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As terror fears cause crackdown, foreign residents should
know their legal rights
By DEBITO ARUDOU
You might have noticed the dragnet in Japan these days.
Law enforcement's crackdown on foreigners (bolstered by
official declarations on the subject, including yesterday's
speeches
by Emperor Akihito on rising crime
and international terrorism and Prime Minister Junichiro Koizumi on the growing
threat of foreign crime) has resulted in a lot more people being stopped on the
street for identity checks.
A Police officer stands guard at Shinbashi station in Tokyo
in March. More police have been deployed in train stations
and transport hubs as fears of a terrorist
attack increase. After all, the current logic runs, who knows how many foreigners
have overstayed their visas? Best to check anyone foreign-looking just to make
sure.
However, "Quis Custodiet Ipsos Custodes?" asks the responsible society,
and Japan is no exception. What's to stop the authorities from going too far?
Japanese laws, of course. And readers who are Japan residents should be aware
of them.
What should you do if somebody asks for your ID?
Your "ID" is essentially your "Gaijin Card," since that is
the only form of identification all foreign residents by law must carry.
When asked, say that only the police can demand it. Anyone
else, such as a hotelier, a video store clerk, a JR staff
member, etc., cannot.
Check this out: Alien Registration Law: ("Gaikokujin Touroku Hou")
Article 13; Clause 2: "The alien shall present his registration certificate
to the Immigration Inspector, Immigration Control Officer (meaning the Immigration
Control Officer provided for in the Immigration Control Act), Police Official,
Maritime Safety Official or any other official of the state or local public entity
prescribed by the Ministry of Justice Ordinance, if such official requests the
presentation of the registration certificate in the performance of his duties."
This means only those officials certified by the Ministry
of Justice can demand it.
Still, some companies refuse foreigners service unless
they display their passport or Gaijin Card. Why? In many
cases, such as Shinjuku
sports
clubs, the police
are asking them to help find overstayers.
Deputizing the business community is authority overstepped,
and at variance with the law. So show them the above law,
and ask to
be
allowed to display
the same
ID as any other Japanese customer.
What if the police ask for your ID?
Ask for a reason why.
Under Police Execution of Duties Act ("Keisatsukan Shokumu Shikkou Hou");
Section 2 (my translation), Clause Two: "A police officer
is able to ask for a person's ID, but only if based on a reasonable
judgment of a situation,
where the policeman sees some strange conduct and some crime
is being committed, or else he has enough reason to suspect that
a person will commit or has committed
a crime, or else when it has been officially determined that
a particular person knows a crime will be committed.
In these cases, a police officer may stop a person for
questioning."
You cannot just arbitrarily come up to a person and ask
him who he is. There must be a "specific crime" or "suspicion of a crime" involved.
The act of being a foreigner in itself is insufficient
probable cause, and you should calmly let a cop know that.
However, if a cop knows his laws (and chances are he will),
he might assert (incorrectly) that the Police Execution of
Duties
Act does
not apply to
foreigners. The Alien
Registration Law (Clause 2 above) trumps it.
Or he might just come up with a reason, such as "crime prevention," for
stopping you on your bicycle. What then?
Well, sorry, you will have to show your ID.
But still there is a check. You can also ask the cop to
show his ID back. How?
The Alien Registration Law; Section 13, Clause 3: "In case
the official mentioned in the preceding paragraph requests the
presentation of the registration
certificate in a place other than his office, he shall carry
with him the identification card showing his official status
and present it upon request."
So make the request. Once presented, I recommend you, again
calmly, write down the cop's details. He will do the same
for you, of
course, but holding
a cop
personally accountable might give him a little incentive
to treat you responsibly.
Note the loophole. The cop only has to show I.D. if he
stops you on the street, or anywhere other than the police
box.
So to avoid
showing
you
his ID . .
.
A cop may try to take you to a police box.
They cannot do so against your will, unless they formally
arrest ("taihosuru")
you.
Under the Police Execution of Duties Law; Article 2 (my
translation), Clause Two: "It is possible to ask a particular person to
accompany the police to a nearby police station, (police box),
or any police administration area for
questioning if it is determined that this place is unsuitable
for questioning because it obstructs traffic or is disadvantageous
to the questionee."
And Clause Three: "Unless there is something connected with
a criminal court case, officials may not confine, bring back
to any police administration area,
or else coerce a person to reply to questions against his will."
This means that a cop has the right to ask you to accompany
him to the police box. But you have the right to refuse,
and he has
no right
to
restrict your
movements without a formal charge or arrest. This is not,
fortunately, trumped by the Alien
Registration Law.
However, please don't misunderstand. I am not advocating
that you give a cop a bad donut day just for the sport of
it. Police
in
Japan have
a lot
of discretionary
power.
For example, if they feel you are being uncooperative,
and that includes claiming your right to remain silent ("mokuhi ken" -- which automatically carries
a suspicion of guilt here), they can arrest you for "obstruction of official
duties" ("koumu shikkou bougai") and question
you for up to 23 days on a single charge. So don't do this for
fun.
Nevertheless, checks and balances have become necessary.
As seen in previous Zeit Gist columns, foreigners are being
targeted these days, often regardless of any legal grounds
or extenuating
circumstances.
Japan does in fact have laws to curb this. So know about
them. I even suggest you print them up and carry them
around with
you. I
do. As
residents, we
should let people know that we won't accept wanton
questioning without some kind of
justification or explanation.
So keep a cool head and make the authorities obey the
law. It is also there to protect us.
For a walk-though an ID check scenario, see www.debito.org/instantcheckpoints2.html.
You can download and print up the Japanese text
of the laws presented in the article from this link,
and you
may like
to stick a copy
in your wallet
or
bag for future reference or to show to a law enforcement
official.
Send your comments to: community@japantimes.co.jp
The Japan Times: July 27, 2004
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