A Ghanian family is suing the Japanese government and immigration authorities for allowing their relative to die during forced repatriation at Narita airport in March 2010. Immigration officials say that Abubakar Awudu Suraj, 45, was deported for overstaying his visa.
According to a report by TV Asahi, during the deportation, Suraj reportedly resisted and had to be restrained by up to nine immigration officers and airport officials. He died about 30 minutes later. In the suit, his Ghanian mother and Japanese widow claim he was the victim of an excessively violent suppression, involving multiple assailants and illegal restraining equipment.
The family's lawyers are seeking 136 million yen in damages in the suit filed with the Tokyo District Court. Interviewed by TV media, Suraj's widow said, "I have been mourning his loss for a year and a half now. I hope we can get some answers to the questions we have surrounding my husband's death."
© Japan Today
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sillygirl
yes, questions should be answered. i hope she gets some.
hisashiburi
It seems the lawyers are trying to get rich while the family is after the truth.
himehentai
Im sorry but what? This guy was here illegally, and of his own free will.
I agree he did not deserve to die and we need answers, but It was essentially his own fault. I would hope the questions get answered, but the family does not deserve a penny in damages.
Godan
Wonder if they did an autopsy.
badmigraine
Remember the other case from around that time where the detainee sustained burns to his mouth and throat because he suddenly sprang up and drank from the boiling water pot? Gosh I wonder why he would do that. Oh well, crazy foreigners.
miyazawa3
They over powered him and killed him . They think , will not get caught ...? because he is Ghanaian...? ( a poor black man / no rights ( Visa ) to stay in japan) . Can Japanese Immigration Kill, Murder a man who stay illegally / on his free will..? OK If this incident Happen to a British or US citizen ....? What would be the situation....? Surely You deserve the Compensation as well, the Apology..from the Japanese government.
southsakai
Yes you are correct himehentai. It is his fault for being here illegally, but still they need to detain/restrain people in a civil manner. This is not the battlefield. This is a civilized society and they need to do the job properly.
Of course they know or think they can get away with these sort of stuff, after all, how many people in Japan file lawsuits in cases such as these? And how many of those lawsuits actually are won in Japan ? Very very minimal.
The law must apply to everyone. But in Japan unfortunately, hmm.. no further comment.
as_the_crow_flies
Basically, there is a lawsuit, because overstaying your visa is not at this time a capital offence. You're contradicting yourself saying in one breath that he didn't deserve to die and in the next it was his own fault. Detainees do not lose all their human rights, including the right to life. They have a right to a legal process and any punishment should be carried out following this process. There is also a widely accepted concept called separation of powers. An extrajudicial killing (outside the process of the law) is should be subject to a criminal investigation. Because there apparently hasn't been, the family are bringing a lawsuit. Not to uphold the law in these cases is opening the door to arbitrary and indiscriminate abuse of power, because a culture of impunity brings further abuse - those who abuse know that they can get away with it. It's worth remembering why respecting the spirit and the letter of the law is important. If you look the other way while others are suffering abuse, then perhaps one day when you are minding your own business taking the train home, you will be arbitrarily detained and possibly accused of something you didn't do, and perhaps noone will stand up for you either.
BurakuminDes
If the authorities are shown to have used excessive force which resulted in his death - including the alleged illegal restraints - why shouldn't the family be compensated? I hope the family get plenty if that's the case. I have heard that some immigration officials here are borderline sadists, who knows how many people they have abused over the years that has gone unreported.
johninnaha
How on Earth can anyone have an opinion based on the meagre information presented in the three paragraphs above?
More information, please.
BlueWitch
@as_the_crow_flies
That's right, they can GET AWAY with these "accidental" killings because they KNOW they won't be prosecuted in a court of Law. They know these people have basically LOST all their human Rights, because this is Japan and when it comes to Human Rights, they are nowhere above China, probably the same or below. I cringe in anger because there are those who still believe Japan is the land of Justice and everyone gets treated the same under the current laws and no one gets discriminated upon, yeah yeah...Dreaming doesn't cost a yen. This man overstayed his Visa, so what?! that doesn't make him less than human, he should have been treated in a humane way and processed without causing him any mental or bodily harm. But instead, THEY caused his death. He didn't kill himself, they "killed" him, period. I feel for his widow and family. No human being deserves to be treated like this. No one!
It's just another dirty stain from our corrupted/racist government. shame on them!
BlueWitch
I got this piece of information from this site: http://apfs.jp/eng/report20110425_914.php
Unfortunately I cannot guarantee the veracity of the following report. My Apologies in advance~
Potsandpans
There are a lot of brutal people in the Japanese immigration system. Some real sadists who rejoice in causing pain in others. They probably did not intend to kill him. But I seriously doubt they are shedding a tear. In fact, I will bet one or more of them gets off on knowing they ended a man's life. This includes the people who made the decision to deport him.
As a man legally married to a Japanese, he should have been fast tracked to a visa rather than deported. But yes, even the pencil pushers have people who get off on the pain of others among them.
smithinjapan
Good luck!
TheTim
I'm sorry he died apparently because of these buffoons in the Japanese immigration system. However, I lose sympathy because of the fact he was resisting. I think the relatives should be compensated for their loss, but not at that high level when he also had something to do with the situation by resisting. Puting all the blame on the immigraiton officials is not fair. I want them to claim the man has a little responsibility in this. None of this would have happenned if HE wasn't resisting......
He was married to a Japanese woman for crying out loud. He should have just went home and they could have sorted it out and would have eventually been allowed to return. His wife, I could understand. Him mother, not so much. SHe claims she misses him, yet apparently he would rather be bound and gagged before going home to presumably be with her.
Elbuda Mexicano
The Japanese immigration needs to reflect deeply in this horrible mess, no need to kill poor Africans, poor anybody and they should not be surprised if Japanese need to be killed in Ghana etc..bad news travels fast. RIP Ghanian hermano
tmarie
Pots, you got proof to back up your claim that some people "get off" on this type of issue and that immigration has "brutal people" in the system? Not enough info released so perhaps you could settle down a bit before jumping to conclusions.
"Fast tracked" for a visa? Not how it works here, nor anywhere else from what I am aware. Wish it did or I wouldn't have had to go in a few weeks ago to renew mine. Perhaps the guy should have gone to immigration 1-2 months before his old one expired and applied for an extension? Certainly doesn't excuse the supposedly violence that took place but come on. You live in a foreign country, you know you need to look after your visa.
johninnaha
tmarie - I completely agree, there is not enough information available to form an opinion.
There is enough to demand an investigation and an explanation though.
He died from having a towel put in his mouth as a gag?
That wouldn't kill someone, would it?
Did he speak any Japanese?
Did he know what was going on?
There is more to know about this.
BlueWitch
Here's another article concerning this case from the following site:
http://www.economist.com/node/16113280
I hope it can bring a little more understanding about what happened to this man. RIP
johninnaha
Thank you BlueWitch.
Your post was very interesting.
Potsandpans
tmarie, this particular case is from March of last year. We had lots of details then. My impression was: brutal.
In Japan they also put children in detention, and while with the parent of the same sex if possible, also with other inmates.
They hold these people for more than a year. Why would they do that except to be cruel?
Used to be a guard had to be present at all times if they had a visitor and phone calls were just not allowed. That has changed in the last few years, but just goes to show the type of mentality we are dealing with. They did not want stories of abuse getting out.
Bail can be as hight as 800,000 yen.
Last year, out of about 70 inmates at Ushiku, 2 committed suicide, or so we are told. That is a danged high rate for just immigration detention and 70 inmates! After that there was a hunger strike.
And that is the stuff that was deemed verifiable and printed here: http://search.japantimes.co.jp/cgi-bin/nn20100714f1.html
But there is a also a story of a man who became paralyzed while there, and more: http://search.japantimes.co.jp/cgi-bin/fl20100309zg.html
Does not mean it should not work that way. I know perfectly well that I get treated with kid gloves because I am white. Even then, the immigration people can and have gotten up my nose over stupid crap.
Potsandpans
Oh, as for having proof that people get off on doing this to others, I have no direct proof. I don't read minds. But I have run across enough of these types in my life that I know.
Asagao
The officers should be arrested and tried. This should be ample compensation for the family. Because he was an overstayer, his family should pay compensation to the Japanese government as well as for his flight. He was obviously here to grab as much money off us as he could, otherwise he would be with his wife and not staying illegally. Ghana is a peaceful country. New restraining method and training is needed.
tmarie
800,000 seems very little for bail actually. A year in jail? Sounds about right if you compare it to other countries. Separating families? Again, normal procedures in "our" countries. Cruel? How about not housing him or feeding him and sending him back to his home country ASAP instead of trying to sort through the issue? What would be fair in your opinion? That is our tax money housing and feeding them so if illegals are caught, I am more than happy to sending them on their way on the next plane - and bill them for the ticket. Thing is, that isn't how it works. This guys actions make it harder for those of us who are here legally.
Again, I am not condoning violence at all but come on, you know perfectly well that Japanese immigration is not something you want to mess with. Renew the visa on time. Simple as that. Why didn't he? Japan has a right to clamp down on illegals - and if he was working, working illegals. The minute his visa expires, he become illegal. Doesn't deserve to be beaten but not exactly someone to side with either. Had he not resisted, the outcome could have been different.
Zatara
I feel sorry to the family who had lost their relative in the Land of the rising Sun. . I hope this incident would serve as a lesson to all people who wish to come illegally in Japan. We should all remember that we, as a visitor in Japan, is a privilege not a rights. We have the right things to do based on the conditions and status of your visa. If we violate the rules, there's no reason that we can enjoy the privilege to stay in Japan.
I just hope and pray that the result of this case is not bias and violators should be punished according to the law.
BlueWitch
It's almost 1am and I'm literally falling asleep on my laptop after spending several hours reading article after article from news websites regarding this case on the internet. So let me share my last grain of info before I call it a day. Thank You for reading.
Source: http://www.fccj.or.jp/node/5565 (There are some photos posted below the site's article)
Potsandpans
He tried! They turned him down! Why?
The bail might not seem like a lot, but I think you are not given that option until after many months, maybe even a year. If you were incarcerated for a year, that would seem like a damned fortune. I know I could not cough it up. It would hurt me to cough it up now and go back to work. After a year, I would have no work to go back to! And my lawyer fees would definitely drain me.
How about letting him be bailed out in a couple days so he can help the officials sort it? How about giving a 22 year resident married to a native a visa renewal, even if he is a black male? Indeed, those would better use of my taxes, as I am not a sadist who gets his kicks off of ruining lives. I am not a racist either.
If they did the same thing to me right now, I would probably resist too. I would most likely go for the eyes. If I got treated that poorly, I would try to make the instruments of that poor treatment regret it any way I could, besides die for them, because that I believe they would only enjoy.
Utrack
He was married to a Japanese National ? I'm Done.
poppler
As usual, many details are missing from this article. This man was an overstayer for 22 years and he only got married after getting arrested as a last ditch effort to stay in Japan. The SRP guidelines says you can't get a visa if you got married just to avoid deportation, which is exactly what this guy did.
This was the immigration officials' second attempt to deport this man after his arrest; the first one failed because Mr. Suraj aggressively resisted. Extra restraints and the towel in the mouth were justified, imo.
If this man died of a beat-down, as his wife suggests, then there should be criminal charges brought against the officials. But there needs to be some sort of evidence. The autopsy was inconclusive. Has any of the ten officers confessed to the beat-down? How about the flight crew? I'm sure at least one of them would've seen a beat down if it happened.
tmarie
Who Poppler, that true? 22 year illegally here and only got married to stay? Shady.
Pots, like I said, send him back on the first plane - oh wait, they tried to send him earlier but he resisted. Seems like this guy kicked up a hell of a fight. Plenty of cases where people die from such things. And love how you through race in there at the very end. If my visa doesn't get renewed, off I go. Home to sort it out. As it should be done. As a foreigner we know we live here at the hand's of immigration - it sucks. I hate coming through immigration after being out of the country because I get nervous. We all should. They decide. They wanted this guy gone for whatever reason - perhaps being here illegally for so long?
TheTim
Looking at all the disliked articles, I'm seeing a trend as all the disliked articles have the same theme. It looks like anyone the slightest bit critical of this man and anyone who seems to suggest that he should take responsibility for his actions is beat down immediately by the masses. Well this proves why there will always be leaders in the world who are not afraid to take a stand no matter how unpopular it may be. Please let me have it now! You'll just prove my point more.
Sioux Chef
He should take responsibility? He's dead, in case you missed that part.
Potsandpans
Obviously not true. The linked articles clearly indicate he overstayed his visa, not that he was here illegally for 22 years. Not terribly bright of you to join forces with the first guy to come supporting your views, despite the fact that he posts no links or cut and pastes, all the while ignoring the links and cut and pastes of others.
I see no evidence that he got married only to stay. If I remember correctly, the timing of his marriage was suspicious, but, I also think they had a relationship going on for quite a while anyway. Welcome to the 21st century where men and women don't bother filing pieces of paper with the government but live like they are married anyway.
Also, from the links you don't want to seem to read:
Which is a bit different from what Poppler says:
The SRP guidelines says you can't get a visa if you got married just to avoid deportation
He says "can't"? Since we are talking about guidelines rather than rules, how about "shouldn't"?
Why guidelines instead of rules? Because if you go making hard and fast decisions on people's lives based on little rules instead of the big picture you get bad results. I look at the big picture and it looks to me like they forced him into desperate measures for no good reason. And you know what? Sincere marriages do come out of desperate measures. My girlfriend of many years gave me an ultimatum as she was sick of waiting for a proposal. She is now my wife and we have a kid.
As for a towel in the mouth being proper, I have no idea how either of you could figure that. If a person is excited and breathing hard, the nose does not provide enough oxygen. While fighting for breath, the edges of the towel can go down the throat, and you could never see that. Then the man goes limp and unconcious and they just figure...what exactly? And just leave the towel in his mouth?
There are things called gag balls and I should think that every professional sadist would know what they are. A towel in the mouth is unproffesional and dangerous and I have no doubt that is what is killed him.
hisashiburi
you obviously haven't seen a few good men.
Potsandpans
There is some truth to that. Still does not mean you have a good case.
Responsible action is filing to renew your visa on time. He did that. So what actions do you think he should take responsibility for?
Perhaps you think he should take responsibility for the actions of immigration? Because I don't see any of his own actions that initiated his deportation. Or is it his own death you want him to take responsibility for, since he resisted deportation? Yeah, if that is what you are suggesting, expect a beat down and know you deserve it.
Potsandpans
Its backed up by the cut and pastes:
Admittedly, I don't read minds and they don't put that sort of thing in the record when denying visas, but it carries a certain stench and my nose functions. How else can you determine racism was at play? You expect the immigration officer to boldy declare "I hate brown-skinned people!"? Not going to happen. Never happens these days. So should we just never suggest racism might be at play, not having it typed in documents in triplicate, signed and stamped?
poppler
Yes, he came here in 1988 on a 15 day temporary visa and overstayed that visa. He got married the same month he received his initial deportation orders.
Sure, we can do that but this guy was an overstayer. He should have gotten married earlier to build a stronger case for himself if he did get caught. Apparently they were together for over 10 years. It could have helped his case if he could prove they were together that long, you know, with a marriage certificate.
They did look at the big picture. He has no kids. His wife wasn't financially dependent on him. He was residing and working illegally. His wife is too old to have children. He could have waited out his ban from Japan in Ghana and then applied for a spouse visa and legally moved to Japan. A fair punishment for his crime.
Did you bother to read BlueWitch's links? They didn't stuff the towel down his throat. They used it like a gag, with a knot behind his head. Could that have caused his death? Sure, but two autopsies failed to reveal that.
Potsandpans
Source for those?
Okay. So now you actually suggest he make a sham marriage to please the authorities! If that is your attitude, you should just give him a big thumbs up!
Yup. And it looks like they were married for two years before he was incarcerated and four years when he died. He was married in 2006 and died in 2010.
Wait a second. You actually think he would have been allowed back? And you think its guaranteed?
On top of the two years incarceration? I think not. He lived here for 22 years and was no trouble to anyone as far as I have heard. A couple of months in detention was already over-kill. Making phoney telephone cards is a crime worthy of deportation. Just over-staying your visa and nothing else? Deportation is too much and a waste of MY tax money.
I did not see it and neither did you. I doubt the journalists saw it either. Just because it was tied does not mean it was neat. It also does not mean they did not stuff another towel in his mouth and used the second to keep it in there. Gagging people is not quite like its presented in the movies. I scarcely think a single tied towel could actually do the job, unless it was EXTREMELY tight. And its still unprofessional to the point of negligence.
The autopsies did not explain his death at all. Doesn't matter. There is plenty of other evidence to explain his death, especially in Japan, the epitome of guilty verdicts based on circumstancial evidence.
rdinero35
136 Million is not enough and I would probably look for anywhere around 400 Million Yen. I would suggest to involve Ghana consulate member by giving him a cut of 10% of compensation. This way he can help the family to support and negotiate harder with the government.
This would have been an amount had the deceased been American or British. The American and British embassy guys are good to handle this type of situation as a result they always get higher compensation. The main reasons the family deserves this compensation is:
The deceased guy overstayed illegally but he was a human being not a dog. He died in the deportation process. Once again HE DIED. I am still confused on how can a person die unless you treat him unhumanly as victim. The 9 guys in immigration must be tried for murder. its one and half years the family have not got all the information they are looking for from the immigration. Its nothing new in Japan Immigraton guys probably assumed that they can get over this case as the deported guys family wouls be poor, run out of money and will have no money to go to court.Bravo and I admire the guts and daring of the widow. Japanese widow. My only worry is will the family of deceased sustain the financial expenses to carry on this case. It costs big money to go to court, hire lawyers, translations and so on. If Ghanian family can sustain financially then they MUST file for bigger compensation.
Ghanian community must help to widow to sustain financially this legal process.
namabiru4me
I think the moral of the story is don't screw up or overstay your visa. If you do, Japanese immigration will in some cases kill you, or best case really fork up you life.
Seriously, if I lived in Japan for 22 years, legally or illegally, I would not be deported without making a fuss. The man was 45, so came when he was around 23 years old...1/2 his life in Japan. It was his home.
Additionally, if this man was in the custody of Japanese Immigration, it is their responsibility to ensure he is (at least) alive upon his arrival to his home country, whether he was abused, socked, tied up, or not.
poppler
http://search.japantimes.co.jp/cgi-bin/nn20100421a4.html
Suraj came to Japan on a temporary visa, which expired in 15 days, in May 1988, according to Yoshida. He was arrested on suspicion of staying illegally in September 2006, and received a deportation order in November that year. The same month, his wife registered their marriage.
Potsandpans
Thank you for the source. I was not aware he was only originally here on a 15 day visa, which seems very odd, since other sources are talking about special residency permits. You think any of them are only 15 days long?
This makes his overstaying worse, but still not two years incarceration followed by deportation worse. And some judges seem to agree with me:
So the district court agrees with me and High Court are a bunch of dinosaurs. My wife is also financially independent, and not having a child hardly makes a marriage invalid. What astoundingly poor reasoning. And note that he was still held despite the deportation order being waived! And still held for nearly a year after the high court decision! Just completely despicable! Then they killed him! Those high court judges should be going down along with the immigration clowns that killed him.
chuckbello
It's a very tragic story but it happens all over the world. Two years ago an immigrant (Guinea) died into custody at the New Jersey immigration center. How does the deportation process work here in Japan? What I know about the US, the immigration officer has to board the plane with the deportee(s) until port of arrival (At least for my friend who was deported back to Haiti) . One more thing, how in the hell you put a towel in the mouth of someone who is resisting? That's plain savage.
Tom DeMicke
I can't imagine being on board an airplane and watching some guy being forced on board by 9 immigration officers. Not the kind of passenger I would want on my flight. Not a good candidate for flying in my opinion. I seriously think there is "something" or "someone" in Ghana he was trying to avoid. Sad story anyway.
Asagao
When I was deported from Japan I just accepted it. I was also deported from Europe, and again I just accepted it. What use is fighting or killing yourself going to do. It is the law. Do these people really think that they are so special that a nation like Japan will specially change the law just for them? If the marriage was serious, all his spouse has to do is marry him outside Japan, ofr he can come back on a tourist visa and get married. So the marriage smacks of suspicion.
hisashiburi
Hear hear! Outrageous!!!!!
octopussy
i suppose you'd support people who rape prostitutes as well