A Japanese district court has ordered the state to pay a total of 1.2 million yen in compensation to two asylum seekers, ruling that in some cases their repeated detentions by the country's immigration agency did not take account of their physical and mental conditions.
Deniz, a Kurdish man in his 40s with Turkish nationality, and Heydar Safari Diman, an Iranian national in his 50s, sought about 30 million yen in damages, after they were detained and released several times over the space of more than a decade. They filed the lawsuit with the Tokyo District Court in 2022 focusing on their treatment from 2016.
The ruling handed down on Tuesday said that on some occasions, they were detained despite deteriorating health conditions, such as a diagnosis of depression.
"We cannot say the necessity of detention overrode their physical and mental disadvantages," the court said, ruling that some of their detentions violated the International Covenants on Human Rights and amounted to unjust physical restraint prohibited by Japan's immigration law.
The plaintiffs also questioned the immigration law itself, which allows detention without going through a review process such as trials, saying that it infringes the human rights covenants.
But the court dismissed their claim on the grounds that their rights to a trial are guaranteed through a lawsuit seeking release.
Masako Suzuki, a lawyer representing the plaintiffs, underscored the significance of the ruling, telling a press conference that it "clearly acknowledges that there was a violation of the International Covenants on Human Rights in the detention."
The Immigration Services Agency has said it will respond "appropriately" after reviewing details of the ruling, since some of its claims were not upheld.
According to the complaint, Deniz, who declined to give his surname for fear of retaliation against his family in Turkey, and Safari Diman had both overstayed their visas and were subsequently repeatedly detained by the Immigration Services Agency.
From 2016 to 2020, they were detained several times for a total of more than three and a half years each, the complaint said. They have been on provisional releases since the spring of 2020, according to their supporters.
Seeking help from the international community, the two had notified a U.N. expert panel on arbitrary detention of their cases, leading the panel to release an opinion in 2020 that found their deprivation of liberty was "arbitrary" and contravened human rights covenants.
© KYODO
29 Comments
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TaiwanIsNotChina
That's in dollars, right? Oh...
WoodyLee
"" after they were detained and released several times over the space of more than a decade ""??
A Decade !?, how could it be, normally it's either deported or released.
Is this a typo or did it really happen??
sakurasuki
@WoodyLee
https://www.statelessness.eu/issues/stateless-refugees-and-migrants
https://www.unhcr.org/about-unhcr/who-we-protect/stateless-people
Some refugees they are stateless, so no way can be deported, to which country?
kurisupisu
Ten years of continual arrest and release for being an asylum seeker?
Japanese authorities should be severely embarrassed.
sakurasuki
No need to mention about overstayers, even a law abiding citizen can be detained up to 23 days without any proof and charge again that citizen. That just how Japan's hostage justice system works.
Boston
Wonder how they determine that amount? Is there some formula? Or do they just pull a number out of a hat?
Gaijinjland
I’m not going to get into right and wrong, just looking at what is written. They overstayed their visas. They broke the law. I’m surprised they were awarded anything at all. That’s probably why the lawyer said it’s “significant”.
GuruMick
Gaijinland....mate, just google "asylum seeker " and you may get an understanding.
Many types of visas arent there ?
Some allow for a determination of asylum status.
No need to get into "right or wrong " because Courts determine these matters eventually, not some administrative official in the Immigration Department.
WoodyLee
1.2 / 2 = 600,000 yen each - 30% attorney fees = 420,000 - 10% Income tax = 378,000 - travel costs, time off from work, Hotel & Meals during trial costs etc. approx. 200,000 yen, Bal. = 178,000 yen each.
Should have asked for deportation rather than staying.
KazukoHarmony
Gaijinjland
Just because someone overstays their visa doesn’t give authorities the right to unjust physical restraint.
Such action is prohibited by Japan's immigration law and violates the International Covenants on Human Rights. And that is exactly what the Japanese district court recognized.
Meiyouwenti
“ they were detained and released several times over the space of more than a decade. “
It’s simply amazing that “asylum seekers” are allowed to stay in Japan for more than a decade. The law must be revised. Immediate deportation of asylum seekers who cannot prove their refugee status within three months of their arrival would help prevent human rights violations by the immigration authorities.
proxy
Japan is on the right track by not accepting a flood of "migrants" like most other advanced countries are doing.
Enter illegally, on the plane home on the next day.
Chico3
For what they had to go through, that settlement is peanuts.
garymalmgren
These multiple arrests, detentions, interrogations and general harassment is Japan's way of saying
"Go home".
Easier said than done.
Today's Türkiye or Iran are pretty harsh on any one who has criticized the government, political/religious systems or insulted the country. We are not told their back stories.
These two asylum seekers probably have very good reasons to bear the treatment here in Japan over what that can expect if the "self deport".
That doesn't excuse the way that they have been treated.
garymalmgren
RE: Immediate deportation of asylum seekers who cannot prove their refugee status within three months
I have a feeling that trying to PROVE refugee status in Japan would be the classic Catch 22.
GuruMick
Kurds should try Israel for asylum , God knows Israel funds the various Kurdish groups, even militias, seeking a Kurdish homeland.....just not on Israeli soil of course.
Netanyahu himself has spoken of the bond between Kurds and Jews/Israelis.
Iran presents a problem as they do not allow repatriation of failed asylum seekers to Iran.
Now, IF, he was a white South African farmer, then Trump would welcome his application.
Overall, Japan has a poor record on migrants of any type, refugees or otherwise.
Alan Harrison
Japanese "law" at it's best - yet again.
Aly Rustom
agree
I would say at its worst BUT it is at its best. which is pathetic
Yrral
It about the yen
Slayer
Only pocket money, They should have gotten alot more.
Yrral
Proxy,what have contributed to Japan, obviously nothing,the Japanese economy has not grown in 30 years,China economy is 4 times as Japan,that is not much advancement
Mark
Completely irrelevant. Get over your obsession with making irrelevant comments just for the sake of attacking Japan.
John
Each one can afford to buy one good lunch with it. Japanese law really does not have a real compensation.
Vlad.P.Suxkokov
Not much but better than nothing I guess. Its the thought that counts.... right????
Mr Kipling
They should now be able to afford a one way plane ticket out of Japan.
Japnoy
A Japanese district court has ordered the state to pay a total of 1.2 million yen... Only?!?!
David Brent
Please just go home. The Japanese clearly don't want you here.
masterblaster
Poor decision. They overstayed their visa. They committed a crime. They should have been detained.
Japan immigration was correct in this case.
The U.N.? No thanks. The U.N. lost credibility a long time ago.
Agent_Neo
This is also the fault of the evil law created by the Democratic Party.
Until then, it was common for refugees to wait for entry permission outside of Japan, but the Democratic Party allowed them to live temporarily in Japan.
As a result, self-proclaimed refugees are flocking to Japan, being detained upon entry, and people who are refused acceptance by their home countries are being held for long periods of time for no reason.
Because Japan does not forcibly repatriate people to their home countries, the number of people being detained continues to increase.