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Gov't ordered to pay ¥1.65 mil over death of Cameroon man in detention center

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The ruling "confirmed that it is but natural to send someone who is suffering to the hospital," said the defense counsel, describing it as a "breakthrough" that the court determined the state had the duty of care over the man.

They detain him, so they have responsible for his safe and they failed!

ruled out linking the bureau's actions to the man's death. "As the man's health had rapidly deteriorated, it does not necessarily mean he might have been saved if he had been taken immediately to a hospital," he said.

Whether he can be saved or no, nobody know that, since he already gone.

Next, they have to be responsible for Srilankan death now.

https://www.japantimes.co.jp/news/2022/05/29/national/sri-lanka-immigrant-death/

10 ( +18 / -8 )

As the man's health had rapidly deteriorated, it does not necessarily mean he might have been saved if he had been taken immediately to a hospital

Expected words from a Japanese judge. You could apply this kind of logic to every malfeasance. Why is such a facility where people are detained allowed to not have medical staff in the first place?

3 ( +14 / -11 )

IG nobel is not real nobel, it's organized by a humor magazine.

https://www.chronicle.com/article/harvard-humor-magazine-bestows-ig-nobel-prizes-for-achievements/

-6 ( +1 / -7 )

That should be 1.65 million dollars, not yen.

16 ( +26 / -10 )

"As the man's health had rapidly deteriorated, it does not necessarily mean he might have been saved if he had been taken immediately to a hospital," he said.

So they decided not to find out. “Why bother trying? Guy’s probably already a goner!”

The government had said that leaving the judgment on dispatching detainees by ambulance to staff without medical knowledge is difficult

Or common sense. Or maybe a shred of humanity.

6 ( +15 / -9 )

The price of a Ghanian man's life is about $15,000.

2 ( +11 / -9 )

That's only about 11,000 USD, is that the current value of human life? Should have been at least 100,000 USD and an apology letter. This just makes no sense, just adding insult to injury.

8 ( +16 / -8 )

Just 1.65 mil?

They probably calculated the cost of his life based of the Cameroonian GDP per capita. I would not be surprised if it was really the case.

Actually, I have read somewhere that the amount insurances pay families in case of death due to traffic accident is actually based on the potential estimated revenue for each individual; meaning a handicapped lady from a blue collar family would be deemed less valuable than a healthy highly educated male from white collar family.

I need to find the source though.

8 ( +12 / -4 )

If I were the mother, I wouldn't take the money. That's an insult to her son's memory

-4 ( +10 / -14 )

Another sterling effort in humanitarianism by the Japanese immigration mob. Lovely stuff guys, more of the same too from the judges statement denying responsibility in such a cold hearted manner. They just don’t get it do they?

But Presiding Judge Masahiko Abe ruled out linking the bureau's actions to the man's death. "As the man's health had rapidly deteriorated, it does not necessarily mean he might have been saved if he had been taken immediately to a hospital," he said.

-1 ( +10 / -11 )

Ridiculous amount.

13 ( +15 / -2 )

They still try to cover up the death of the Sri Lankan woman.

12 ( +17 / -5 )

1.6 million Yen is a incentive for the government to not improve conditions. This will deter appeals. Two deaths in 12 months and very little compensation after being found guilty of negligence. This will make most people think about their chances of living if they appeal. If the payment or compensation was 100 x more then you will see improvement but until the courts see through the government strategy things will not change.

4 ( +8 / -4 )

It’s a district court ruling. It’ll most likely be overturned at a High Court if the government appeals it.

3 ( +4 / -1 )

No visa…next flight out. It’s happened to me in two countries before. And I was forced to pay for my plane ticket. Why does japan lock theses people up in immigration facilities? I understand the Sri Lankan was a criminal, so she should of been sent to prison then immediately deported. This stupid immigration detention has led to two medical deaths. Immediate deportation would of saved two human beings lives.

-10 ( +6 / -16 )

But Presiding Judge Masahiko Abe ruled out linking the bureau's actions to the man's death. "As the man's health had rapidly deteriorated, it does not necessarily mean he might have been saved if he had been taken immediately to a hospital," he said.

Solomonic justice from Judge Abe there.

"Yes the driver of the car hit the man and drove off. But it does not necessarily mean if the driver had stopped and helped the man he could have been saved."

Usual Japanese legal abortion of justice.

5 ( +17 / -12 )

Lesson learned: Leave Japan when you are told to leave Japan. Dont game the system.

-14 ( +7 / -21 )

the Cameroonian man was detained by the center in November 2013 after he was refused entry into the country at Narita airport outside Tokyo a month earlier.

And he had a record a mile long. He would still be alive, if he had listened and gone back to his country. Go home when you are told to go home.

-13 ( +5 / -18 )

Her family members say it is clear she would have lived if immigration bureau officials had given her appropriate care.

She would have lived, if you had gone back to her country. She rolled the dice and she lost. It was her choice.

-13 ( +6 / -19 )

@ Mio Lesson learned: Leave Japan when you are told to leave Japan. Dont game the system.

Or what you pay with your life right Mio...

-2 ( +13 / -15 )

While it's a good ruling, this part of it is really spurious:

But Presiding Judge Masahiko Abe ruled out linking the bureau's actions to the man's death. "As the man's health had rapidly deteriorated, it does not necessarily mean he might have been saved if he had been taken immediately to a hospital," he said.

The government had said that leaving the judgment on dispatching detainees by ambulance to staff without medical knowledge is difficult, and even if the man had been transported from the facility, he still might not have been saved.

It seems pretty obvious to me that if someone is in medical distress, and they have no way of getting help by themselves (which he didn't since he was detained), it's criminally negligent to consciously and deliberately withhold medical care.

If someone has a heart attack and I deliberately don't call an ambulance because "he might die on his way to the hospital anyway", that's not a valid excuse (at least in my home country it legally isn't, but morally it certainly isn't no matter where you live).

12 ( +13 / -1 )

or anywhere else

-3 ( +5 / -8 )

shame.its just a shame.

As the man's health had rapidly deteriorated, it does not necessarily mean he might have been saved if he had been taken immediately to a hospital.One day judge may lie with deteiotated health in bed too,than dont rush him to hospital at all as me may be not saved if he will be taken to hospital at all.Please say someone this message this his family.Karma is for free and will hit back on you one day!

6 ( +10 / -4 )

Mio

 He would still be alive, if he had listened and gone back to his country. Go home when you are told to go home.

I see.

Your comment suggests you are an extremely strong believer in people's obligation to follow rules. Can you not see the huge double-standard at the center of you own stance?

The immigration officials also have rules to follow, don't they? You don't seem to care that they did not follow them at all.

All over the world, it is common sense that someone in detention cannot seek their own medical care. The people detaining them bear 100% responsibility for ensuring they have the best health outcomes. If someone is calling out "I'm dying, I'm dying!" and the staff of the facility ignore them completely, they are in breach of their rules - note that even the Japanese court agrees with this (despite the ridiculously small monetary award).

We have already established that you believe in rule-following, proper procedure and the individual's obligation to do the right thing. But Why do you apply none of your moral principles to the guards actions? Would you care to answer?

It is not good enough to say "if he had gone home, he would not be there". He was there. If no-one was ever detained, the world would be different and the guards would not be there.

The fact that guards are only ever dealing with people after some rule-breaking has occurred does not place the guards in a moral void. Imagine one of your friends or relatives is jailed for a crime they did or did not commit. One night, in their jail cell, they shout to be let out. The guard takes out his key, opens the cell door, walks into the cell, and begins beating them. They suffer serious injury.

Is everything the guard does to the prisoner in that cell acceptable by simple virtue of the fact that the prisoner is incarcerated? Do prisons and detention centers operate in a vacuum, separate from the morals and ethics of the rest of society?

For all your strident moral criticism of the detainee's actions, you appear to have an extremely weak grasp of universal human rights, moral consistency, and the rules and regulations under which detention center staff must operate.

5 ( +11 / -6 )

The authorities refuse to pay the cost of airfares for deportees who are expected to pay their own which means many months and years in a detention center.

0 ( +4 / -4 )

The authorities refuse to pay the cost of airfares for deportees who are expected to pay their own which means many months and years in a detention center.

The airlines do pre-screening don't they, so how many people actually get to Japan and are then refused entry? I suspect the number is very small, and small enough for Japan to shoulder the bill of the deporting flight, which will be cheaper than holding people in a facility for very long anyway.

Getting back to the main story, but yes, the facility has a duty of care and has failed it here. Its hard to see how a penalty this low will encourage them to improve their practices. Trying to enter Japan cost this man his life, so RIP to him.

2 ( +4 / -2 )

But Presiding Judge Masahiko Abe ruled out linking the bureau's actions to the man's death. "As the man's health had rapidly deteriorated, it does not necessarily mean he might have been saved if he had been taken immediately to a hospital," he said

Time and time again we hear such baseless, illogical, unintelligent prevarication from Japanese judges. Society really does seem at the mercy of intellectual midgets.

7 ( +14 / -7 )

Absolutely disgusting. The judge should have refused to accept that as a settlement. I'm not sure how arbitration works here. I was in a personal injury mediation in the US. The way you would calculate this would be in part to look at what that man would have earned over the course of his lifetime, which surely would have been more than $11K USD. I also don't know how you would bring this to trial in Japan but if it were brought to trial there would be the chance for punitive damages which could be very high to set an example.

Instead we have a pittance amount that neither deters nor compensates the family for their loss.

0 ( +5 / -5 )

More detail on the case and context:

https://mainichi.jp/english/articles/20190709/p2a/00m/0fe/012000c

4 ( +5 / -1 )

How can a human's life be so cheap? Can't even buy a Rolex watch!

-4 ( +3 / -7 )

What a pitiful amount its exactly how they view the value of life! Blame shift to the deceased that he probably could not be saved. Where is the punishment to the perpetrators??? No justice at all!!

1 ( +4 / -3 )

As the man's health had rapidly deteriorated, it does not necessarily mean he might have been saved if he had been taken immediately to a hospital,"

translation: he's a foreigner and we as japanese will do any and every form of illogical gymnastics to make sure that no Japanese is ever held responsible for a foreigner's death.

-9 ( +10 / -19 )

....and the court's wrangling process cost how much?

6 ( +8 / -2 )

How can a human's life be so cheap? Can't even buy a Rolex watch!

Mate, with this money, you can barely purchase a second hand 2010 Honda Zest.

2 ( +5 / -3 )

If this happened in Australia it is called a death in custody, resulting in a coronial enquiry where ultimately court ordered findings/changes will be made and possibly charges laid.

After Wishma I’d hope there are some concrete changes made to Japanese immigration detention facilities. This sort of thing should not happen again

5 ( +8 / -3 )

The man’s life was worth $16-17,000USD, that’s it, huh?

0 ( +4 / -4 )

Just for information, he was in hunger strike so the cause of the death is more or less related to it.

Incredible they don´t require an autopsy though.

3 ( +6 / -3 )

@Mio, I find your comments grossly insensitive and most likely based on limited information.

The Cameroonian man was detained upon entry not whilst he was already here.

The underlying point in these matters is once someone is in the custody of the state then the state is ultimately responsible for their well-being.

Period.

Doesn’t matter their history/background etc.

Ask yourself this, would you be satisfied with such treatment if this was your friend/relative?

2 ( +6 / -4 )

I suppose it’s out of the question for criminal charges to ever face these barbarians at the Japanese immigration detention centers.

I guess the powers that be all close ranks when these things come to light.

I’m really not so sure this country is a democracy.

-2 ( +3 / -5 )

Immigration is part of the j-justice branch.

They don't need to respond to the justice because they are the justice.

0 ( +3 / -3 )

AustPaulToday  01:28 pm JST

@Mio, I find your comments grossly insensitive and most likely based on limited information.

The Cameroonian man was detained upon entry not whilst he was already here.

Doesn’t matter. He was rejected of his entry due to (a) reason(s) which even his family's lawyers does not know why. He was immediately given a deportation order at the airport but he rejected it.

I always wonder how come so-called families who sue the J-Govt. suddenly show up when those detainees died at the center . They had no idea about their family members were detained at the centers? , hence never persuaded them to leave Japan and come back home? either through mails or telephone conversation?

-3 ( +5 / -8 )

@kennyg

Fair enough, my error. Mistakenly thought it was upon entry but noticed he had arrived a month earlier.

We will never know his reasons, if any, for not voluntarily returning to Cameroon, however the fact still remains he died whilst in the care of the state. Whether it’s prison, immigration detention or whatever, there is a duty of care required and in this instance like the Wishma matter I feel the state has failed in this duty.

5 ( +8 / -3 )

Cameroon, Sri Lanka...anyone see a pattern here?

Do you think for a second that the same authorities would have treated an American or UK citizen the same way?

These things are always a reflection of who is at the top of the chain of command... who appear to value certain people less than others.

-2 ( +6 / -8 )

Cameroon, Sri Lanka...anyone see a pattern here?

Do you think for a second that the same authorities would have treated an American or UK citizen the same way?

Is it a question for only if American or UK citizens are being detained at these centers, rejecting deportation order, applying for refugee status?

-1 ( +3 / -4 )

A disgrace against Japan. Apparently only the west knows how to accept refugees.

1 ( +5 / -4 )

Erik Morales....

Apparently only the west knows how to accept refugees.

You may want to check which countries accept the most refugees.... A tip.... It's not the west.

Turkey 2.Pakistan 3. Uganda 4. Germany 5. Sudan 6. Lebanon 7. Bangladesh 8.Ethiopia 9. Iran 10. Jordan
8 ( +8 / -0 )

Julius: Two deaths in 12 months ? Don,t you think that they would of follow up in a big way after the first death when found suspicious and department found guilty of Negligence. These deaths were cause by work culture which is not discourage or even encourage and it starts high in management for it cause two deaths. So if the guards did the proper job of caring I bet their job would not last long (Alienated) and encourage to leave. So blaming the guards misaimed. Yes they are part of the cause of death but real cause lies deeper.

-2 ( +3 / -5 )

@147 yen to the dollar that's way less than even 15,000 ! The price of a life in Japan. Pretty disgusting if you also me.

-1 ( +2 / -3 )

Apparently only the west knows how to accept refugees.

Which is to transfer them to somewhere else they didn't even expect nowadays.

And both of them were not even refugees but illegal stayers who also rejected not the request but the (deportation) order by a sovereign nation.

-1 ( +3 / -4 )

Breakthrough

It is a breakthrough in Japan's archaic humanitarian and justice system.

There's hope for Japan yet !

1 ( +3 / -2 )

Which is to transfer them to somewhere else they didn't even expect nowadays.

Precisely. They are all sent to a remote Pacific Island, Rwanda, or Martha's Vineyard.

3 ( +4 / -1 )

If rejected at the passport control, you either carry fake passports or fake visa or you're on the blacklist.

What else?

Strange, as far as I know, the airline which boarded the person who got rejected at the passport control of his destination is obliged to carry him/her back to the airport he/she got on board. There' re still a few unknowns which his lawyer did not even dig up enough.

2 ( +6 / -4 )

Oh I forgot a few other cases, even you got through the control, if illegal drugs/guns..etc serious illegal items found out from your baggage at the custom, you would be rejected even with proper passport/visa...exactly speaking you would be immediately arrested( as the custom is in domestic area) , but seems it is not this case.

-5 ( +1 / -6 )

@Lamilly

As he was rejected for his refuge status, he got himself on hunger strike.

He made his health situation himself, as many would try to do.

I prefer Japan to stay Japan than my country to become something else (bad) where there are less nationals than foreigners (culturally) in many locations and where delinquency is so high you stopped using public means of transport.

-2 ( +3 / -5 )

Those who wish to see a "pattern" will see one no matter where they're looking.

Feelings are not facts.

-2 ( +1 / -3 )

1.65 million yen? That's about $12,000 American.

Seems a paltry amount given that a man died, and shouldn't have.

1 ( +3 / -2 )

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