What ARE your legal rights in Japan as a foreigner?

[Emoni]

This question comes up indirectly in many ways on this forum. Do you have the right to be stopped and asked for your gaijin card or bicycle registration if you are not told you are suspected of a crime? Do you get a "phone call?" If you are arrested, what are your rights... do you even have any?

I think this is a question that almost everyone going to Japan and has heard a few horror stories wonders about. I know I have heard various broken statements on one's rights in Japan, but never quite knowing if they are accurate.

I especially started to wonder after reading these two threads.

Gaijin Card - DON'T Leave Home Without IT!

Back in the late 70’s video rental stores started popping up in Japan and they were promoting a new service where they would copy a full length commercial movie onto a video cassette for the measly price of about 500yen per movie if you provided the cassette or 1,000yen if they provided it...

jref.com

One of my friends told me about this...

From keishicho.com: "Japanese police arrest whoever they like and whenever they like for whatever reason they want. Japanese Police: * Can punish any citizen with 20-23 days incarceration - no questions asked. * Search people and private property at will without warrants. They do it...

jref.com

So, here is my question, and I expect only a few would know the answers: What are one's legal rights in Japan in common situations such as those above. If you are arrested, or worse. Are there any sites that deal with such topics specifically listing need-to-know rights for foreigners?

Even in the United States, I feel this is an important topic, and even more so in Japan where rights are often even more limited...

 

[Mike Cash]

The police can stop foreigners or anyone else for 職質 （職務質問). Refusing to cooperate constitutes interfering with an officer in the performance of his duties and you shouldn't be surprised if you are "asked" to accompany them to the police box or police station (任意同行). Though often construed by foreigners as being "arrested", technically this is not an arrest.

You do not have the right to a phone call. You do not have the right to a lawyer unless and until you have been charged with a crime. This will be after the police have compiled a 調書 on your situation. That particular document is for all practical purposes a confession (hence the astronomical conviction rate). Pre-trial release is almost entirely at the whim of the prosecutor, who typically will not agree to a pre-trial release without a confession (hence the astronomical conviction rate). You do have the right to remain silent.

For an excellent Japanese book which explains the whole process in detail for the layman, I highly recommend 逮捕られたどうなる？. I recommend it, but to the best of my knowledge no one has ever displayed the genuine interest necessary to tackle reading it.

As a foreigner, you do have the right to have your embassy/consulate notified of your detention (arrested or just being questioned) and it is in your best interest to have them notified. Otherwise you will have no one even remotely on your side during the majority of the process. You do not have the right to a phone call, and the police are under no obligation to notify anyone that they are detaining you (arrested or not) and are similarly under no obligation to even acknowledge that they are holding you should someone contact them and ask if they have you or not.

 

[Emoni]

Thank you Mike, that was extremely educational.

My Japanese low so my ability to read a book such as that is probably very low, especially due to the legal speak that I would assume exists in it. Still, I'm going to keep that title in mind during my next trip to the book store in Japan.

I'm curious how you came to learn about this? And still if there are any sites that exist in English (even Japanese is fine) for describing more detail of the situations you mentioned.

It seems that even if what I heard about having the right to deny showing your gaijin card, you still get hauled in for not cooperating. Therefore, if that previous information is even correct it gives a false impression by far. Not that I have any intentions of starting a protest or "rebelling" in anyway based on information, but I did feel I should know a bit about what I might run into someday if anything happened and I was caught in the middle of it.

Still, the more I learn the more I can see how faulty the system is and how easily it can be abused by the police.

In any case, while cooperating in action seems to be the best case. Cooperating and speaking still tends to be a great way to get one's self into trouble by saying anything. It still seems to be that if in a bad situation the best bet may in fact to simply shut the #$% up as fast as possible.

 

[orochi]

The 職務質問 (shokumu shitsumon) system, a police officer stopping you to ask questions, is a point of discontent. Just googling it brings up lots of pages where people are asking about the details and what they are required to in response.

A conversation could easily go like this with an officer:

Officer: Excuse me, what are you doing?
Person: Hello. What is the problem?
Officer: I'd like to know what you're doing.
Person: Am I under suspicion for anything?
Officer: No.
Person: Then I'd like to leave... (starts walking away)
Officer: Excuse me. I'm going to have to ask to see your ID.
(Oops, your kind compliance with the laws of the land has made the officer suspicious.)
Person: No. I am not under suspicion of any crime.
Officer: Then I'm going to have to take you to the station for interfering with police duties.

So yeah, be friendly with the cops. Everything is at their discretion, and any time it's you vs. a cop, the cop will win.

Mike,
The link you mentioned says the book is a follow up to Keimusho no Okite. Is that a good read as well? Should it be read first?

 

[Mike Cash]

Contrary to what the reactionary hot-headed brand of gaijins would have you believe, the best course of action if asked for your card is to fish it out of your wallet, present it, and politely cooperate with the officers. Greet officers with ご苦労様です, the standard greeting when speaking to officers any time day or night, be civil, speak Japanese to the best of your ability, and the odds are extraordinarily low that they're going to treat you any differently than they treat Japanese under the same or similar circumstances. They're minor bureaucrats, after a manner of speaking, and consequently would much rather resolve a situation with the least amount of subsequent hassle and paperwork to themselves that they can, consistent with still managing to faithfully perform their duties. They like to put in an easy, pleasant day at work and go home promptly at quitting time just as much as the next fellow.

Avoid wrongdoing and, as Caesar's wife, the appearance of wrongdoing. Hang out in bars/clubs or other such places where things can get a bit rowdy and one really has little cause to complain when the cops show up and take an interest in you. It's just plain common sense.

I've had numerous dealings with the Japanese police and have always found them to be courteous and professional. I've called either 110 or directly to local police stations many times. I've been inside several police stations on various matters. I couldn't begin to tell you the number of times I've called them out in the wee hours to come 保護 some sh*t-faced drunk Japanese person I've found passed out or otherwise in need of assistance, remaining on the scene until the cops show up, explaining what was going on, and then going on my merry way with no more from them than taking down my name and address....no request for a gaijin card.

The system does have its problems, but by and large the bulk of Japanese policemen get a totally undeserved bum rap from the gaijin community, who so far as I can tell love nothing more than to whine about how they got stopped on their bicycle "just for being a foreigner". As I've said other places, I have on many occasions sat in my truck and watched as the police did exactly the same thing to Japanese rider after Japanese rider after Japanese rider, in places and on streets (in Tokyo) where I have never seen an obvious foreigner.

Unfortunately, the average foreigner is almost totally ignorant of any aspect of the Japanese criminal justice system. Common complaints are:

folks saying they've been "arrested" when they in actuality have not

saying they've been in "prison" when they were detained during investigation and never even charged, much less convicted

complaining that they went to a police box and complained about something and the police did nothing....when they didn't file a 被害届出 to get the ball rolling

 

[Glenski]

Under normal circumstances, the police cannot stop just any foreigner under any conditions and demand I.D. They do, however, and they get away with it.

If they say, "we are told to do this because of the security of the G-8 summit going on right now", what are you going to do? Even Debito Arudou tried taking this to the police with a formal complaint, and he got shafted. Read about it on his site.

If they say, "we are stopping everyone/foreigners on bikes because of the possibility of theft in this area", what are you going to do? Some people b!tch about it online, and say they politely argued the situation with the cops, but lost out. One guy has been stopped hundreds of times (yes! really!) sometimes by the same cop!

If they say, "we have a right just because we are the police", they are wrong. If they say nothing more than this, YOU have the right to get THEIR I.D. but you do NOT have to show yours unless they give you a reason other than the above.

Now, how many people actually defy the "law" this way? Few. It's much easier to just show the alien card or driver's license and politely ask why they are doing it. Make friends, and in the conversation, bring up the fact that this may have happened to you a lot and you don't understand it. Take their picture and copy down badge numbers and names if you like. Show the pic to the next cop, whatever. If you want to crusade against human rights, you'd better know the law fairly well, have a phone number of people you can call on your at all times, and speak Japanese well.

Mike has been very helpful here, but I also think Mike speaks very good Japanese, so heed that point above all others. And NEVER EVER EVER lose your temper with the cops, even if you are in the right!!!!

 

[pipokun]

...
One guy has been stopped hundreds of times (yes! really!) sometimes by the same cop!
...

Just curious.
Where can I see the stupid cop?

 

[Glenski]

Search Results for "Butler" | debito.org

Start a few paragraphs in with this sentence.
"Let's start with the racial profiling. Mark Butler (a pseudonym), a ten-year Caucasian resident of Japan and Tokyo University student, has been stopped by police a lot–117 times, to be exact."

 

[Mike Cash]

Take their picture and copy down badge numbers and names if you like.

Taking pictures is generally what A.A. Milne would orthographize as "A Bad Idea".

It is only recently that Japanese police even have badge numbers. They do not wear name tags, and good luck to you or anyone else who thinks a uniformed officer is going to tell you his name, especially under adversarial circumstances.

Officer NA192 on Patrol

One trick for getting a name, and it requires the ability to read kanji and doesn't always work, is to look on the handle of the cop's collapsible baton. Some of them use a label-maker and put their names on them.

 

[orochi]

Just in case it got lost in the posts above...

Mike,
The link you mentioned says the book is a follow up to Keimusho no Okite. Is that a good read as well? Should it be read first?

 

[pipokun]

Search Results for "Butler" | debito.org

Start a few paragraphs in with this sentence.
"Let's start with the racial profiling. Mark Butler (a pseudonym), a ten-year Caucasian resident of Japan and Tokyo University student, has been stopped by police a lot–117 times, to be exact."

Thank you. He lives in Tokyo and he is a cyclist.
If the 117 time stop and qestion had been when he was a pedestrian, it must be a hell, but Tokyo, esp., office districts, is not a good place to ride.

I don't count exactly, but 3 or 4 times/a year bike checks are usual for me, though I only ride my bike to supermarkets or convini on weekends now.
A bit more than me.

 

[Pachipro]

As a foreigner, you do have the right to have your embassy/consulate notified of your detention (arrested or just being questioned) and it is in your best interest to have them notified. Otherwise you will have no one even remotely on your side during the majority of the process. You do not have the right to a phone call, and the police are under no obligation to notify anyone that they are detaining you (arrested or not) and are similarly under no obligation to even acknowledge that they are holding you should someone contact them and ask if they have you or not.

Mike hit the nail on the head very succinctly and explained it very well and saved me alot of typing as I couldn't have said it any better. While I'm not proud of it, as one who has been through the system from beginning to end I can confirm that:

- a phone call is not allowed until indictment or they release you.

- the police do not inform, nor do they have to inform, any of your family that you have been arrested. Only if a relative inquires to the police as to your whereabouts do they discover what happened as happened in my case.

- bail is not granted until you have been indicted and it is at the whim of the prosecutor.

-you can be held for up 20 odd days before being released or indicted.

In my case, I did not know about contacting the embassy. It was only when my mother tried to call me and did not receive any answer for 3 days did she contact the state department who contacted the embassy as she thought I might have died or been in an accident or something. Also, my wife's family contacted the police when she did not return home as planned or answered the phone when they called. It was a double whammy for us!

I received a visit from two embassy personnel at the jail where I was being held who just wanted to confirm that I was alive for the sake of my family back home. They informed me that they could be of no help whatsover, in any way, as this was a Japanese matter and I was subject to their laws and I was completely on my own. They did say that they would let my family know, which I did not want, but they had to do it.

I've had numerous dealings with the Japanese police and have always found them to be courteous and professional. I've called either 110 or directly to local police stations many times. I've been inside several police stations on various matters.

Same here, and even after being arrested, they were courteous and professional throughout the whole ordeal. I have a high respect for the Japanese police as a result of both my ordeals.

In any case, while cooperating in action seems to be the best case. Cooperating and speaking still tends to be a great way to get one's self into trouble by saying anything. It still seems to be that if in a bad situation the best bet may in fact to simply shut the #$% up as fast as possible.

My suggestion is, if you are arrested, and ONLY if you are arrested, and they have "the goods on you" (proof) and you are guilty, cooperate to the fullest extent and be honest, but DO NOT offer any additional information as IT WILL BE HELD AGAINST YOU! Your cooperation will go a long way with the prosecutor and judges. If you are innocent, hold to your guns and do not sign anything without it first being translated by an independent person regardless of what they tell you. If you are innocent and do not sign a "confession" you will be released.

And to confirm what has also been said, if you are stopped on your bicycle or while walking, just cooperate, show them your passport or gaijin card and you will be on your way. Hassle them and you will be in for an experience you will not like. They may not have the right to stop you, but they will sooner or later. It's just the way it is. Also, DO NOT offer any other information.

I lived in Japan for 16 years continuously and I was stopped and asked for my gaijin card probably less that seven or eight times and stopped on my bicycle maybe double that. It was rare, and it was on one of those rare occasions when I did not have my gaijin card on me and you know the story. Unusual, but it happened exactly as described.

I have been also stopped at "drunk checks" a few times while in my car and nabbed for speeding once and, in neither of said cases was I asked for my gaijin card. Just my license.

As far as the guy who was stopped 117 times I believe he either looked like a criminal, acted suspicious, was baiting the police, or had the worst luck of any gaijin alive. Why can one person have that many stops and someone like myself who lived there much longer than he, have less than ten and I rode my bike almost everyday? Weird, but I wouldn't doubt it as anything can happen to anyone at anytime.

 

[alantin]

I wonder, why do people think the police is their enemy and that they need to defy them. Their job is to enforce everyones safety (including you and me!) and to in order to do that, sometimes they need to ask questions. If you haven't done anything, why should you be afraid of them? And if you haven't done anything, they don't know that and thus, they ask!

Even though I had read the horror stories and all the time expected the cops to rush after me demanding for my ID the only time I had any contact with the law enforcement in Japan was in Kyoutou when I asked a cop for directions and he looked like HE wanted to run away from me and was clearly relieved when I finally left him alone.
I spoke Japanese to him but he seemed to use up his whole English vocabulary when answering and his expression was gold when I confirmed in Japanese if I had understood him right.

 

[Emoni]

I'm glad to see so many very informative posts here. As Mike said, most foreigners are ignorant of how the legal system is in Japan and understandably so. Moreover, some of the laws and regulations on detainment, and twisting of rules for cooperating with the police even when it is illegal for them to ask for ID unless you are suspected is an awful situation. By legal reasoning, I would expect that refusing to go along with illegal activity is absolutely justifiable. As for detainment, being detained for days on end for "questioning" which like other systems that the police have entire control over is what I call imprisonment, especially if you cannot even contact outside people. To be at the absolute mercy of a legal system when you aren't even charged or have done anything wrong, nor been proven to have done so is frightening.


I do not see the police as enemies. However, as anyone else would, I want to know as much as possible to keep myself safe from a system that is clearly imbalanced and holds too much power that is easily abused at a whim.

Knowledge is power, power to keep yourself both out of a bad situation and get out of one.

On that note, what can one do when:

1: Is told to come along to a nearby police station. What is the best way to handle it and why?

2: Is the victim of an actual crime. Other than filing a report what would be important?

3: Is in a situation where the police are clearly abusing their power (rare, but worth considering). While it has been defined that you have no rights, how would you contact your embassy? Would you simply have to wait out the period of detainment?

 

[alantin]

Of course I too do see the problems of the system as presented here.
Eager the hear people's thoughts on your questions!

It is your right to have your embassy notified, right?
Do the police truly not have to call the embassy or let you call if you ask to?

 

[Glenski]

Taking pictures is generally what A.A. Milne would orthographize as "A Bad Idea".

I didn't say it was a stellar one, Mike.

It is only recently that Japanese police even have badge numbers.

So? Ask to see it. They have to show you.

They do not wear name tags, and good luck to you or anyone else who thinks a uniformed officer is going to tell you his name, especially under adversarial circumstances.

Don't get adversarial. Be polite and ask. You don't need to look for a name tag or his baton label. If you can't read the badge, act innocent and stupid and tell him you would like his name.


On that note, what can one do when:

1: Is told to come along to a nearby police station. What is the best way to handle it and why?Too general a situation for me. If you are going to work, say so. If you have some other sort of appointment, say so.

2: Is the victim of an actual crime. Other than filing a report what would be important?It may depend on the crime. Fortunately, I have not been the victim of any here.

3: Is in a situation where the police are clearly abusing their power (rare, but worth considering).Again, too general. I know you are trying to make a list of dos and don'ts, but you're going to have to play it by ear. Like I wrote earlier, the main point is to cooperate as much as possible and not lose your cool.

 

[Emoni]

I tried to be general for the sake of having general information on how to handle basic situations for a start.

As for cooperating and staying cool. I think that is definitely the best first option... but at the same time, knowing when to shut up can be equally important.

 

[KirinMan]

but at the same time, knowing when to shut up can be equally important.

I think that has been covered fairly well here, dont volunteer anything, but if asked a question be polite, answer it and go on.

 

[Emoni]

I think that has been covered fairly well here, dont volunteer anything, but if asked a question be polite, answer it and go on.

... which is why I agreed? I'm not sure the purpose of your post.

Moreover, while covered in practice it can be a different thing. Most importantly, is knowing WHEN and during what situation you need to be extra cautious is very important. It is very clear the police will do anything in their power (which is largely up to how they interpret that power it seems) to get you to try to get you to talk. So clarifying this issue by no mean does harm.

 

[Glenski]

Most importantly, is knowing WHEN and during what situation you need to be extra cautious is very important.

When? Anytime. We foreigners suffer the woes of being treated differently here. People have reported instances of trying to help Japanese people in trouble, and when the police arrived, they actually had to explain that they were not the perpetrators! Narrow-minded police.

Just be extra cautious at all times. Doesn't matter if you are dealing with a parking ticket, a mugging, a bicycle license issue, or worse.

 

[Taiko666]

Contrary to what the reactionary hot-headed brand of gaijins would have you believe, the best course of action if asked for your card is to fish it out of your wallet, present it, and politely cooperate with the officers

I did this, and I reckon that most people do this when their 'time' comes. However, being an absent-minded sort of person, I'm very uneasy with the legal requirement to carry it at all times. The possible consequences of leaving one's wallet at home are completely out of proportion to one's 'crime'.

complaining that they went to a police box and complained about something and the police did nothing....when they didn't file a 被害届出 to get the ball rolling

Indeed, I remember our previous conversation about this. Unfortunately, Googling for 'higai todokede' or '被害届出' reveals only two non-ninongo hits: both posts by you! It's a shame vital info such as this is not more readily available.

In my experience too, Japanese police have always been courteous. Although I did once have a slightly unnerving experience (apart from the almost daily glares I get from my local koban...I'm just resigned to this now though.) I was stopped for a traffic offence outside a police station (there were about 10 officers obviously looking to flag down dodgy looking vehicles etc.) While I was cooperating politely with an equally polite officer, a group of younger looking officers seemed to be delighted with this 面白い 'catch', sniggering, pointing etc. This wasn't so bad... but right in front of my motorcycle stood the meanest looking J-cop I've ever seen, who just stood there, arms folded, boring his eyes into mine while sporting a foul scowl, which occasionally morphed into a snear and back. I swear he didn't flinch or avert his gaze for the full 10 minutes it took for the 'nice' officer to complete the paperwork. I couldn't quite see what the purpose/benefit of this behaviour was.

Oh, and I didn't have to show my gaijin card...

 

[Emoni]

The possible consequences of leaving one's wallet at home are completely out of proportion to one's 'crime'.

I'll just admit here that I'm extremely against "gainjin cards." Probably one of the utmost reasons being what you stated here.

Also, I did the google searach like you said... you're not joking. Two of Mike Cash's JREF posts are all that come up. That's just scary and shows how much ignorance and how serious of a situation there is in regards to lack of sources for foreigners to even search up legal information.

 

[KirinMan]

I'll just admit here that I'm extremely against "gainjin cards."

Are you against Green Cards in the US too?

It's just one of the requirements for living here. It really isnt that big of a deal.

The people here that I feel sorry for are the Zainichi Kankokujin, they are in effect stateless people, who live here in Japan and must carry the card with themselves as well.

 

[Emoni]

I'm against strong labeling and sectioning off in society, then imposing strict and unreasonable punishment that doesn't reflect the offense. Nothing wrong with ID, and considering we are in the computer age and have been for the past 2 decades (no small part in thanks to Japan) there is no reason why basic ID and a computer check should suffice. You don't need to treat visitors or even your own citizens that look differently as second class human beings who are assumed to have committed a crime.

How many Americans would appreciate being pulled over if they look foreign or behaving "foreign-like" then demanding a green card. How well do you think that would go over. It wouldn't.

Official situations aside, ambush annoyance and treating foreigners as criminals is not a good thing. This thread is not really to protest that as much as find a way to keep yourself safe.

And as for Zainichi Kankokujin, I totally agree that that is an absolute injustice.

 

[KirinMan]

I'm against strong labeling and sectioning off in society, then imposing strict and unreasonable punishment that doesn't reflect the offense. Nothing wrong with ID, and considering we are in the computer age and have been for the past 2 decades (no small part in thanks to Japan) there is no reason why basic ID and a computer check should suffice. You don't need to treat visitors or even your own citizens that look differently as second class human beings who are assumed to have committed a crime. ..........

Not all that many people, percentage wise actually are aware that foreigners carry a registration card. There is no labelling or sectioning off either. Just because I have a card doesnt put me into a different class of people here.

Think of it as carrying around your passport for ID when you are travelling in a foreign country. When the proper authorities ask for ID you give it. Hell I could be wrong here but even in Europe a passport is necessary to get a hotel room for the night if you are not a citizen or resident.

Japan is moving towards a social security identification system of sorts

Official situations aside, ambush annoyance and treating foreigners as criminals is not a good thing. This thread is not really to protest that as much as find a way to keep yourself safe.

Foreigners are NOT treated as crimminals here. Let's get that straight. The best advice is just carry it as required. It isnt that hard of a thing to do. Hell people carry their driver's license right? Keep them together and you'll be fine here.

How many Americans would appreciate being pulled over if they look foreign or behaving "foreign-like" then demanding a green card. How well do you think that would go over. It wouldn't.

Racial profiling come to mind? Oh and another thing, just about everyone in America could pass for a foreigner, until they open their mouths of course.

And as for Zainichi Kankokujin, I totally agree that that is an absolute injustice

Different story I agree, and until it is taken care of the odds of Japan granting open dual citizenships I think is next to none.