Japan court awards asylum seekers damages over prolonged detention
KYODO NEWS - 7 hours ago - 20:13 | All, Japan
A Japanese district court has ordered the state to pay a total of 1.2 million yen ($8,260) in compensation to two asylum seekers, ruling that in some cases their repeated detentions by the country's immigration agency did not take account of their physical and mental conditions.
Deniz, a Kurdish man in his 40s with Turkish nationality, and Heydar Safari Diman, an Iranian national in his 50s, sought about 30 million yen in damages, after they were detained and released several times over the space of more than a decade. They filed the lawsuit with the Tokyo District Court in 2022 focusing on their treatment from 2016.
The ruling handed down on Tuesday said that on some occasions, they were detained despite deteriorating health conditions, such as a diagnosis of depression.
"We cannot say the necessity of detention overrode their physical and mental disadvantages," the court said, ruling that some of their detentions violated the International Covenants on Human Rights and amounted to unjust physical restraint prohibited by Japan's immigration law.
The plaintiffs also questioned the immigration law itself, which allows detention without going through a review process such as trials, saying that it infringes the human rights covenants.
But the court dismissed their claim on the grounds that their rights to a trial are guaranteed through a lawsuit seeking release.
Masako Suzuki, a lawyer representing the plaintiffs, underscored the significance of the ruling, telling a press conference that it "clearly acknowledges that there was a violation of the International Covenants on Human Rights in the detention."
The Immigration Services Agency has said it will respond "appropriately" after reviewing details of the ruling, since some of its claims were not upheld.
According to the complaint, Deniz, who declined to give his surname for fear of retaliation against his family in Turkey, and Safari Diman had both overstayed their visas and were subsequently repeatedly detained by the Immigration Services Agency.
From 2016 to 2020, they were detained several times for a total of more than three and a half years each, the complaint said. They have been on provisional releases since the spring of 2020, according to their supporters.
Seeking help from the international community, the two had notified a U.N. expert panel on arbitrary detention of their cases, leading the panel to release an opinion in 2020 that found their deprivation of liberty was "arbitrary" and contravened human rights covenants.
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