A court order requiring Japan The government has faced increased attention regarding its detention system after agreeing to pay compensation to the family of a Peruvian individual who suffered a fractured arm while held at an immigration center, according to human rights specialists who argue that immediate changes are necessary.
On June 25, the Osaka High Court mandated that the government compensate the family of Vladimir Burgos Fujii, a Peruvian individual with Japanese heritage, with 880,000 yen (approximately US$5,400), following injuries he sustained during restraint at an Osaka facility in 2017.
Fujii passed away from pancreatic cancer when he was 49 years old in 2023. Family members were present at later court sessions.
Commentators believe that the strict handling of prisoners like Fujii demonstrates views deeply rooted in Japan's correctional facilities, where for many years the focus has centered on penalizing offenders instead of helping them reform.
"Immigration detention centers are managed by the Ministry of Justice, yet the staff working at these facilities are not experts. They lack training in handling foreign nationals and do not possess the required language abilities," stated Shinichi Ishizuka, the head of the Tokyo-based Criminal Justice Future research group and a former criminal attorney.
Many of them show bias towards individuals – especially outsiders and those from less developed nations.
In certain aspects, the circumstances within immigration facilities were more severe than those found in the country's correctional institutions, according to Ishizuka.
Previously, Japanese correctional facilities were harsh environments. However, following the exposure of issues at Nagoya Prison in 2002, updated rules and training programs were introduced, leading to noticeable improvements.
In that notorious incident, six staff members at the facility were looked into regarding their involvement in numerous instances of inmate mistreatment spanning two years. Two prisoners lost their lives—among them, one who had a fire hose pipe forced inside his body.
The controversy led the Japanese authorities to implement extensive modifications within the prison system, such as adjustments to training programs and mandating that correctional staff employ the respectful suffix "-san" when referring to inmates by their names.
As per Ishizuka, these modifications have not extended to the immigration detention framework, which is managed by the Immigration Services Agency within the Ministry of Justice.
Worries regarding the handling of non-citizen prisoners have increased following the decision made by the Osaka High Court.
The courtroom was informed that Fujii was held in a detention room at the Osaka Immigration Bureau following the expiration of his residency visa.
According to reports, Fujii showed displeasure with the food provided by tossing bread toward immigration officials. Later, he was placed in handshackles behind his back for 14 hours following claims of him turning aggressive.
A medical examination at the hospital showed he had broken his left arm.
The court determined that immigration authorities breached a regulation restricting the use of handcuffs to a maximum of eight hours, and that an immigration official caused harm to Fujii's arm using excessive force.
Teppei Kasai, a senior programs officer at Human Rights Watch based in Tokyo, stated that the application of restraints seemed to breach the Nelson Mandela Rules, "an internationally recognized standard outlining proper treatment for individuals held in custody."
A provision within the United Nations-established regulations specifies, "Restraint measures must be applied solely during the necessary duration, and should be lifted promptly once the dangers associated with uncontrolled mobility have ceased."
Numerous cases of physical mistreatment or disregard for the well-being of foreigners held in custody have been reported in Japan over the past few years, according to human rights organizations.
A Brazilian citizen named Andre Kussunoki informed the Tokyo District Court at the beginning of 2022 that he was forcefully restrained and harmed by immigration officials. The court supported Kussunoki's claim and directed the government to provide 100,000 yen as compensation.
A man from Nepal, who sustained injuries while held at an immigration detention center in Nagasaki Prefecture and was denied access to medical treatment for four months, filed a lawsuit against the Japanese government in June 2023. He informed the court that he currently has difficulty walking.
The sisters of Wishma Sandamali A 33-year-old Sri Lankan man who passed away at a Nagoya detention center due to lack of medical treatment continues his legal battle against the Japanese government.
In August 2020, Sandamali was detained due to exceeding her work visa period and reported experiencing poor health in January 2021. Her assertions were rejected, and she passed away on March 6, 2021.
Immigration authorities stated that Sandamali passed away due to natural reasons but admitted that employees did not take appropriate actions to address her worsening condition. The immigration department faced backlash after withholding surveillance footage and declining to assume accountability for her demise.
A legal case seeking compensation of 156 million yen is currently underway.
Ishizuka stated, 'There are numerous issues within these facilities.' Detainees are typically regarded as 'challenging individuals,' there lacks appropriate measures for handling those suffering from mental illnesses or cognitive impairments, there is insufficient female personnel to manage the women prisoners, and overall, there is a significant shortage of staff since this isn’t a setting that appeals to younger workers.'
Kazuko Ito, a legal professional and head of the Tokyo-based organization Human Rights Now, suggests that a deeper problem is involved.
The core issue is that this constitutes discrimination towards foreign nationals, a systemic problem clearly evident in immigration detention centers," she stated. "There is no restriction on how long they can be detained, and after a ruling is made regarding their case, they do not have the right to seek legal appeal.
Her organization and various human rights organizations are calling for "comprehensive changes across the whole system" to align it with global norms.
"There are many issues that require attention, yet the government focuses on control, whereas we think reforms and fair solutions should be the priority," Ito stated.
The Japan Ministry of Justice has been approached for a response.
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