12th court hearing Held in Mr. Suraj’s Trial

 The 12^th court hearing of the state compensation trial was opened on October 23^rd (Wed) from 10 am. In the morning, a specialist MD was invited to testify about the heart disease (cystic tumor of the atrioventricular node; referred to as CTAVN below) claimed to be Mr. Suraj’s cause of death. From the afternoon, the examination of the doctor who identified Mr. Suraj’s cause of death, and later on that of the plaintiff, namely of Mr. Suraj’s wife were held.

 The focus this time was on the testimony by Dr. Ikeda who identified Mr. Suraj’s previously unknown cause of death as CTAVN in a second autopsy report two years later; that is, as a disease Mr. Suraj was supposed to have already been suffering from.

Dr. Ikeda claimed right from the beginning that CTAVN is 100% sure to be the cause of death. He said that to come to a conclusion of death by suffocation, one necessary premise would be to clearly exclude other possible causes of death; so since now another cause of death (CTAVN) can be found, it cannot be death by suffocation. However, when he was asked how he could conclude that merely having CTAVN = (equals) CTAVN as the cause of death while there are reported cases where people lived for some 90 years with CTAVN, he only said “that is because he is dead”; an answer that completely lacked convincing content even for us medical laymen.

Also, he even made rude statements such as “he had CTAVN so there is no need to consider other causes of death” or “the fact that he died then and there was a matter of his life expectancy”, thus inviting harsh criticism from the observer seats.

Based on such statements of Dr. Ikeda, further suspicion concerning Mr. Suraj’s cause of death was strengthened and shared by the observers.

Later, in her testimony, Mr. Suraj’s wife managed to deliver the most important messages she wanted to communicate to the chief judge, such as “(based on the content of the previous testimonies by the immigration officers) I feel that my husband was not handled as a human being” and “I hope that I am the last one who has to withstand such hardship”.

After the trial in a meeting, the legal team reported that they managed to get the statements they were expecting from these testimonies. Also, those who were present confirmed their determination to each other to carry on fighting with the closing argument in sight.

The next hearing will be the closing arguments on February 3^rd (Mon) 2014 from 3 pm in Court Room No. 705 (venue may be open to change).

Please invite people around you and come as observers to support us at the final hearing.

 (Photo: the legal team at the meeting)

The forced deportation of the 75 undocumented Filipinos completely ignored Suraj’s case

On Saturday July 6^th 2013, the Justice Ministry of Japan and the Immigration Bureau deported 75 undocumented Filipinos through a chartered flight. As you may know, Ghanaian citizen Abubakar Awudu Suraj, whom A.P.F.S. had supported to take special permission of residence, died as he was being deported from Japan on March 22^nd 2010. Since Suraj’s death, the Justice Ministry of Japan and the Immigration Bureau had suspended deportations. The Justice Ministry of Japan and the Immigration Bureau enforced the deportation under such circumstanceｓ, and we feel strong resentment toward it.

 

Immigration Department officials who had given prosecutors the files regarding Suraj’s case were exempted last July, and the Justice Ministry of Japan officially stated that their action　to Suraj was legal. However, the lawsuit against the Japanese government and the Immigration Department officials is still continuing. In this case, the video showing the officials’ brutal act was submitted, and we believe the whole truth will be uncovered. This case questions the way the Immigration Bureau enforces deportations. The forced deportation of the 75 undocumented Filipinos while the case still ongoing is an extremely irresponsible action done by the immigration Bureau, the Justice Ministry of Japan, and Japanese government, and that cannot be accepted.

 

Yesterday, we talked with Suraj’s widow about the forced deportation. She expressed her strong frustration as she feels that the deportation completely ignored her husband’s death. Suraj’s widow, a plaintiff in this case, has been distressed from the trial, but she is taking Suraj’s case to court with her strong wish that we should never let the same thing happen again. Resuming dangerous deportations has utterly ignored both her husband’s death and her wish.

The examination of Immigration Department officials who sent Suraj to death will be held in Tokyo district court room 706 from 10:00am to 5:00pm on Friday, September 13th, 2013. Please do come join us if you consider that the forced deportation of the 75 undocumented Filipinos or resuming deportations at this point is a problem. We have to win this case to improve the condition of deportations. Our government should change it before creating another victim.

 

The 10th court hearing was held in Mr. Suraj’s trial for state compensation.

The 10^th court hearing in Mr. Suraj’s trial for state compensation was held on Jun 24 (Mon). This time, the main agenda was adjustment of the court schedule ahead. The chief judge expressed his strong will to deliver the judgment by himself, and the schedule was set so that we can conclude the trial by the end of this fiscal year. We can expect the chief judge would be fair in judgment, though no optimism is warranted on the situation.

After the court, the plaintiff’s lawyers confirmed the schedule of hearing, and mentioned the Committee for the Inquest of Prosecution, which has been a pending matter. We, APFS, have received many inquiries about the Committee for the Inquest of Prosecution, such as “ I demand the immigration department officials to face criminal charge, since what they have done was a crime. Is there any possibility for the Committee for the Inquest of Prosecution to be held, when the case is dropped?” Over 1,000 signatures have been collected for requesting forced prosecution from the Committee for the Inquest of Prosecution. The plaintiff’s lawyers said that the Committee would definitely be held on a timely basis, and the signatures would not be wasted.

Following is the court schedule ahead.

TBD implies change on the date. When the date changes, we announce the new date on this blog.

-       10 a.m. ~ 5 p.m., September 13 (Fri), Court Room no. 706

Hearing on the four immigration department officials.

Other five officials also will be present in court, and be questioned if necessary.

-       (TBD) 10 a.m. ~ 5 p.m., October 23 (Wed), Court Room no. 706

Hearing on doctors related.

-       (TBD) 3 p.m. ~, February 3 (Mon), Court Room no. 705

Closing argument.

In the next hearing, we can witness the questioning to the four immigration department officials, who have not appeared in the court despite they are defendants that leaded Mr. Suraj to his death. Please come to the court on September 13.

A volunteer’s opinion after attending the trial of Mr. Suraj’s case

 Hi, I am Miura, a volunteer of APFS.

 Mr. Suraj’s trial for state compensation that was held the other day was the 10^th trial. I would like to write my opinion since attending the 5^th trial in July.

 I had the chance to know the case of Mr. Suraj when I visited APFS for my research. The first time I attended the trial was the 5^th trial. Then, the state’s argument that they had no fault in their doing and their intention to prolong the trial bothered me.

 During the 9^th trial that was held last month, pictures of Mr. Suraj’s deportation were shown, and I believe people who attended the trial must have been shocked by the images they saw. After knowing how the deportation is conducted by the Immigration Bureau staff from the shown pictures, I cannot help but imagine there are victims other than Mr. Suraj.

 As I participate in APFS’ activities, attend the trials, and listen to the explanations on details concerning the case from the lawyers of the defense counsel at meetings, my view that what the staff of Immigration Bureau have done is a crime becomes firm and the suspicion towards the state that does not admit their fault increases.

 Still, it is fortunate that the judge is sincere with the case and I believe the trial is proceeding certainly towards the final decision that should be made by the end of this year.

 Many people’s concern regarding this case and people’s attendance to the trial will be a great power to make clear the truth of the case. Please join us and attend the trial.

Mr. Suraj's Trial for State Compensation: Next court date

The next court date has been set in Mr. Suraj's trial for state compensation.

It will be held on June 24^th (Mon) from 4 pm in Court Room No. 705.

This hearing will be mainly about confirming progress by discussing about the court appearance of the defendant officers and scheduled expert opinions. After the hearing, we will have an open meeting in a separate room with the attorney team. We are planning to explain about the pending issue of an inquest for prosecution too.

Also, the date for cross-examination of immigration officers has also been set. It is September 13^th (Fri), 10 am - 5 pm. Although it is a workday, we hope that many observers will come, since at last it is a questioning of the defendant officers.

Please help us and come as an observer on both dates!

A Volunteer’s Opinion

 Hi, I am Jisoo, a volunteer of APFS. I have started to participate in activities in APFS since end of April. Today was the second time I participated.

 I came to Japan last March to attend a university in Japan. I was studying Japanese for quite a while in Korea before I came so I did not think I would struggle much in Japan. But in contrary to my expectations, there were some unexpected problems I had to deal with once I arrived here. For example, I could not rent a room that I liked because I was not Japanese and I was not yet 20 years old. When I was looking for a job, I was not given the opportunity for an interview because I was not Japanese. Also, there were many expressions used among Japanese people that I have never studied in Korea, and I struggled and agonized over the language barrier in Japan. Some of my friends could not cope with the difficult situation in Japan and decided to return to their mother countries.

 From my experiences mentioned above, I became interested in helping people from foreign origins, like myself, live comfortably in Japan. I want to help people from foreign origins who work in Japan fit well in a new environment called “foreign country,” and bring their abilities into full play. From a vision of a good relationship not only between an employer and an employee, but also between Japan and the employee’s mother country, I wish to study policies that would build these relationships.

 Fortunately, with help from generous friends and people around me, I was able to adapt well to a life in Japan, and now, I greatly enjoy my stay in Japan. But there must be many people of foreign origins in Japan who need a hand to fit in a new environment called “Japan.”

 Before I start my studies in policies to help them, I came to believe that I should do what I can do right now. I want to learn from nearby incidents how policies actually affect those working in Japan and what kinds of problems might arise from them. I began to participate in activities in APFS as a volunteer, and last Monday, I went to the 9^th trial of Mr. Suraj’s case for state compensation. Before the court hearing, I did a research beforehand on my own and I was able to understand the system of Special Permission to Stay in Japan.

 What I am doing right now does not directly help people of foreign origins in the state’s level, neither does it help them in a legal level as what lawyers do but I am doing as much as I can do right now from my wish from the bottom of my heart to help them. There are many things I do not know, and the path to my dream is long and not yet concrete. Still, I want to accumulate experiences little by little, and in the future, I hope those experiences will be the backbone of my studies in policies that will actually help people of foreign origins working in Japan.

The 9th court hearing was held in Mr. Suraj’s trial for state compensation.

The 9^th court hearing in Mr. Suraj’s trial for state compensation was held on May 13^th (Mon) from 3:30 pm at the Court Room No. 706 of the Tokyo Regional Court. Observer seats were full, with people not being able to sit down waiting outside.

On this date, the plaintiff side (the Mr. Suraj Attorney Team) made their claims. This time, it was a court room where we could watch and listen to video, so the attorney team used Power Point to expand their claims with regard to the circumstances of Mr. Suraj’s deportation and the illegality of the immigration officers’ actions, and to explain about in a simple manner about the cause of Mr. Surja’s death. Later, a video recording of Mr. Suraj’s deportation was played as a basis for evidence behind these claims.

The content of the video recording was just 5 minutes showing how the immigration officers took Mr. Suraj from the wagon parking near the plane to inside. However, even though Mr. Suraj was not agitated and speaking calmly in Japanese, the immigration officers swiftly cuffed his feet as if they were planning for it and carried him on board by several of them holding him. It was quite different from the claims of the immigration officers that they took these actions because he went berserk.

It was only few minutes of video recording, but the observers were watching how Mr. Suraj was deported withholding their breaths. To see the real circumstances of Mr. Suraj’s deportation on video must have come as a shock to observers, even if they have heard about it. For instance, Mr. Suraj’s cousin was also among the observers, but he had to leave because he could not stand seeing the last minutes of Mr. Suraj.

After showing the video, the presiding judge said that if we would like to have judgment this fiscal year, plans for immediate questioning and confirmation of facts should be made quickly. The defendant side, that is the state, mentioned that they would like to have 3 months for gathering medical opinions, but the chief judge made it clear that ‘we cannot wait’.

After the hearing, we took time in a separate room for Q&A concerning the content of the present claims. Many observers stayed and presented questions. There were some instances which provided opinions that may prove useful for future proceedings (the photograph shows the Q&A meeting).

The next court date is still pending, but as soon as it is set, we will upload it to this blog or the APFS website. The attendance of observers provides great power. Please come to court as an observer!