inhumane manner. All those innocent until proven guilty believers here at JT would complain a lot. Right ? Bokuda?

-1 ( +1 / -2 )

She was an illegal alien and should have returned home. She did not on her own will.

If you accept otherwise, millioks will all have a good reasons to stay.

France and some European countries apply otherwise and the result is economic immigrant flooding, killing local workers rights, culture and safety in that countries.

I wished my country would have followed Japan's way although nothing is perfect and that case need to be judged.

I really doubt they intended to kill her. Probably just a matter of circumstances alas.

-2 ( +1 / -3 )

@kennyG, thanks!

You helped me understand the anti-asian sentiment around the world.

0 ( +0 / -0 )

Masaki Hirata, a Nagoya City University scholar and supporter of Ratnayake Liyanage Wishma Sandamali, accused an unknown person of failing to provide appropriate medical services to the woman despite her deteriorating health, according to the complaint.

Masaki, you are a beacon in a dark room for refugees. I aplaud your efforts and support you 1000%! However, the fact that its an unknown person you're going after, Japan will surely make this difficult for you because it will "make them look bad" in the eyes of the world!

1 ( +1 / -0 )

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