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Testimony begins in lawsuit accusing Japanese police of racial profiling

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By YURI KAGEYAMA

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Interrogating every foreigner of color they see is doing their job, I see! Is that what my taxes are paying for?!

-8 ( +32 / -40 )

I don’t know. I see cops frisking young Japanese guys all the time at stations checking their bags, wallets, etc. for no apparent reason other than wearing really baggy pants.

-7 ( +24 / -31 )

The Japanese police can be annoying, it's true. But, the vast majority of them are not scary, like police in the U.S. Therefore, I am not sure if this is a matter for the courts. Apparent profiling might change with time as Japan gets used to foreigners living here. In any case, I will be watching to see what happens.

22 ( +46 / -24 )

A 2022 Tokyo Bar Association survey of more than 2,000 people of foreign ancestry living in Japan found that 62.9% of respondents had been questioned by the police in the previous five years. Some said that police had made comments about “suspicious” hairstyles or clothing.

It’s a complete waste of resources to search people based on what is deemed ‘suspicious’

BTW it is not only the police that do this.

And the information in the article is clearly showing bias.

It is stated that crime rates by foreigners are similar to those by Japanese.

If visa violations were excluded from the figures then it would be obvious that rates of crime are LESS.

The Japanese are more likely to commit assault, murder, fraud and theft etc than any foreigner.

However, that information is never presented publicly.

-12 ( +33 / -45 )

I doubt very much that anything positive will come out of this lawsuit.

Japan is a locked up society tightly controlled by social and traditional rules that will not change. It has been and will always be that way, the word CHANGE is considered a challenge and a monumental task. Nothing wrong with that for as long as the Japanese people are satisfied with that.

My advise is Love it or Leave it, it may sound racist but it's NOT.

-21 ( +18 / -39 )

Recent government data show no difference in the crime rate between Japanese and foreigners.

Those stops just not based on facts, the main reason those stops happening is because foreigners look different from Japanese which easy from being targeted.

.

Not only that, that plaintiffs lawyer also able to show there's a specific guide in officer training material that explain why those officer targeting foreign people.

https://english.kyodonews.net/news/2024/01/f8376ed292ef-3-foreign-born-residents-sue-over-racial-profiling-by-japan-police.html

-8 ( +19 / -27 )

Everyday on my way to work J police just don't check foreigners they also check the Japanese at the train station, can be annoying especially if your in a hurry I just show them my alien card and thats it.

Their victim mentality is over the top.

-12 ( +20 / -32 )

@enmaai @gaijinland

It's depend on the area, in some area they check both foreigners and Japanese. In some others area they really targeted foreigners.

https://www.japantimes.co.jp/community/2017/01/22/our-lives/meet-man-gets-frisked-tokyo-police-five-times-year/

7 ( +20 / -13 )

Japan does not have any anti-discrimination law, nor any laws or guidelines aimed at preventing racial profiling,

This in of itself is problematic.

but the government and the police deny they discriminate and say they are just doing their jobs.

BS. They DO discriminate. BTW, discriminating and doing their jobs are not mutually exclusive.

They have yet to outline the specifics of their arguments, expected in the next session of court in July.

To be honest, I'm really curious about their arguments.

I doubt very much that anything positive will come out of this lawsuit.

Generally speaking, you are right.. UNLESS this lawsuit reaches the international media. The Japanese HATE negative publicity, so I can see something come out of it IF there is an international spotlight on this issue.

-8 ( +23 / -31 )

@Tom Seleck @WoodyLee

Their lawyer choose to proceed with this case because there's chance to win, what they find out there is training material that being used to train those officer, which specified for targeting foreigners. So it's not because one or two officer discretion.

-5 ( +19 / -24 )

@Aly Rustom

Exactly, fortunately those plaintiffs lawyer able to find evidence that support this is happening systemically. They found training material which being used by officers that encourage to check people who look foreign.

-12 ( +13 / -25 )

Nothing will happen or change. Props to them for at least bringing attention to the issue, though.

-7 ( +13 / -20 )

This article has exact quotation from that troubled training material for officer, that endorse racial profiling.

https://news.yahoo.co.jp/articles/f2591f786f7e836d7efb5d03293a6c0ce1ca4f18

.

Translation will be something like "..there's a firm believe that foreigner guilty of some kind of illegal activity.."

-5 ( +12 / -17 )

Zain said he has been treated like a criminal,

Really?

-6 ( +8 / -14 )

stopped by police about 17 times during his 10 years living in Japan,

That's 16 more than my experience but I'm still not sure if that's really a lot in 10 years.

There are individuals that arouse suspicion more than others but if many of them experience the same then it might indeed be racial profiling.

0 ( +13 / -13 )

The Japanese police can be annoying, it's true. But, the vast majority of them are not scary, like police in the U.S.

I don't know why we should compare how Japanese police behave to how another country's police behave. It's not helpful. The fact is that racial profiling does exist in Japan. Some foreigners or Japanese who look foreign have been stopped unnecessarily based on their appearance alone. Japanese police who engage in this should be held accountable for harassment. I wish the plaintiffs the best.

19 ( +24 / -5 )

Zain said he has been treated like a criminal, despite having lived in Japan for two decades, having attended Japanese schools as a child, and being fluent in the language. He wants to be recognized as a Japanese person and to help make Japan a better place, he said.

Should be a slam dunk decision earning a humongous punitive penalty decision engendering change in the system under a rules-based equality under the law system?

-3 ( +4 / -7 )

Best of luck. Saw some evidence of police training materials on the news and it is shocking. Something like "You can arrest foreigners just for not having a passport!"

3 ( +11 / -8 )

I appreciate the approach that the plaintiffs are taking, asking for small amounts of compensation and taking their case to court on principal to as one is quoted as saying " help make Japan a better place." That is all any of us can do, try to make where we live a better place and to do it for the benefit of everyone, not to fill one's boot.

8 ( +13 / -5 )

The police should be required to submit a report on everyone they stop.

10 ( +17 / -7 )

PaulToday  06:58 am JST “ Interrogating every foreigner of color they see is doing their job, I see! Is that what my taxes are paying for?! “

Unfortunate, but understandable and not something out of this world (btw, your comment is extremely exaggerated). Japan is (still) safe (one of the safest countries in the world ) and I’d like it to stay that way. At the end of the day, the J police is just trying to keep this country safe.

3 ( +14 / -11 )

We don't know how many people the police stopped and whether they were Japanese or not. If these figures were reported we would have a better picture of the situation,

3 ( +6 / -3 )

Japan does not have any anti-discrimination law, nor any laws or guidelines aimed at preventing racial profiling,

This in of itself is problematic. 

How so? The Japanese don’t just profile foreigners, they profile other Japanese as well, in fact, Fukuoka is notorious for the cops to pull young kids over, can’t tell you how many times I was caught in traffic because of these young thugs. In the end, this is Japan, they run the country and the laws the way they want and if you don’t like it, you can always leave. I am not Japanese, the cops usually don’t mess with me. Maybe I look too scary to them, not sure. But conduct and attitude go a long way in this country. I have a good friend who’s also an American and he’s getting harassed all the time and it’s because he’s confrontational and is unwilling to let the cops say anything to him. You want to buck the system, it’ll buck you back.

but the government and the police deny they discriminate and say they are just doing their jobs.

BS. They DO discriminate. BTW, discriminating and doing their jobs are not mutually exclusive. 

Again, been living here for many years. I personally don’t like to be harassed by any cop anywhere even back in the states, so to minimize encounter just follow the rules. Don’t get loud, belligerent, pushy, competitive, play the long game, confronting a cop and being defiant won’t get you anywhere, let the cop do his/her job and file a complaint later and see where it takes you. Pride won’t get you anywhere in Japan and won’t win you any battles, short-term especially.

They have yet to outline the specifics of their arguments, expected in the next session of court in July.

To be honest, I'm really curious about their arguments. 

Generally speaking, you are right.. UNLESS this lawsuit reaches the international media. The Japanese HATE negative publicity, so I can see something come out of it IF there is an international spotlight on this issue.

At the same time it can have the opposite effect and the Japanese can double down on their positions and you will achieve nothing. Not sure why so many foreigners want to change Japan? Some daycares in Fukuoka are now learning and some struggling as to how to serve Halal food to some Islamic students. I think this is nuts! It shouldn’t the job of any Japanese daycare or school responsibility to make and serve religious dietary meals for a tiny minority percentage. Then these parents should make bentos for their kids, then no problem. Again, we are all minorities here, if we don’t like the system, we have the choice to leave. I would understand if the police beat him senseless then I get it. If the guy acted like Johnny Somali and got hauled over the coals, I understand, but this is not what happened.

-20 ( +4 / -24 )

bass4funk

Again, we are all minorities here, if we don’t like the system, we have the choice to leave. I would understand if the police beat him senseless then I get it. If the guy acted like Johnny Somali and got hauled over the coals, I understand, but this is not what happened.

Because we are foreigners we need to accept everything that happens and if we don't like it we can just leave. You are no supporter of Debitio. I think we can try to improve the situations that are negative to us like voting in local elections. Or dual nationality affects your kids.

11 ( +17 / -6 )

For those thinking that this is overblown should think again.

Even in my limited world, I personally know of foreigners in the following situations.

1.taken to the koban after stepping out of the sea after a swim and asked to present ID.

(The ID was in pants left on the sand but ignored)

2.almost arrested after calling the police to a domestic dispute.

3.foreigners asked to show passports after a traffic stop.

4.business owner surveilled after Japanese had committed arson outside their business premises.

(The owner had been requested to limit opening times)

How many of these interactions and demands are made to Japanese people?

Foreigners always need to carry ID a dshow it in demand which Japanese never have to do.

It is a criminal offense not to.

How many of us are wary around J cops?

I know I am…

-16 ( +10 / -26 )

@wallace

You appear confused.

Foreigners cannot vote in local elections

-3 ( +6 / -9 )

The police overstep because most grudgingly accept it, including Japanese persons. Somebody had to make a stand and I'm grateful to these guys that they put in time and effort and go the legal correct way. Somebody had to do it.

9 ( +14 / -5 )

I have been living in Japan for a while,I am a Westerner caucasian man and I have been stopped and questioned without any logical reason by the police here about 4 times.

In  my country of origin which is the third advanced economy I feel secure when I see the police but here in Japan when I see the cops I try to turn the other way as I am traumatized by their abuse of power.

And such cases happened to other of my friends as well.

Japan need to educate it’s police in being civilized and just and not to question and harass people just because of visible minors.

I truly hope this action will change something.

-1 ( +13 / -14 )

I'd say this case will be hard to win notwithstanding it's merits and the evidence plaintiffs will present.

Difficult to win because of the Japanese judiciary, who are clearly attached to the Police in a systematic way.

I'm reminded how Local Courts in Australia were once called "Police Courts " and having spent many years working in these and other jurisdictions, it''s the Police whose evidence weighs more.

Before mandatory recording, Magistrates would say "but why would the Police lie "

LOL

11 ( +13 / -2 )

RedemptionToday  08:28 am JST

Best of luck. Saw some evidence of police training materials on the news and it is shocking. Something like "You can arrest foreigners just for not having a passport!"

Well if a foreigner doesn't have a passort then they are in the country illegally and undocumented so yea, they would get arrested and deported as they would in any country.

But if we are talking about not having(carrying) a passport on them, all visitors (tourists/Visa waivers) are suppose to have their passports on them. In fact you can't even book a room in a hotel in some cases without it. But for long term Visa holders, having your Zairyu card on you is sufficient.

Articles like this don't bother me. I grew up in New Jersey where "Driving while Black" was sufficient reason to get stopped and pulled over. And we're talking State Police on the Turnpike, not some small backwoods town in the South.

https://www.aclu.org/press-releases/aclu-nj-wins-775000-victims-racial-profiling-state-troopers

2 ( +10 / -8 )

As WoodyLee already said, love it or leave it. If you're a foreigner and personally have issues with the police you're in the vast minority nationwide. Go somewhere else where you have it just the way you like.

-10 ( +11 / -21 )

Japan does not have any anti-discrimination law, nor any laws or guidelines aimed at preventing racial profiling,

How can Japan call itself a democracy then ?

Wake up Japan and join the international community

-13 ( +6 / -19 )

Interesting thing is, most of the foreigners i know are cautious when dealing with another foreiger

They usually don't trust them, which is also a blatant practice of racial profiling

-9 ( +5 / -14 )

@ Mr. Goodman

What do anti-discrimination laws have to do with democracy? Democracy is simply 'control of an organization or group by the majority of its members.'

2 ( +9 / -7 )

Have never been stopped and searched, my years in Japan.

Now, UK has become a hot bed of alleged police racial profiling where stop and search is concerned.

Trouble could be found, if one actually questions what lurks inside that uniform

Always, if in doubt, pull out your smart phone a record your experience.

Never articulate, either yes or no, or polite silence, nod

Ask police, his or her name, reference, badge number for the record, also insist their body cam is functioning.

-4 ( +4 / -8 )

The problem is that they think Japanese courts and lawyers are less racist than Japanese police... LOL

only mass media communication will make an impact, CONTINUE!!!

-4 ( +8 / -12 )

He and his two fellow-plaintiffs are suing the national government and police, as well as the prefectural police of Tokyo and Aichi prefectures.

If the Tokyo and aichi police are doing deliberate racial profiling there would have been far more plaintiffs or foreigners who have been profiled. Unless there're only 3 foreigners in those areas.

Well , maybe there would be more who will consult the lawyer after this , let's see

-6 ( +2 / -8 )

kurisupisu

@wallace

> You appear confused.

> Foreigners cannot vote in local elections

I never said they could. I said we can campaign for changes like voting in local elections. b4f said we must accept everything since it's not our country.

9 ( +12 / -3 )

OssanAmerica

RedemptionToday 08:28 am JST

> Best of luck. Saw some evidence of police training materials on the news and it is shocking. Something like "You can arrest foreigners just for not having a passport!"

> Well if a foreigner doesn't have a passort then they are in the country illegally and undocumented so yea, they would get arrested and deported as they would in any country.

My passport had expired and I did not replace it for several years. I asked the immigration office who said one was not needed so long as I had my then Alien Card.

7 ( +10 / -3 )

I was regularly stopped by the police in my birth country, but I have only been stopped here once and that was 49 years ago.

1 ( +8 / -7 )

I have only ever had positive experiences with the police in Japan. I have been here for 17 years and been stopped three times. Once to check my bicycle which was no problem. Another time I got breath tested, which I was happy to do. Finally for a minor traffic infringement which was my fault. All the police offiecrs were friendly and respectful.

1 ( +9 / -8 )

Zain said he has been treated like a criminal, despite having lived in Japan for two decades, having attended Japanese schools as a child, and being fluent in the language. He wants to be recognized as a Japanese person and to help make Japan a better place, he said.

He will never be Japanese simply because his name is Zain. You don't get to be Japanese just because you were born in Japan and speak Japanese. If you're black and were born in a country that is predominantly white, that doesn't make you white, does it? Japanese to the Japanese means you have Japanese and or Korean blood lines.

-9 ( +4 / -13 )

Because we are foreigners we need to accept everything that happens and if we don't like it we can just leave.

Not everyone who is a foreigner in Japan has a defeatist apathetic attitude like you,

-6 ( +11 / -17 )

zibala

Because we are foreigners we need to accept everything that happens and if we don't like it we can just leave.

> Not everyone who is a foreigner in Japan has a defeatist apathetic attitude like you,

It was b4f and USNinJapan2 who said that. I don't have a defeatist apathetic attitude and I posted we can campaign for changes like voting in local elections. Go and pick on another bone.

11 ( +13 / -2 )

@wallace

Your previous posts:

I never said they could.

But you did say foreigners could vote

we can try to improve the situations that are negative to us like voting in local elections.

You could back and read your ‘own’ post(s)?

-8 ( +1 / -9 )

Good luck.

6 ( +6 / -0 )

kurisupisuToday 12:09 pm JST

@wallace

> Your previous posts:

> I never said they could.

> But you did say foreigners could vote

> we can try to improve the situations that are negative to us like voting in local elections.

> You could back and read your ‘own’ post(s)?

You misunderstood my comment. We can campaign for changes in the negative aspects of foreigners like not being able to vote.

 I think we can try to improve the situations that are negative to us like voting in local elections. Or dual nationality affects your kids.

7 ( +8 / -1 )

The experiences of non-Japanese residents of Japan regarding this matter differ vastly by region and individual physical appearance. Theirs is a very important case. Hopefully they will win.

7 ( +10 / -3 )

Japan does not have any anti-discrimination law, nor any laws or guidelines aimed at preventing racial profiling,

This in of itself is problematic. 

How so? 

Because it means that discrimination isn't illegal.

1 ( +8 / -7 )

but the government and the police deny they discriminate and say they are just doing their jobs.

BS. They DO discriminate. BTW, discriminating and doing their jobs are not mutually exclusive. 

Again, been living here for many years. I personally don’t like to be harassed by any cop anywhere even back in the states, so to minimize encounter just follow the rules. Don’t get loud, belligerent, pushy, competitive, play the long game, confronting a cop and being defiant won’t get you anywhere, let the cop do his/her job and file a complaint later and see where it takes you. Pride won’t get you anywhere in Japan and won’t win you any battles, short-term especially.

Nothing you said above disproves the fact that they do discriminate

-8 ( +7 / -15 )

Generally speaking, you are right.. UNLESS this lawsuit reaches the international media. The Japanese HATE negative publicity, so I can see something come out of it IF there is an international spotlight on this issue.

At the same time it can have the opposite effect and the Japanese can double down on their positions and you will achieve nothing.

I very seriously doubt that.

Not sure why so many foreigners want to change Japan?

I can't speak for everyone else but I'm not trying to change anything. I am applauding people who are taking their grievances to court AND are challenging police practice within the confines of the law.

-4 ( +9 / -13 )

Again, we are all minorities here, if we don’t like the system, we have the choice to leave. I would understand if the police beat him senseless then I get it. If the guy acted like Johnny Somali and got hauled over the coals, I understand, but this is not what happened.

Because we are foreigners we need to accept everything that happens and if we don't like it we can just leave. You are no supporter of Debitio. I think we can try to improve the situations that are negative to us like voting in local elections. Or dual nationality affects your kids.

Exactly.

-6 ( +9 / -15 )

You can actually see their full list of gripes here:

https://www.call4.jp/file/pdf/202402/ad1dbcd370a7ece6927e1e5aa9c014ee.pdf

6 ( +8 / -2 )

I have traveled in many areas in Japan, stopped for checking id only once, at airport.

Not saying not happening but 100% sure the location and behaviour has something to do.

Don't show your difference by going to court for a harmless check, that is 100% not Japanese.way. All my Japanese family find that call for justice a total waste.

-8 ( +8 / -16 )

I guess the sensitivity has to go both ways. Police should try to understand that diversity does not equate with crime. But, as a non-cop, I need to understand that the police are doing a difficult, often thankless job that I would never want to do: enforce the law. For this reason I try not to take it personally if I am profiled. I try to show them that I am one of the good guys.

1 ( +6 / -5 )

The police also do the same to Japanese as some posters above say.

Is this true?

-4 ( +4 / -8 )

It is past time that the police that the police pay a price for racial profiling.

0 ( +5 / -5 )

Ally Rustom wrote

can't speak for everyone else but I'm not trying to change anything. I am applauding people who are taking their grievances to court AND are challenging police practice within the confines of the law.

I genuinely agree with you Ally.

These posts are not about bashing Japan or make it feel bad.

It is about improve it and make it a better place to live.

0 ( +8 / -8 )

I haven't been checked by police in a few years now. I think it stopped around the time the American embassy issued a warning about racial profiling in Japan*.

There was a period where I was stopped and asked to dump the contents of my backpack into their bike basket every week outside my apartment though. Pretty annoying. Hope they caught the real criminal though. :D

*https://x.com/ACSTokyo/status/1467629914857816065

8 ( +8 / -0 )

IF the police are investigating a specific crime, and the person being stopped fits the description of the suspect, then by all means stop and question.

BUT...if there was no crime, and the stop is based on mere bias and pretext, then you are under no obligation to co-operate beyond showing (showing, NOT giving) your zairyu card. No searches, no random questions. The only thing to do is say, "sorry, I'm a little busy. Can I go now?" until you are able to escape.

And don't try to dazzle the police with your perapera nihongo.It will only cause more trouble.

2 ( +6 / -4 )

wallaceToday  11:22 am JST

OssanAmerica

RedemptionToday 08:28 am JST

Best of luck. Saw some evidence of police training materials on the news and it is shocking. Something like "You can arrest foreigners just for not having a passport!"*

Well if a foreigner doesn't have a passort then they are in the country illegally and undocumented so yea, they would get arrested and deported as they would in any country.*

My passport had expired and I did not replace it for several years. I asked the immigration office who said one was not needed so long as I had my then Alien Card.

You still "had" (posessed) a passport, just not valid as it was expired.

That long term foreign residents in Japan do not need to carry their passports if they are carryng their valid Zairyu card was addressed in my post.

3 ( +5 / -2 )

Only been stopped once by Tokyo plod... wasn't a particularly nice feeling.

6 ( +7 / -1 )

rcchToday  08:32 am JST

PaulToday  06:58 am JST “ Interrogating every foreigner of color they see is doing their job, I see! Is that what my taxes are paying for?! “

Unfortunate, but understandable and not something out of this world (btwyour comment is extremely exaggerated). Japan is (still) safe (one of the safest countries in the world ) and I’d like it to stay that wayAt the end of the daythe J police is just trying to keep this country safe.

Just because they are doing an important job does not excuse them for being racist.

Their job is to protect all people, not just those who look Japanese.

1 ( +8 / -7 )

Exactly, just because you didn't experience it, doesn't change the fact that it happens, and very often for some than others. Also those who keep saying "foreigners, foreigners", some of those defendants are Japanese citizens.

I've been stopped twice, in the SAME MONTH, by the SAME officer. In a small town, barely any other foreigners of color around. I walk past that twice koban EVERY DAY for a few years going to the school I teach at. The second time was infuriating. He said "hey, you're the guy I stopped before, recently right?" It was literally like two weeks before. And then he proceeded to continue with the whole ordeal. I'm certain he decided to continue because he was with another younger officer and thought it was a good training exercise.

BTW, one of my good friends in Japan has the name "Ian". I'm glad to know you're respecting his name and fighting for justice!

4 ( +7 / -3 )

Is the Japanese mainstream media picking up on this? Or is our little foreign group that is getting any of this information?

7 ( +9 / -2 )

No.TheJapanese media wouldn’t bother with this at all-not newsworthy enough for most Japanese

-3 ( +5 / -8 )

Been here for over 2 decades. Not a fan of cops generally but like every country they have been instructed to look for certain people based on cases. Is that profiling? Yes criminal profiling and if you fit the profile, they gonna ask you questions. Just give them what they want and they will move on. It’s a ID check like in all other countries however if you wanna play hardball. Just know that you’ve just ruined your day. I hope the case gets thrown out. On the flip side are these few just trying to get some free money, get some publicity and hopefully get a Netflix show out of it

3 ( +7 / -4 )

Was stopped once in 25 years, due to some. groping around.

Get old with grey hairs, a suit and all problems will disappear

-4 ( +3 / -7 )

Truth be told, Japanese are known historically throughout Asia as most homogeneous society which is the pride of Japan while overall ways of life and technology are all but copied from others mainly Europe and USA. Baseball? Cars? Computers/high tech? Fashions? Music? Migrant is allowed for mainly one purpose, to fill their aging population. Time to spread love and practice true Zen, love, peace, and contentment.

-5 ( +2 / -7 )

OssanAmerica

Articles like this don't bother me. I grew up in New Jersey where "Driving while Black" was sufficient reason to get stopped and pulled over.

As such, I would think it would bother you more. (Assuming you were stopped for being Black, or why else bring it up.)

0 ( +4 / -4 )

Does the Japanese Constitution prohibit the police from unlawful search and seizures unless there is probable cause?

2 ( +3 / -1 )

The experiences of non-Japanese residents of Japan regarding this matter differ vastly by region and individual physical appearance. Theirs is a very important case. Hopefully they will win.

Its going back a bit and I’m not his biggest fan, but Debito of the Hokkaido onsen case said that the onsen manager told him one of his kids could go in because s/he "looked Japanese" but the other one couldn't in because that child didn't look Japanese. If this got Debito's back up even more and helped inspire him to do the campaign and ultimately make trouble for the manager, then good on him. We do not need nonsense like that.

6 ( +7 / -1 )

My spouse, who isn't Japanese or Asian but speaks fluent Japanese, has been stopped many times by the police. Each time said spouse asks why they are being stopped and the police response is "terrorism". Each time said spouse responds, the only acts of terrorism commited in Japan have been by Japanese. That usually ends the stop.

Is it the end of the world to be stopped by the police for no good reason? No. Is it annoying, embarrasing (when neighbors passing by see you being stopped), time consuming, frustrating, diminishing, unwelcoming and pointless? Yes.

2 ( +5 / -3 )

@Aly RustomApr. 16 12:29 pm JST

Because it means that discrimination isn't illegal.

That's not true to the point of being defamatory. A more accurate description would be that present, the Japanese judiciary applies the existing law in such a way to inflict civil liability against discrimination.

What you want is to add administrative and/or criminal liability to the situation, which is effectively placing the minority in a position of superiority and places the State in the role of coercing people who might have legitimate or at least sincere reasons to not contract to enter a contract.

You will need a strong justification for that - that is to say a strong problem that cannot be solved any other way. For example, if no one is willing to enter a lease with a foreigner. But while they can still get their flat after awhile, the necessity is low.

-5 ( +1 / -6 )

You cannot blame the police officers for this because most of the terroristic acts and crimes are perpetrated by the people from that religion or area of the world. Case in point - October 7th 2023.

-4 ( +5 / -9 )

Temyong

You cannot blame the police officers for this because most of the terroristic acts and crimes are perpetrated by the people from that religion or area of the world. Case in point - October 7th 2023.

All terrorist attacks since way back in the 1960s have been domestic ones. In other words Japanese. None have been by Muslims who live peacefully in the country.

4 ( +8 / -4 )

TemyongToday  12:39 pm JST

You cannot blame the police officers for this because most of the terroristic acts and crimes are perpetrated by the people from that religion or area of the world. Case in point - October 7th 2023.

That just went right over your head, didn’t it? What act of terrorism has a foreigner ever committed in Japan? And, what religion or area of the world are you taking about? I never mentioned either in regard to my spouse.

0 ( +2 / -2 )

Someone actually wrote something along the lines that courts where he comes from give more weight to the police's point of view. Well damn, and water is wet!

Of course weight is given to the police's point of view in Japan and that other country and other democracies. They're the ones that have the incredibly difficult role of law enforcement especially in multi-cultural societies, their lives are at risk regularly and the vitriol directed against them by politically motivated groups means many in the US have retired early. But of course when police haters get into trouble they scream for.....the police.

Japanese police have far less risk but there are those that have died in the line of duty. Profiling in order to police society and prevent crimes is never easy including for J police and those they do it too but it is a valid strategy of law enforcement.

It can be over-used or misused and these foreign plaintiffs seem to have been targeted unfairly. But when you get into this kind of legal action in Japan, you honestly can't expect to win as the J police are following a lawful strategy whether it's seen as fair or not and they are doing it to Japanese people as well. I doubt the plaintiffs will win because this action is challenging the legitimacy of the Japanese police to do their job without hindrance, like that or not.

-1 ( +3 / -4 )

Because it means that discrimination isn't illegal.

That's not true to the point of being defamatory.

Doesn't matter. Discrimination isn't illegal in Japan.

3 ( +3 / -0 )

If it is not why can anyone win cases and get money from the other exercising his right to not contract?

-1 ( +0 / -1 )

If the other party has broken the law then the plaintiff can win the case regardless of whether or not discrimination is legal.

0 ( +0 / -0 )

So. In the well known cases what other laws has the proprietor broken?

0 ( +0 / -0 )

That will be up to the judicial system to decide.

0 ( +0 / -0 )

The point is that they had no other violations, but the court decided they were liable for discrimination anyway. Thus, your statement is not true. I can acknowledge there's no legislative act specifically for discrimination, but it nevertheless is not legal - thus a legislative act is only useful to increase liability, which apparently the Diet considers un-necessary when taking into account the disadvantages of such an act.

You have to remember that anti-discrimination ordinances means State Coercion to Force Contracts on the Unwilling.

-1 ( +0 / -1 )

You won't know that until the hearing. And yes it is legal to discriminate from the article.

Japan does not have any anti-discrimination law, nor any laws or guidelines aimed at preventing racial profiling,

0 ( +0 / -0 )

If that's the case, then this lawsuit is lost before it started. Only if discrimination is indeed illegal in Japan would they even have a chance.

0 ( +0 / -0 )

Again you are making so many assumptions. We don't know what the outcome will be. It is also interesting that one plaintiff is American and the other is Japanese, so the outcome there could be different for both plaintiffs

0 ( +0 / -0 )

It is also interesting that one plaintiff is American and the other is Japanese, so the outcome there could be different for both plaintiffs

Yes. The law generally allows you to treat Foreigners (non-citizens) differently. The American is on an upslope and the Japanese who Looks Foreign is on a downslope since he's supposed to be treated the same.

One defense the State can try is that due to the low number of naturalizations, going by appearance is a 95%+ reliable method of identifying the Foreigners in the mix.

Procedures are never perfect - there will always be some false positives. A street questioning is low invasive. The question for the law is whether a 95%+ reliable, low-invasive method should be abandoned because of the occasional unfortunate.

Don't complain - I'm just pointing out what defenses can be tried. Think of how you might counter this as the plaintiff.

1 ( +1 / -0 )

By and large, I agree with your last post.

I just would like to clarify one thing- I'm not complaining.

I just want to applaud these 2 men for bringing this issue to the forefront. Even if nothing materializes for the plaintiffs from this lawsuit, it has at least brought the issue to the public and hopefully allow discourse on the subject to begin.

I think we can agree that is a positive thing.

0 ( +0 / -0 )

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