Deportation order issued against Nepali granted retrial in 1997 murder case

I'm embarrassed for japan as a human being. This is just shameful. They literally are just trying to sweep this guy under the rug. People need to tweet, FB, use whatever Social Network you use to spread this out. Just a disgrace to humanity. This is a crime

@horsefella,

Japantoday is a place for people to learn. What is the point of insulting someone who didn't follow your idea?

witchdoctor - There was no insult. I simply and correctly called out kwatt for stating that the government has reimbursed Mainali despite the fact he is technically still at trial.

@ari94 take your righteous ramblings to another site where people care.

LOL f`ken typical, deport the guy before he can build a case for compensation!

Well,I am sure they are convinced of his innocence or he wouldn't be leaving the country.As for compensation.I am sure his Lawyer/s will fight hard for him.Book!

Amazing how many people assumed his visa expired while in custody.

His visa had expired AT THE TIME OF THE CRIME.

Not that it makes much difference...

How very big of Japan to allow this man to be deported. After having detained him on insufficient evidence for years! How very Japanese to just ship him off and get the issue out of everyone's hair.

I find this repugnant and shabby, but when it comes to non-Japanese, typical of the authorities here.

@Dog and Thomas Anderson as you know, This Nepali guy convicted wrongly and Japanese court accepted that. Isn't it enough for guys like you to understand the system is fair.

People here can quote about bad cases which are very rare. I wonder why not you are talking about such as English teachers got compensated for their Salaries and overtime etc when they file a case in the court and won. May be because of lack of media coverage or lack of your interest.

Lastly I would like to quote Moderator "Readers, please keep the discussion civil." Moderator is right.

Never let emotion or anger take control of yourself.

im sure his lawyer will file a civil lawsuit in absentia

Mainali's case goes to the retrial. He is not guilty yet and not innocent yet. He would 95% surely be acquitted of the murder as the new DNA evidence is found to be able to prove he is innocent. If the police also has another good evidence, then the court would order police to continue to detain Mainali under custody of police for more days. The court actually revoked his life imprisonment sentence given and detention in prison. Because the court thought that prosecutors can not win the case.

Let's just all grab a deep breath and put ourselves in Mainali-san's shoes for a second shall we...

One of two scenarios exist... He is actually guilty or He is actually innocent...

If he is guilty then he knows that the best thing is for him to get out of Japan while the gettins good...

If he is innocent then surely he has no faith in the justice system that wrongfully convicted him the first time around - hence - get out while the gettins good...

Given the 15 years he's had to endure - falsely or not - I am 100% certain that going home is his top priority as opposed to waiting around to see if he gets sent back or get's a pay-out...

At least, if deported, he gets a free ride home doesn't he ?

I am sure that his lawyer here in Japan is not going to forego his % of the payout for his client - so I don't think that he is about to let things drop if found innocent... He will be compensated in time as long as the system reverses the verdict...

and he is not granted permanent residency ? Shame on Japan.

In the first place, he broke the law. His visa was on overstaying 15 years ago before he was arrested as prime suspect. He is never granted it under the circumstance. Mainali was involved with the murder incident while he overstayed in Japan. If he had gone before expiration of his visa, he would not have involved with the incident and he would have been very happy with his family at home by now.

Readers, please keep the discussion civil.

@horsefella,

Japantoday is a place for people to learn. What is the point of insulting someone who didn't follow your idea?

"Masaru Okunishi (40 years on death row) was taken into custody for 49 hours without sufficient sleep or rest and forced to confess - and that confession is the only evidence against him." - Kazuko Ito, Human Rights Now

What the hell are they thinking? They put a man on death row for 40 years and the only evidence they have is a CONFESSION? People, DO SOMETHING!!! Idiots!

And then there are people like Ari94 with their heads in their sands saying "Oh our justice system is just fine! Really! There's no need to worry!" Sigh...

Japan’s criminal justice system is notoriously slow and the majority of prisoners sentenced to death are condemned to spend the rest of their time under inhumane conditions. As of 5 March, 132 prisoners were on death row in Japan – all are kept in solitary confinement. A number of prisoners reportedly survive the isolation through reliance on sleeping pills and many suffer from mental disabilities due to the conditions under which they are detained.

At the beginning there are very positive comments in favor of the the Nepali...

I would like to know ....Did any body , or any Organization try to help this poor man , by going against to his resent conviction ? ?

I see there are bunches of foreign lawyers in Japan. expertise in legal affairs.. with big moths, try to show there knowledge publicly.

for them this is a very good chance to file a case against , Japanese penal system and to seek a good compensation for 15 years in jail. if you win the case you will share the price by half to half.

At the end, Japanese labor law or legal system is still much better than other countries. No doubt some times negligence is also possible.

Maybe it's better than North Korea, sure...

He doesn't have to be there at his trial? Doesn't UN treaties that Japan signed state that all people have a right to a fair trial and to be able to defend themselves?

While comparisons between two countries is "off topic" (not at all actually, at least not if presented properly), laws that Japan MUST share in common are not (they sign treaties with other nations, some of them include human rights).

@horserfella

As for compensation, Justice department considers a person earning 300,000 yen per month. This is an average of monthly salary for ordinary people. This is an idea. Justice department also considers age and previous job's salary of the person.

Sugaya's case:

300,000 yen x 12 months x 17 years = 61,200,000 yen

possible Mainali's case:

300,000 yen x 12 months x 15 years = 54,000,000 yen

Ari94Jun. 12, 2012 - 12:00PM JST

At the end, Japanese labor law or legal system is still much better than other countries.

Has to be the funniest quote of the day, thanks for the laugh. I was pretty down, till I read your post.

@Yasukuni, yes better than some countries that is right.

Ari, You're right. It's better than SOME other countries. Is that okay?

I do not agree with some users sorry. Japanese legal system for Japanese or foreigner is same. There isn't any difference. Do not mix Police and Immigration together. They are two different departments I should say. In past we got some example when a foreigner got wrongly accused or jailed, he/she was compensated too. Did Nepali lawyer file any application with the immigration for visa? any information?

In my experience, when asked Japanese immigration for temporary visa or extension, such as in case of Chinese Trainees fighting for their disputed salaries, or detained/jailed foreigners, by the lawyer or the organization representing the case, the results were positive.

At the end, Japanese labor law or legal system is still much better than other countries. No doubt some times negligence is also possible.

Sorry some of you may not agree with me.

sorry i made a mistake. he got 60,000,000. Not 600,000,000.

Let us remember the case of Mr. Toshikazu Sugaya, the bus driver for a children's nursery who served 17 years in prison. He is Japanese and was on death raw. The court ruled that he was completely innocent. And there is still no news of his compensation.

I've heard he's got 600,000,000 yen for compensation. The justice department discussed about it a lot and never disclose it in public. but this is not an official source. Anyway he got a big money for the rest of his life. He is not working for life any more.

The point is that there are so many innocent people who are getting royally screwed over by the highly corrupt and incompetent Japanese justice system. It's well known that the police will beat, kick and torture the suspects into forcing "confessions" out of them, then they get sentenced to death or life sentence. It's unbelievable.

Surely this is against human rights... Will Japan or the UN do something about it? Japan is no longer a developing nation... so stop acting like one.

what are all these ridiculous comments about? the guy wants to go back to nepal. if he stays in japan, the prosecutors could have him jailed again while he awaits a new trial.

man, give it a rest sometimes j-haters.

Mainali's case goes to the retrial. He is not guilty yet and not innocent yet. He is still a suspect. Police wants to detain him but they can't because the new big evidence is found to prove he might be not guilty at all. He is now under the custody of the immigration bureau because his visa was overstaying 15 years ago before he was arrested. He broke the law, so he will be deported although he would be surely acquitted of the murder case.

"His lawyer said that the Nepalese wants to return to his country together with his family as soon as possible. He wants to see his mother who is very sick."

@Witch: I'm sure every foreign inmate wants to go home. How many times does the Japanese court system grant their wish?

Draconian shameless japanese justice system @ its finest! DESPICABLE!

SHAME ON JAPAN!

It seems a lot of us here in Japantoday just jump into comments about the Japanese system without taking the time to follow what is in the news about the case of this Nepalese guy and some few similar cases. There was a lot in the media about this case.

1- The same day the court ruled for retrial, the Nepalese guy was transferred to Yokohama Immigration. 2- His lawyer said that the Nepalese wants to return to his country together with his family as soon as possible. He wants to see his mother who is very sick. I am sure the man is more than HAPPY for the deportation order. (Man; to come out from LIFE IMPRISONMENT to FREEDOM and join your family........for me, is just like being born again. If it were me, I wouldn't think of compensation)

The issue of compensation will come up after the court rules that he is completely innocent. Mr. Govinda's lawyer will raise this case with the court even without his presence in Japan. And it is a case that will take years to finish because it is a civil case against the government. It wouldn't take long if it were a case against an insuarance company.

Please let us not jump into blaming the Japanese judicial system and the government of being bad to foreigners. Let us remember the case of Mr. Toshikazu Sugaya, the bus driver for a children's nursery who served 17 years in prison. He is Japanese and was on death raw. The court ruled that he was completely innocent. And there is still no news of his compensation.

If he can muster the energy then I hope he will publish this news to the world and sue the crap out of the Japanese justice system.

Illegal dentention, falsley convicted and would not have been allowed to renew his visa or gaijin card while incarcerated so they throw him out? Man these nut cases in charge here need a good swift kick in jacksie.

The guy should be given a visa , apologised to and compensated, not told to get out.

Wonder if he would have a case through united nations or some other full of itself organisation in getting justice.

Ugh, that is disgusting... The Japanese justice system is truly screwed up. And of course nobody thinks of doing anything about it and they rather think that the police are pure and noble... WHY??

Disgusting!

Just like Japan to kick a person in the face while they are down. They should compensate the man !!!!!

Overstaying a visa is a very minor offense compared to an unfair trial and15 years of false imprisonment.

Any other day they would issue the deportation order, hold him in prison, then upon release ship him to an immigration detention center for violating the deportation order. And I would not rule anything like that out until he is actually airborne leaving the country.

I can also see them convicting him again in absentia. Its not like he is going to be able defend himself very well from Nepal is it?

This is kind of disgusting. Shooing him away now, after false imprisonment of 15 years?

I hope he has the guts to return and appeal this. Of course, that would mean taking a gamble on the integrity of the Japanese court system again.... not sure if I would have the guts. I hope I would.

Japan would compensate him when the judge gave him "not guilty" and this case was closed finally. Japan did compensate around 50,000,000 yen for decades of false imprisonments in the past, as for 15 years life in prison, he would receive the similar amount of money from Japan after he was acquitted officially.

Sorry we made a mistake and screwed your life for 15 years now please leave? Good humanism there Japan

What a lowly, savage decision by the Japanese government. Kick the man out of the country with not so much as a "shoganai" and nod of the head (in lieu of a bow). I hope Mainali decides to court the media and shame Japan into compensating him.

Why was he illegally staying in Japan and for how long? If he had been illegally staying for 14 years, that would answer the question why. I suspect his visa expired while he was imprisoned, which would also explain why he failed to renew it and renew his gaijin card.

It's possible Govinda accrued some wages for work performed while in prison, but if there's going to be a retrial (which I can't see happening), he would probably forfeit the money unless he returns to Japan. It's a catch-22 situation.

Japan does not pay compensation to foreigners unless there is a mutual guarantee. (whether Nepal has a similar law)

A book, screenplay imminent?

And they wonder why their not taken seriously internationally!

The very fact that they are deporting him before the retrial shows they know his innocence.

Now I am interested in who the real killer is, AND whether the guys that perverted the course of justice and stole 15 years of this mans life are going to be punished at all.

i am sure he will be happy to have japan to the back of him. too bad the japanese court system stole 15 years of his life and there is nothing he can do about it. i wish him well back in his home country.

Completely agree with the sentiments above, too.

He can't sue, Japanese courts are unwilling to give a foreigner rights that aren't covered under the Japanese constitution. I bet he is glad to be out of there. Compensation isn't even an issue in this case.

I bet he is so upset to have to leave this wonderful country

I'm more interested in who the real killer is.

Completely agree with the sentiments above. I guess they need to kick him out before he can start asking for compensation for wrongful imprisonment.

On another note, it is my understanding the immigration department, or should we say deportation department are one of the more efficient entities of Japanese law enforcement, and they have some very questionable, legally sanctioned practices. Does anyone know if he's being detained in a immigration facility? Because if he is, the sooner he gets out, the better

Now this is the Japan I know. They got this man's case wrong. Now he may be cleared of al charges which would mean someone would have to pay. Now they want to deport him

So obvious. They would rather deport him than risk losing the retrial.

Will he be able to claim for damages? I suppose not, since he hasn't actually been declared innocent? That's pretty crappy.

Agree with the above comments. Standard dreadful Japanese behaviour

So egg on their face so they deport him?? This is pathetic. I hope he sues and wins big. The least they can do is pay him a large sum of money ensuring that he never has to work again seeing as how he is pretty unemployable.

So after 15 years of illegal imprisonment all he gets is a free ride home? Pathetic! Japan should pay up, at least 150 million yen, 10 for every year of his life they stole! The only thing he was ever guilty of was being a foreigner in the wrong place at the wrong time. This is another example of Japan's draconian justice system.