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Sri Lankan family sues gov't over immigration detention death

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By Tomohiro OSAKI and Amal JAYASINGHE

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Rights campaigners have long criticized conditions at Japanese detention centers, including how guards respond to medical emergencies.

Of course. they are 3rd world.

Justice Minister Yoshihisa Furukawa on Friday offered condolences to her family and vowed to prevent a recurrence.

They'll get better at covering it up

Sandamali's death "never should have happened in a facility entrusted with the lives of detainees", he told reporters.

Crocodile tears

Last summer, former justice minister Yoko Kamikawa said the probe had not conclusively determined the cause of death, but found the detention centre "lacked a system to assess the health of detainees and provide medical services".

Whatever...

5 ( +27 / -22 )

It's intentionally done by official, they ignore her request to meet with outside doctor after she complained she can not swallowed her drink.

Even the day she died, they even didn't make emergency call. There plenty failure there.

https://asia.nikkei.com/Spotlight/Japan-immigration/Japan-immigration-center-mistreated-Sri-Lankan-before-her-death-probe

8 ( +22 / -14 )

Who's paying the travel expenses and accommodations for the deceased Sri Lankan woman’s family? You add that to the legal fees and it comes to a tidy sum.

9 ( +15 / -6 )

It seems pretty straightforward. The Japanese government should pay the money, retrain their detention center workers, and respect human life.

10 ( +19 / -9 )

marc ladenToday  08:18 am JST

Yes. Sue the Japanese govt for accepting this woman to Japan. Giving a visa in the first hand was the problem. She did not come to study Japanese. She came to overstay in Japan. If she was honest then after her 11 months study in Japan, after finishing her visa she had to go back to Srilanka. Or he had to gain qualification to get a working visa in Japan. But she did not attend the school, she misused the student visa and started working illegally. She over stayed 18 months, started legal problems with her others to frame a case to over stay. Then suddenly she claimed she is a refugee........ She did all these dramas and played games with Japanese govt, The so called refugee's three family members are here from Srilanka and living for a year with Japanese people's tax money. Soon they will be claiming for a refugee visa. Or working visa..... Again they need millions of dollars a compensation from Japanese tax payers... by suing the Japan govt.

None of this discounts the neglect of her health and subsequent death. Is this a third world country?! In some ways, I think Japan is.

3 ( +18 / -15 )

@marc laden

Overstaying your visa doesn't deserve a death sentence.

15 ( +26 / -11 )

None of this discounts the neglect of her health and subsequent death. Is this a third world country?! In some ways, I think Japan is.

in many ways.

Overstaying your visa doesn't deserve a death sentence.

exactly. Imagine if a Japanese had been killed in detention in the US or UK or somewhere in the EU. What would the Japanese response be?

2 ( +19 / -17 )

It's a shame that it has to get this far, this should have been handled at to local level by the regional office responsible but since they FAILED to close this case the family has no choice to seek JUSTICE for their loved one.

3 ( +13 / -10 )

""Only in japan people can do this.""

WRONG, any nation with laws that protects a human right and dignity will give JUSTICE to who ever seeks it.

-4 ( +8 / -12 )

I can save them the trouble: "Not guilty, but we recognize that some things could have been done better and offer the family 100,000 yen."

-1 ( +13 / -14 )

If she was deported immediately she could gone to a hospital in her home country and escape her abusive partner. We need to change the law to make it quicker

1 ( +10 / -9 )

If Sri Lanka is unsafe for her to return, then should not Sri Lanka have to pay for her expenses until Sri Lanka is safe for her to return home?  It is sad that the immigration officials failed, but so did Sri Lanka and the government of Sri Lanka should have to pay their share.

-2 ( +6 / -8 )

Poor lady overstayed her visa to stay in an abusive relationship then reached out for help to Japanese authorities only to be refused medical attention she should have bin entitled to , and then perished due to negligence and inadequate ability of the Japanese government to provide basic human needs during her detention.

This is unfair human rights violation by Japan.

Shame on you Japan !

Rest in peace poor lost lady.

2 ( +14 / -12 )

I wish them luck in their case. Sadly, with 80% of the video evidence already being edited and discarded nobody will ever know the truth. I doubt this will ever get to court and hope the brown paper bag of money they receive under the table is adequate.

1 ( +9 / -8 )

@RodneyToday 09:40 am JST

If she was deported immediately she could gone to a hospital in her home country and escape her abusive partner. We need to change the law to make it quicker to my home country.

That was actually one goal of the proposed reforms - by limiting the number of appeals, people can actually be deported. Human rights groups objected.

1 ( +4 / -3 )

@marc laden

Overstaying your visa doesn't deserve a death sentence.

Agree totally.

However, law enforcement follow a "force continuum" doctrine.

So conceivably the penalty for all violations and disobeying the commands of law enforcement, from jaywalking to not paying a parking ticket, is in the end death.

0 ( +3 / -3 )

Sadly Japan is GUILTY of neglect & abuse of people it holds, I have read many cases over the last 3decades of this, it never changes!!!!

Sadly it REALLY shows how the govt feels about non-Japanese.......we are LESS human compared to locals sadly, it is what it IS!

-2 ( +6 / -8 )

A rich country like Japan allows people to die in detention?

Absolutely shameful and repressive.

Once this case garners more publicity it will be a massive blow to Japan’s image.

1 ( +9 / -8 )

Could this happen to an American or a European I guess Not? sadly she was Sri Lankan. As I see in some comments some people think, a life of a 3rd world country does not have the same value as a Japanese or person from a Developed Country. As it's ok to kill a person for Overstaying.

I have seen & helped Several Japanese in Sri Lanka who overstayed their visa and did not have money to get back. Refugee or not, 3rd world or not it can happen to anyone. but it's not ok to kill them or let them die.

6 ( +9 / -3 )

If she was deported immediately she could gone to a hospital in her home country and escape her abusive partner. We need to change the law to make it quicker

How do we know should would have had the means to do that? Quick deportation doesn't look like a humane solution for someone whose live is here.

Anyway, yesterday I talked to a Japanese person who told me they weren't aware of the terrible treatment of detainees at the immigration centres. It looks like this tragic death has managed to point out this issue to the general public. Good on the media for picking it up. The only question is, what took you so long? There are several deaths at detention centres every year.

3 ( +5 / -2 )

US,UK,France,Germany, Australia, they all seem enforcing deportation order much more strictly with possible criminal punishment when reject or ignore such orders.

I heard a country like Iran rejects accepting Iranian detainees deported if that person rejects the order、,UK,France,Germany, Australia, they all seem enforcing deportation order much more strictly with possible criminal punishment when reject or ignore such orders.

I heard a country like Iran rejects accepting Iranian detainees deported if that person in question rejects the order、 which is one of the reason there are many Iranian detained for long term (lots of them are ex-the accused in criminal case) in Japan.

Anyone knows how these you call advanced countries are enforcing the deportation order against such uncooperative countries?  They are dumping people at each air ports?

-5 ( +1 / -6 )

I heard... by kennyG

Got any sources to support your gossip?

-1 ( +4 / -5 )

bokudaToday  03:48 pm JST

I heard... by kennyG

Got any sources to support your gossip?

Which part? About Iran stance to deal with people sent back?

https://www.sankei.com/article/20190930-VZAUVHOFEBNLDOUQIWDJGEXF6Q/3/

元刑事被告人の長期収容者の国籍で最多はイラン。イランは本人が拒否すれば強制送還を受け入れない方針を示しているためだ

Or Enforcement of Deportation order in those the greatest advanced countries?

https://www.moj.go.jp/isa/content/930005363.pdf

-3 ( +1 / -4 )

3M USD only? That’s it? Should have demanded more. This girl overstayed her visa and made a massive mistake but she still should have received medical treatment

1 ( +3 / -2 )

She lied to the Japanese government, she broke the law of this great land and then she unfortunately passed due to her series of bad life choices.

And now the family wants some 'gibs me that' and reparations from the same government she lied to, I hope the case gets promptly dismissed.

-6 ( +3 / -9 )

Wishma Sandamali got brutally abused by his partner and that abuse forced her in an irregular situation.

Asked for help to the Japanese authorities that brutally abused her to death.

Now in death, Wishma is still blamed and abused.

4 ( +7 / -3 )

@bokuda

If you want to know the source of my gossip, Turky is also a country that rejects accepting citizen sent back

unless person in question rejects deportation order.

https://www.sankei.com/article/20170713-2O72EMTXIRNKDCB76VFQHYUKKQ/

-3 ( +0 / -3 )

I'm curious about who is giving negative feelings toward comments that support better human rights in Japan. People here are emotional, rightly so, about unnecessary deaths at the hands of Japanese civil servants, but obviously some people are not. I assume some people believe that the deaths would not have occurred if the deceased had not committed a crime in the first place: there is one small detail to consider - do the Japanese civil servants have the right to ignore inmate problems? Do the inmates have no right to humane treatment?

Having lived in Japan 18 years, I have at times seen these stories, known people in custody at Japanese police stations etc. and have personally had issues with the police leading to intervention to protect me from police harassment.

The bottom line: foreigners continue to receive poor treatment.

2 ( +6 / -4 )

In other news, the Japanese govt is offering visa free stay to Ukranian refugees,

You can confirm from Kono Taro's twitter feed. Its still there.

Don't get me wrong, the Ukrainians need every help possible. I personally wish to host some or go fight there

4 ( +4 / -0 )

Just numbers.

Approximately 3100 foreigners rejecting deportation order

1/3 about 1000 out of this 3100 have criminal records, meaning actually convicted guilty.

Criminal records, needless to say, include serious crimes as you can imagine.

470 out of this 1000 , criminals are applying for refugee status and dodging deportation order

2820 out of 3100 are actually provisionally released and living in the society, meaning not at detention centers

420 out of 2820 provisionally released are at large and wanted

https://www.yomiuri.co.jp/national/20211221-OYT1T50331/

https://www.sankei.com/article/20211129-EFJUBVDLUBK5BBSPABDZHC2O5Y/

-6 ( +0 / -6 )

It is obvious that Japan's immigration law is too lose and it should be heavily criticized J-Gov rushed to open the gate before cleaning up those mess. Not to mention reforming such law asap, Japan should strictly limit entries from the countries which do not accept their citizens deported by Japan.

-7 ( +0 / -7 )

@bokuda

So what do you want to say against the gossip?

-2 ( +1 / -3 )

Those posters who just enjoy nit-picking and bashing Japan here, as if this was a death sentence just for overstaying, or as if officials at immigration centers willingly just watched her die, I bet, none of those have read actual reports on this case, or only rely on English-based media.

-6 ( +1 / -7 )

So what do you want to say against the gossip?

You're going off topic.

We are in the Crime column of the JapanToday.

Please limit your speech to Japan and the crime in hands.

-1 ( +3 / -4 )

Hunger Strike is already petit trend among those detainees, especially the ones from those countries that do not cooperate with Japan's deportation. Like the case of a Nigerian male who rejected even medical care, during hunger strike.

Wishma also rejected foods at one point. If you don’t eat, of course, you’re risking your life.

So tell us, the clerks should have shoved foods into mouths of those on HS?

Particularly, with regard to Wishma's case, those RIGHTS Campaigners must be investigated seriously.

By the way, anyone knows how those so-called rights campaigners are like in the greatest advanced countries?

-3 ( +2 / -5 )

I am afraid nothing will change, there are just too many Japanese that

when they see a non Japanese name they automatically develop a brain

freeze and cannot think right and look at the case from that Us versus Them

angle. Even the most basic thinking or common sense escapes their memory.

The distrust of foreigners runs so deep, it will take centuries for a little progress

to be made.

5 ( +9 / -4 )

bokudaToday  05:31 pm JST

So what do you want to say against the gossip?

You're going off topic.

We are in the Crime column of the JapanToday.

Please limit your speech to Japan and the crime in hands.

I don'T even know whether it is Wishma's crime or Japan's crime but you asked me for the source calling my post gossip. So what did you want to know exactly? Huh? was it gossip or not. ?

I ask you. Do you even try to read Japanese source? or you just think nothing Japanese source is reliable?

In such case, this is not the place you should stuck yourself to.

-5 ( +0 / -5 )

Having said these all, I actually am very positive about the fact they sued J-Gov. "They" doesn't mean Wishma's sisters, but those weird rights campaigners and lawyers in Japan as it seems absolutely impossible for those sisters alone to keep fighting by suing Japan financially taking long time.

And do you know what? These campaigners and lawyers are the ones who are resisting to reform current primitive immigration law in Japan.

-2 ( +2 / -4 )

@kennyG

As far as I know, it's a crime to speak against the government or not act in accordance with Islamic law as is dissent in many other countries. I'm not sure, but the article you're sharing doesn't seem to specify what kind of convictions these detainees are fleeing, making play very well into the "foreigners dangerous" narrative that lets the J immigration offices get away with murder, literally, while the public just shrugs it off as a price to pay for "safety".

Anyway, even if there are some violent criminals fleeing justice in their country, Wishma quite clearly wasn't one of them. Those who post about "how it's actually her fault" show clearly how those in power think and why these deaths keep happening.

2 ( +3 / -1 )

@KennyG

Just because other countries have stricter border rules doesn't excuse Japan's system for taking a life.

The system is flawed and it's poor treatment of human life. Period.

A visa issue should not cost your life.

6 ( +6 / -0 )

Immigration refuses to release the footage of her last moments.

The video reveals that the agents where laughing at Wishma because milk was flooding out her nose, and she wasn't able to stand on her own.

You can see how the agents forced spooned food inside Wishma's clotted mouth, and then they signed that as she had eaten that food.

We will soon be able to watch that footage thanks to this legal action.

2 ( +4 / -2 )

YotomayaToday  06:11 pm JST

@kennyG

As far as I know, it's a crime to speak against the government or not act in accordance with Islamic law as is dissent in many other countries. I'm not sure, but the article you're sharing doesn't seem to specify what kind of convictions these detainees are fleeing, making play very well into the "foreigners dangerous" narrative that lets the J immigration offices get away with murder, literally, while the public just shrugs it off as a price to pay for "safety".

What the heck do you mean by immigration office gets away with murder? Huh❓ Do you say it was intentional? For the criminal convictions these detainees are fleeing, I also have no data either but you can well guess from this.

https://www.moj.go.jp/isa/content/930005082.pdf

Anyway, even if there are some violent criminals fleeing justice in their country, Wishma quite clearly wasn't one of them. Those who post about "how it's actually her fault" show clearly how those in power think and why these deaths keep happening.

Sure Wishma's illegal staying would never harm this country and the people. SO? You guys are just enjoying

to chop a single case on the chopping to board to keep spitting on Japan. Do you even know the MOJ apologized for this to have happened?

-4 ( +0 / -4 )

Do you say it was intentional?

Yes, denying her medical care was intentional and it's far from the only case when that happened in a Japanese detention centre. This had just one of the most tragic results.

I mentioned that this keeps happening over and over again, so there's no "chopping of a single case". Nobody's spitting on Japan itself, but its immigration system is terrible and inhumane, no amount of bowing and half-hearted apologizing is going to make up for the deaths and abuse that are common in these detention centres. The system needs to fundamentally change, foreigners need to be stopped portrayed as either a threat, easily exploitable labour or child-like morons in Japan's wonderland.

There are many things to like about Japan as a place and society. However, the treatment of immigrants is something that affects all of us without roots here, so if anyone is to get agitated about it, it's us. And we can't even vote, all we can do is post on social media. A bit of frustration seems quite obvious to me. Oh, and whataboutism about other countries is not a counter-argument. Two or more countries can have terrible systems worthy of criticism.

2 ( +4 / -2 )

KurukiToday  06:20 pm JST

@KennyG

Just because other countries have stricter border rules doesn't excuse Japan's system for taking a life.

The system is flawed and it's poor treatment of human life. Period.

A visa issue should not cost your life.

Again. How come you folks so stupidly keep posting Japan DID intentionally take her life?

How come she changed her mind and rejected deportation order? How come she rejected everything and went into Hunger Strike? How come she quit her school in the 1st place despite being financially supported by her family? and moved with her real abuser? How come she knew she was overstaying but kept silent until got victimized with actual violence?

She was probably stupid, but just because she is dead, it doesn't mean that Japan tortured and killed her.

The system is flawed and it's poor treatment of human life. Period.

I agree the system is flawed and hence my post above. but tell me What exactly Japan is supposed to do for those in hunger strike

-5 ( +1 / -6 )

YotomayaToday  06:44 pm JST

Do you say it was intentional?

Yes, denying her medical care was intentional and it's far from the only case when that happened in a Japanese detention centre. This had just one of the most tragic results.

She did have medical cares otherwise you wouldn't even read the news about diagnostic record from doctors outside the center.

It was not denying but judging it not necessary to be done ON THE DAY. YEAH MISJUDGEMENT by non-professionals. And You and your ilk keep calling it intentional murder

Read the reports officially published and come back

-4 ( +1 / -5 )

So let's move on to a Nigerian guy who even rejected medical care. Is this what you call whataboutism?

Just tell me Is it really Japan immigration office ignored medical care and hence it is to be intnetional ,murder?

Come' on ignoring care, how come staffs must have been giving her massage and spooning soup into her mouth? Huh?

-5 ( +1 / -6 )

What exactly Japan is supposed to do for those in hunger strike

Easy, release her. But that would make a system based on intimidation implode.

It was not denying but judging it not necessary to be done ON THE DAY.

Misjudgment is a bit of an understatement here, isn't it? If somebody you were taking care of needed to call them an ambulance because they were in a life-threatening situation and you made the "judgement" that was not necessary, you would probably have to take some responsibility if they didn't survive.

And as I said, neglect of the needs (any needs) of detainees is well-documented. Maybe zooming out and not obsessing with this one case might help create a bigger picture of why this death is not an anomaly but just the extreme result of common treatment.

Anyway, I'm not going to argue here anymore. I'm not going to convince anyone who already has an opinion on the matter. Clearly national pride is more important to some than human lives.

1 ( +4 / -3 )

Misjudgment is a bit of an understatement here, isn't it? If somebody you were taking care of needed to call them an ambulance because they were in a life-threatening situation and you made the "judgement" that was not necessary, you would probably have to take some responsibility if they didn't survive.

I say murder is way more overstatement than mis-judgement could be understated. From the link I pasted here in this thread, you can find how many of those detainees went into Hunger Strike. You can also refer to the numbers I provided above. In case of Whisma, when she recieived medical care outside, the outside doctor recommended the treatment at the center , who even referred to the weirdness of her changing her mind along with the timing of her meeting with those rights campaigners. Oh yes, it's easy for you to blame this outside doctor too but the point is about misjudgement of the clerks at the center after receiving such doctor advise. .

Simply releasing detainees IS NEVER a solution. Do you release criminals into the society just because he/she look suffered despite it could be just gesture?

Clearly national pride is more important to some than human lives.

If you think it is just national pride, I have no further comment, especially when for those who didn't even read primary reporting.

-5 ( +0 / -5 )

Simply releasing detainees IS NEVER a solution. Do you release criminals [...]

There! There's where you get confused.

Wishma is not a criminal.

She got a paperwork misbehaviour, that's not a crime. It's just a fault.

1 ( +3 / -2 )

Wishma is not a criminal.

She got a paperwork misbehaviour, that's not a crime. It's just a fault.

No never a paperwork misbahaviour. Come back after you gain basic info on this case.

It is intentional overstaying and it is called a crime

-5 ( +1 / -6 )

Yes it is because she was a lady from Sri-Lanka and yes it is because she passed away , but that does not change the fact that releasing those who intentionally violate the law is not a solution.

-5 ( +0 / -5 )

Overstaying as such is a bureaucratic procedure, not necessarily an act demonstrating wilful intent of depriving others of life, liberty, or property.

2 ( +4 / -2 )

Simply releasing detainees IS NEVER a solution. Do you release criminals into the society just because he/she look suffered despite it could be just gesture?

Wow. I said I wouldn't say anything anymore, but this is rich. So yeah, Japan criminalises overstaying your visa, which is kind of the root of the issue here. But that doesn't make overstaying a visa a threat to society the way murder or robbery is. The immigration office always takes ages to issue a visa, or more often provisional release, for detainees, for which there is no other possible explanation than intimidation. Releasing them instead and letting them work with a valid visa before they are desperate enough to risk their lives on a hunger strike seems like the humane thing to do. That doesn't seem like much of an argument in this exchange though.

If you think it is just national pride, I have no further comment,

You're the one complaining about commenters that we just want to badmouth Japan. If national pride (or some sort of "love" for Japan if you're not Japanese) played no role, why would you care?

2 ( +4 / -2 )

Wishma was sick in the detention center. It is customary, indeed, incumbent on institutions to make sure their charges get medical help that leads to, or at least attempts to lead to their recovery. Instead, Wishma's jailers laughed at her and let her die. Hence the crime. The punishment should be severe.

3 ( +5 / -2 )

Say her name,Wishma Sandamali.

And we want the monsters that abused and killed her go to prosecutor and be sentenced.

But this won’t happen,because this is Japan.

A country that racialize people and bully visible minorities.

A great economy with a medieval mindset to the world.

1 ( +5 / -4 )

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