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About
the Sayama Case
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Sayama Case: a Case of Racist Incarceration
Adapted from: “Why call
it Sayama ‘Discrimination’ Trial?” from “Ishikawa is
Innocent: The Truths of the Discriminatory Sayama Trial,” by Committee
Demanding Immediate Release of Innocent Kazuo Ishikawa, Osaka: August
15, 1974: pp.8-9.
Translation by
TRAI from the
original in Japanese
The
Burakumin fighting for Kazuo’s innocence today refer to this case as a
'Sayama Discrimination Case.' The fountain pen, the luggage, and watch
are among some evidence the prosecution submitted to the Court, but the
defense
have made it clear beyond any doubt time and again, they conflict with
the confessions the police got out of Kazuo. Despite this
fact, the presiding judge, Takefumi Uchida, slapped him with a guilty
verdict
with a death penalty sentence.
The
Prosecution repeatedly emphasized the condition of abject poverty in
which Kazuo grew up as a basis of his criminality. With a series of
unstable, short-term labor from
one place to another, his living environment was a result of extreme
discrimination against the Burakumin in Japan. To attribute such
circumstances to criminal motives, particularly when they are created
in large part by racist oppression and exploitation, is unjust indeed…
But the
Japanese, throughout history, have harbored deep prejudice against the
Burakumin who “cannot be trusted; they are capable of committing any
crime.”
Judge Uchida was no exception - for he could not have arrive at the
verdict that he did, had he not
wholly bought into the
prosecution’s arguments. His
prejudice on the bench compromised integrity of the entire adjudication
process - from the onset of the investigation through court hearings.
But it was
not just the Courts, but the media as well, which condemned Kazuo as
a rapist and murderer for his poor background and Burakumin status. The
local
Saitama prefectural newspaper alluded to the Buraku villages as
“special blocs” that are more prone to creating
criminals. Invoking deeply instilled prejudice against the Burakumin,
the media’s reporting had already concluded that Kazuo was the culprit
they sought, long before the courts even held the trial hearings.
It is for this reason
among others, that we define the Sayama case as one based on racist
motivations.
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Background
It all started 40 years ago, in a small city called Sayama, located
adjacent to Tokyo on May 1,1963. A young high school student whose
birthday it was on that date had disappeared after leaving the school
grounds; a threatening letter followed that evening, instructing the
delivery of a ransom in exchange of her safe return. But not only did
the stakeout of 40 police officers miserably fail in catching the man
that came to pick up the ransom money, the police blunder meant the
kidnapper knew that the warning that "she will have no life in the
event of a police involvement" was not heeded. Soon later, the body of
the young woman was found, and fueled a nationwide outcry of public
criticism against what seemed to be a collapsing and ineffective
institution of law enforcement.
In fact, the matter was raised during the Diet
(Parliament) session to demand full accountability of law enforcement
authorities at the highest level. The police authority found itself
being driven into such a political spotlight that it had to arrest the
culprit by any means. This is when they shifted their target to the
Buraku community located nearby, believing that "those people are more
likely to commit such heinous crimes." The larger public as well as the
media held the same assumption and supported the racist approaches to
the police investigation.
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Invisible Handcuffs
Unshackle
my “invisible hand-cuffs” now!
The appellate court decision on the Sayama case was made in 1972. Since
then, three decades have passed, but in the meantime, not a single fact
finding investigation, such as an examination of witnesses or a crime
scene investigation, has been conducted by the Tokyo High Court,
despite repeated appeals submitted by the defense team.
Kazuo & Sachiko Since his arrest at
age 24, Kazuo Ishikawa spent 31 years and 7 months in jail, to be
released on parole on December 21, 1994 during the request process for
retrial. And still today, he continues to insist on his innocence, and
demand a fair and just retrial.
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Kazuo's
Haiku corner
comrades
unite in blood
and seek the path towards liberation
from those who fought before us
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Kazuo, with his partner Sachiko, appeal “that
only justice to this case will unlock the ‘invisible hand-cuffs” –
without which, says Kazuo, he would never be able to visit his parents’
grave. Kazuo’s parents tirelessly campaigned for his freedom until
their death which came too early for Kazuo in prison. To pay the
respect owed to them, he argues, he needs to win back his unshackled
palms to fold for prayer.
The four decades-long appeal of innocence to
us all is a call to uphold the fundamental human rights of each
individual including our very own, and to demand the Court liability in
perpetrating some of the most egregious cases of systemic racism and
abuse of power of the Japanese criminal justice system. The realization
of a fair retrial of the Sayama case is a critical step in Japan’s
necessary path to create a justice system that genuinely adjudicates
justice for every one in Japan.
The UN Recommendations: The Tokyo High Court
Must Disclose the List of All Evidence
In response to the Tokyo High Public
Prosecutors Office, the defense legal team of the Sayama trial has been
demanding disclosure of all evidence used against him in Court.
However, the Prosecutor’s Office continues to refuse any disclosure of
such evidence while admitting that they do indeed exist.
In the request for a retrial, it is an
internationally accepted norm to disclose evidence deemed necessary by
the defense to make its case in order to ensure a fair trial. From the
perspective of the international human rights conventions ratified by
Japan, it is simply unacceptable to suppress evidence, much of which
was actually used to support the verdict.
In November of 1993, the United Nations
Commission on Human Rights recommended that the Japanese Government
“enable the defense to view and use all evidence possessed by police.”
Yet, a year ago, the government of Japan submitted a report to the
United Nations Secretary-General ostensibly stating that “in Japan, an
opportunity to obtain disclosure of evidence is guaranteed.”
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