"Do I look that suspicious?" asks the headline on the cover of Shukan Kinyobi (March 29). The sub-head reads, "Racial discrimination by police who stop and question people who appear foreign."
The article concerns shokumu shitsumon, or shoku-shitsu for short, the police term for stopping and questioning individuals on the street or in other public places.
While the police behavior might strike some as being arbitrary, it benefits from ambiguous interpretation of Article 2 (1) of the Police Duties Execution Act (passed on July 12, 1948), which states: "A police official may stop and question any person for whom there is sufficient probable cause to suspect that the person has committed or is about to commit a crime...judging reasonably on the basis of unusual behavior and/or other surrounding circumstances."
Last January, three residents of Japan having foreign roots brought suit against the central and local governments over alleged racial profiling. The litigants claimed police questioning without probable cause violates Article 14 of Japan's Constitution, which prohibits discrimination based on race or family origin, and sought damages of ¥3.3 million per person.
One of the plaintiffs -- a 26-year-old man who lives in Nagoya -- told reporters at a press conference there were occasions when he had been stopped by police twice in a day, and on one occasion had been stopped as soon as he stepped out of his house. Born in Pakistan, he had moved to Japan when he was eight years old.
Once when the man informed a policeman that he held Japanese citizenship, the officer reacted by asking, "If you obtained Japanese citizenship, did you dispense with your residence card? Can you go out without carrying it on your person?"
"I'd like to see a change in the police approach toward Japanese who have foreign roots," the litigant told Machi Kunizaki, an award-winning reporter for HuffPost Japan's News Editorial Department at Buzzfeed Japan.
In Kunizaki's view, the essence of racial profiling is not necessarily discriminatory attitudes of individual police officers, but a structural problem within police organizations that subject foreigners to scrutiny under the guise of "security measures."
A former police officer with 20 years on the force, identified as Mr A, was quoted in a sidebar as saying, "I was warned in particular that dark-skinned individuals might be carrying weapons."
"Until I became a police officer, I didn't harbor any negative image toward people from foreign countries," Mr A added. "But at the time I took my superior's words at face value and came to think that many foreign people have a propensity to crime or violence."
Mr A recalled that "instructions we received related to race were virtually nil." Along with such insufficient training, he noted a poor working environment within the police organization as another contributing factor.
After leaving police employment, Mr A became acquainted with a person with "black roots" [sic] who had been born and raised in Japan, and who poured out his resentment about the biased treatment he'd received when stopped and questioned by police.
"I imagine it's painful to be treated by police officers as a criminal suspect because of something you were born with, like skin color or ancestry," Mr A observed. "Police work involves people's lives. Although the issue of racial profiling should receive high priority, I'm concerned that racial education is too often neglected."
The first opening argument in the aforementioned lawsuit will be held at the Tokyo District Court next Monday, April 15.
Speaking on behalf of the plaintiffs in the lawsuit, attorney Motoki Taniguchi underscored the importance of the lawsuit.
"Many people with foreign roots are living and working in Japan," Taniguchi said. "If they are on the receiving end of this kind of discrimination, whether being Japanese or not, it damages the social community as a whole."
© Japan Today
40 Comments
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zibala
If the law allows such stops, then end of story.
zibala
So they agree with me.
Strangerland
You were speaking of the law allowing stops. /dev/random pointed out that the article is questioning whether the law does allow stops, so your response makes about as much sense as most of Bass' posts.
sakurasuki
Exactly, law only considered those stops and questioning is voluntarily or 任意 。
Japanese doesn't need to carry an ID at all, so once those officers being told he is Japanese at that point everything is voluntarily, he can choose to stop and those officer need to obey that.
https://english.kyodonews.net/news/2024/01/f8376ed292ef-3-foreign-born-residents-sue-over-racial-profiling-by-japan-police.html
.
Not only that, that plaintiffs lawyer also show there's a specific training material that lead why those officer really targeting foreign people.
commanteer
Irrelevant. Even if the law does allow such stops, laws can be changed. If you believe all laws are written in stone and cannot be challenged, there are plenty of authoritarian countries around the world that would welcome you. Slave labor is hard to come by.
zibala
Relevant.
This law has stood since 1948.
End of story.
Strangerland
Or is it the start? How have you concluded it's all over?
Hawk
The only interpretation I could discern from the wording that would explain these plaintiffs' complaint is that police officers are more likely to "suspect that the person has committed or is about to commit a crime" if that person doesn't look Japanese. Unless not looking Japanese is considered a "surrounding circumstance." I don't think it's ambiguous at all. I think it's simply racism.
Anyway, good luck. (And I mean that both sincerely and sarcastically)
David Brent
I'd love to see a Youtube video of one of these "Sovereign citizen" idiots getting pulled over in Japan. Would probably last about two minutes in length.
TaiwanIsNotChina
If they are racial profiling they aren't busy doing their actual jobs at a minimum.
Sven Asai
The problem is not checking suspicious people now, the problem is not having any people left for checking suspicious people in a few years ahead.
NCIS Reruns
Facial recognition and other types of AI are likely to be adopted eventually, with potentially problematic results for both Japanese and foreigners.
bass4funk
Yeah, if a cop pulls me over to just simply harass me, I tell them to take a hike, but that has happened only twice, they usually stay away from me, but most interactions were decent.
Entuojo
Quit crying. Just answer their questions and get on with your day.
GillislowTier
It’s definitely an issue that deserves more and more attention. Basing your stop and searches based off bias or just false ideas formed from distortions and assumptions is just silly. Dark skin or hairstyle or even clothing being the core basis of criminality is exactly how you miss actual criminals. Stop people for suspicious behavior and actions not just because “well you got dreadlocks so you must sell drugs right?”
meanwhile the car parked on the road at 11pm with people walking up and walking away with little bags of stuff … nope must be a nice guy selling bread!
zibala
Which, if you read the article, you would know it does.
See above.
Easy, right?
Ok, not easy for you.
Try from the top again.
This is an easy exercise for intelligent people.
zibala
Oh, so then you understand the law has stood the test since 1948, more than 75 years, and hs withstood constitutional scrutiny for that time.
Well, that's your assumption, so not relevant to my conclusion.
Why are you still wondering? The motivation can be seen easily in my original post. Here:
If the law allows such stops, then end of story.
Now you look at this plain language quote, and throw your assumptions at it, and what do you get? Did you change the law? Or does the law still exist?
wallace
A police officer can stop any non-Japanese and request an ID/passport/resident card.
A police officer can stop a Japanese citizen but cannot demand to see the ID since there is no law to carry one.
The problem is when a foreigner becomes a Japanese citizen.
An immigration officer can stop all persons within a port area. Usually, there are posted signs warning of that.
It is best to remain polite do what they request and soon move along.
The police racial profile.
I have never been stopped.
Hawk
Previous one didn't help? Sorry about that. Try this one:
https://cotoacademy.com/studyinjapan/a-guide-to-getting-mental-health-support-in-japan/
All the best.
Entuojo
Nice deflection. Have a good one.
Redemption
Man that sucks. But as an olive skinned person I have also been stopped. The reason being that there are many foreigners in this area. You cannot resist the request as that would be viewed as "suspicious" and the cop would call for backup ruining your evening.
Speed
Yes, but that's not what always happens. When I was getting a parking ticket and I ran up to apologize and move my car, as soon as he saw I wasn't 100% I was quickly escorted to a koban. I was walked three blocks away through a throng of people who stared at me as if I was a criminal. Very embarrassing.
Once there, that policeman mistakenly thought my international driver's license was expired (he didn't know the difference between "June" and "July") and I was held there for an hour and a half. When I was finally given a chance to explain his error, there was no apology and slid me my 25,000 yen ticket and pointed to the door.
I've had friends, wearing suits and business dresses, being constantly stopped and questioned on their way to work which resulted in them being late periodically, which negatively showed in their performance reviews by our company.
The police really are not supposed to be stopping and questioning people unless they feel their is something suspicious or that a person is likely to commit a crime. That is the spirit of the law and it's being ignored and abused.
wallace
Speed
wallace
Well yes, there are cases like that but being confrontational when stopped will not help. It is always best to remain polite with the police.
Another car stopped, why?
I guess so but in 30 years I have never been stopped.
The police can stop foreigners over their right to be here.
Redemption
This will only improve with better training and hopefully some foreigners becoming cops.
bass4funk
That will happen eventually, don't be shocked when you see a Black or White Japanese Police officer.
N. Knight
Very true. It's called being pragmatic.
rcch
Some of you are going around in circles because of what the first poster wrote. It doesn’t matter what the law says, the J police is protected by the system. In other words, nothing will change. If you’re considered too different by Japanese society or if you have a certain appearance, you’re gonna have to deal with the J police (even if you’re a Japanese citizen). Japan isn’t gonna change anytime soon. The law and the system: two different things, but connected.
Ken
It's really crummy that this is a thing yes, but some of us that are American feel safer with Japanese police than we did with American police. I'm hopeful within the next 10 years police in Japan change their training plan so it doesn't feel like it targets foreigners.
As an American it would benefit you to have identification paperwork always so I would continue to have that mindset anywhere I am but I do understand their pain to an extent, your co-workers, friends and neighbors don't get harassed by the police nor do you get the luxury of feeling as comfortable and safe as they do.
Attilathehungry
The Catch-22 is that Japanese citizens don't have to carry ID. So a naturalized citizen can (and is) still hassled to show their passport etc. when they are under no legal obligation to do so. And Japanese as a whole roundly reject the implementation of a national ID. You do not have to 'prove' you are Japanese. That defeats the purpose of naturalizing.
TokyoLiving
Support Japan Police !!!..
bo
Some cops are idiots ,just as some people are idiots -The world will never be perfect so just do the best you can and don't let the little stuff get in your way !
Aly Rustom
Really glad to see this issue getting more and more attention recently. It is an exercise in racism and discrimination.
"Many people with foreign roots are living and working in Japan," Taniguchi said. "If they are on the receiving end of this kind of discrimination, whether being Japanese or not, it damages the social community as a whole."
THIS!!! Extremely well said!
Antiquesaving
This can't be! Being stopped because they look different or are foreigners!
No!
I mean for the past several years in this comment section, I have been told over and over again that if I or someone else was being stopped, it was because we must have done something to attract police attention and or it is our attitude etc...
But of course, even after the court case, the article, we still have the:
" I have never seen this",
the
"I have never been stopped"
funny everyone that has ever said this to me when I push and ask a bit more suddenly admit they have but refuse to admit it and claim it was no different than others and was for a safety check, a bicycle check or some other excuse in order to ignore the fact they had been stopped.
I didn't even bother reading other comments but I already know what certain ones are going to say and how they are going to claim exactly what I wrote above and make excuses for the police!
ThonTaddeo
A little disappointing to see this naturalizer "pulling the ladder up after himself", so to speak. The police shouldn't be hassling anyone who isn't suspicious, whether they hold Japanese nationality or not.