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Japan Joins the UN, Still has Hurdles to Face in Living Up to Its Obligations

Filed under: Japan in the News, Rekishi - History
Posted by Garrett DeOrio at 5:06 pm on Monday, December 17, 2007

December 18th

On this day in 1947, the massive Zaibatsu, who ran the prewar and wartime economy of Japan (as well as, possibly, large parts of the government) were broken up by GHQ.
But also. . .

On this day in 1956, Japan’s membership in the United Nations was officially accepted. While Japan was already facing pressure from the US to renege on its Article 9 pledge to renounce war and its accoutrements, and there was no shortage of hostility against the country left over from World War II, Japan’s accession to the UN was apparently not hotly contested.

In order to join the UN, a country must be recommended by the Security Council, approved by the General Assembly, and agree to abide by the requirements of the United Nations Charter. Potential political obstacles to Japanese membership in the UN - mainly the objections of China or other victims of Japan’s wartime aggression - were rendered null by the San Francisco Treaty of 1952, which officially ended World War II. In it, its author, John Foster Dulles, included a clause requiring all signatories of the Treaty to not only not oppose Japan’s membership in the UN, but support and promote it. Chinese opposition was rendered moot by the facts that UN membership is decided by the General Assembly, not the UNSC, and that China’s seat, at the time, was held by the Republic of China, or Taiwan, not by the People’s Republic of China.

Japan’s membership in the UN was not only a part of the country’s postwar recovery and rise in international stature, but also in line with a turn towards greater independence in foreign policy after the pro-American Prime Minister Shigeru Yoshida (grandfather of Taro Aso) lost his job, in part for supporting future Prime Minister and Nobel Peace Prize Winner Eisaku Sato after his arrest on charges of accepting bribes, and the Prime Ministership was won by the much more nationalistic Ichiro Hatoyama, who pardoned a number of Class A war criminals serving life sentences and was friendly with some who were never tried, such as Eisaku Sato’s older brother, Foreign Minister and future Prime Minister Nobusuke Kishi, who was the father-in-law of Shintaro Abe and grandfather of Shinzo Abe. (Don’t you love how this all fits together? Kishi was adopted in the Roman style, hence the name difference with his brother. As TPR readers will have guessed, Ichiro Hatoyama was the grandfather of current pols DPJ Secretary General Yukio Hatoyama and Justice Minister Kunio Hatoyama.)

Anyway, the Occupation had ended four years earlier, Japan was run by people who were certainly not at all products of GHQ, and the country was looking to play a more active role in world affairs.

There would be headaches for Japan, though, as Japan’s Constitution would appear to put it in conflict with the UN Charter, which states:

Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.

Oddly enough, the very clause that so obviously qualified Japan as a “peace-loving state,” Article 9, cast the country’s ability to live up to its obligations in doubt.

While Japan might be able to “accept the obligations contained in the present Charter,” its renunciation of the use of force as a means of settling disputes and of the maintenance of war materiel would make it difficult for the country to be “able and willing to carry out these obligations,” especially in light of the fact that said obligations include:

“All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter;”

and

“the Member of the United Nations agree to accept and carry out the decisions of the Security council in accordance with the present Charter.”

Hard to do all of that if you’re barred from maintaining the equipment your boys would need to fight and barred from sending your boys overseas to do so. And by 1956, with the Korean War having resulted in the deadlock along the 38th Parallel that persists to this day, there was no doubt that giving “the United Nations every assistance in any action it takes” and “agree[ing] to accept and carry out the decisions of the Security council” meant fighting against what would come to be called rogue states.

Despite Japan’s not being suited to taking on all that might be required of it, as early as 1973, less than a year after Okinawa was returned to Japanese sovereignty, thus ending the American occupation of Japanese territory, the ongoing push for a permanent Security Council seat for Japan began. The argument then, under soon-to-be disgraced Prime Minister Kakuei Tanaka, as now was based on Japan’s economic might.

Being the second-largest contributor to the UN budget, and the resulting checkbook diplomacy, served Japan well until the first Gulf War, when Japan faced the first test of its international commitment - being called upon to play a role commensurate with its size and economic power - and balked. The meaning of this call - that Japan should send people, as well as money, was clear. Japan, though, couldn’t do it. It was embarrassing.

Many observers look at 1991’s embarrassment as a prime motivating factor behind the conspicuous renewal the quest begun by Japan in 1973: for a more assertive foreign policy crowned by a permanent seat on the UN Security Council. Obstacles remain, though - Japan still has no permanent law on the dispatch of the Self-Defense Forces, although that’s slated for the upcoming ordinary Diet session. There’s also the larger specter of Constitutional reform. What to do with Article 9. This past Spring, in the last ordinary Diet session, the Abe administration managed to get a bill laying out the process of the necessary referendum passed, but there is still little agreement on what reform might look like.

Involvement in Peacekeeping Operations is not the only problem in Japan’s relationship with the UN, though. There’s still the fundamental issue of human rights.

The UN’s Universal Declaration of Human Rights guarantees a number of rights which still lack the necessary legal recognition in Japan. To wit:

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Japan still has no law explicitly outlawing racial discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

Article 11-1 is particularly problematic for Japan. Japan’s criminal justice system is a joke. There are no reliable checks on law enforcement entities, trials serve to grant the requests of prosecutors, acquitals are almost unheard of, and the overwhelming majority of convictions are based on confessions obtained during secret, lengthy interrogations, usually without defense counsel present.

Relevant to all of the above are the cases of Osayuwamen Idubor, Mr. Valentine, or Mr. Ishikawa of the infamous Sayama case.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

The only meaningful protection against attacks on honor or reputation are meaningful, punitive slander and libel laws, which Japan does not have, often failing to enforce even the weak civil libel laws in place.

Article 23.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

Words cannot express Japan’s consistent, intentional, and catastrophic failure on this front, especially as regards equality of the sexes.
_____________________

Japan is not alone in its shortcomings, but it has a long way to go, on most fronts, to meet its obligations to the UN, to which it is highly sympathetic and offers great material support.

Talking the talk, as former Prime Minister Shinzo Abe and former Foreign Minister Taro Aso so proudly did on the 50th anniversary of Japan’s membership in the UN last December is not enough. It’s high time for an overdue walking of the walk.

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Comment by Julián Ortega Martínez

December 19, 2007 @ 2:32 am

Thanks for this excellent summary, Garrett. I guess some fellows will start to say Japan isn’t so “developed” as it seems…

Anyway, if I were to do this exercise with my country, one of the UN founding states in 1945, I guess I’d find so many inconsistencies and flaws…

Comment by Garrett DeOrio

December 19, 2007 @ 10:23 am

I sympathize, Julian. This article would probably be a lot longer if I were writing about the US, especially over the past few years. I shudder to think.

Sadly, it seems the only “universal” thing about the Universal Declaration of Human Rights is how univerally it’s selectively adhered to or even ignored by its signatories.

2843

Comment by ponta

December 20, 2007 @ 11:24 am

An interesting article.

I have some questions.

“Japan still has no law explicitly outlawing racial discrimination.”
As you know the article 14 of the constitution clearly states,”Article 14. All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.”
And Zainichi Korean who was rejected to rent a room win the case based the article 14 and the civil code 709/710.
Specifically what law do you have in mind that Japan lacks, explicitly outlawing racial discrimination?

You say;
“Article 11-1 is particularly problematic for Japan. Japan’s criminal justice system is a joke. ”

It is sometimes said Japan’s constitution is relatively unique in that it specifies clearly constrains on criminal procedures in the constitution.

Article 31. No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.

Article 32. No person shall be denied the right of access to the courts.

Article 33. No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.

Article 34. No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.

Article 35. The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, or except as provided by Article 33.
Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.

Article 36. The infliction of torture by any public officer and cruel punishments are absolutely forbidden.

Article 37. In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal.
He shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense.
At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts, be assigned to his use by the State.

Article 38. No person shall be compelled to testify against himself.
Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.
No person shall be convicted or punished in cases where the only proof against him is his own confession.

Article 39. No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy.

Article 40. Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law.

And other terms are defined in the code of criminal procedures.

You say ,”Japan’s criminal justice system is a joke.”

Specifically which member ’s criminal justice system among UN is not joke according to your criteria?

You cites the three cases. All of them are controversial. Two of them are those disputed by a controversial “human right activist” Debito.
I am not saying that there were no case of false charges, there are several cases that even the court has admitted. But does it mean that Japan’s criminal system is a joke?

You say:

“The only meaningful protection against attacks on honor or reputation are meaningful, punitive slander and libel laws, which Japan does not have, often failing to enforce even the weak civil libel laws in place.”

Japan’s criminal code states;
Chapter XXXIV. Crimes against Reputation
Article 230. (Defamation)
(1) A person who defames another by alleging facts in public shall, regardless of
whether such facts are true or false, be punished by imprisonment with or without
work for not more than 3 years or a fine of not more than 500,000 yen.
(2) A person who defames a dead person shall not be punished unless such
defamation is based on a falsehood.

Article 231. (Insults)
A person who insults another in public, even if it does not allege facts, shall be
punished by misdemeanor imprisonment without work or a petty fine”

Chapter XXXV. Crimes against Credit and Business
Article 233. (Damage to Credit; Obstruction of Business)
A person who damages the credit or obstructs the business of another by spreading
false rumors or by the use of fraudulent means shall be punished by imprisonment
with work for not more than 3 years or a fine of not more than 500,000 yen.

And the civil law states;
Article 710(Compensation for Damages Other than Property)
Persons liable for damages under the provisions of the preceding Article must also
compensate for damages other than those to property, regardless of whether the
body, liberty or reputation of others have been infringed, or property rights of others
have been infringed

Specifically what kind of law do you have in mind when you say Japan does not have “meaningful, punitive slander and libel laws”?

Comment by Garrett DeOrio

December 20, 2007 @ 12:11 pm

Ponta, good to see you back again.

I’ll tackle the issue of the Constitution in general first.
As you say, it is absolutely true that Japan’s Constitution offers most, if not all of the protections offered by any other Constitution, is unusually specific, and is even more progressive than most other Constitutions and even the UN Charter. Japan also has some laws on the books that are truly ahead of their time in terms of guaranteeing rights.

Unfortunately, it is also true that the law does not reign supreme in Japan. The Constitution, to say nothing of lesser laws, is routinely ignored. Japan was the first country, as far as I know, to guarantee paid leave for women during their periods, classifying this as a health issue. Imagine a woman trying to assert that right without penalty, though.

You quote the English version of the Constitution, which is an official translation (and, in some parts, was how it was originally written), however, as I’m sure you’re aware, there is some controversy surrounding one of the phrases you quote:

All of the people are equal under the law. . .

The trouble is that the Japanese version of the Constitution interprets “the people” as “kokumin,” which is perhaps more accurately translated as “citizens.” “Citizens” is the definition that seems to have been taken into account in most related court decisions. For every case upholding the right of minorities or foreigners to rent, bathe, shop, or participate in normal life in other ways, there are many in which such rights are not protected or it is decided that discrimination is OK in some cases.

More importantly, as I said, there is no law explicitly prohibiting racism. Despite court decisions in the right direction, there is rarely any punishment meted out and legal awards are symbolic at best.

This leads to libel laws. Even under reforms made to the laws in recent years, the maximum punishment for civil libel is somewhere in the neighborhood of 5 million yen. This is not punitive, considering that the defendants in libel trials are usually large media companies. Furthermore, when a plaintif wins a libel case, the defendant is not required to cover his legal costs on top of the award. Considering that it is not unusual for a libel trial to take five to ten years to make it through the courts, this means that the award in question usually doesn’t even cover legal expenses incurred by the plaintiff, much less make up for lost income, damaged careers, personal troubles, etc. Moreover, there is no enforcement of decisions, especially beyond payment of awards.
One of the most damaging parts of libel is the damage to reputation. How many people in Japan, for instance, still have a negative view of Ikeda Daisaku, even think he raped someone, despite his victory in botht he civil rape trial and his victory in a criminal libel trial (only three people have been convicted of criminal libel, two in relation to the Ikeda case), in the decision for which the presiding judge called the rape charges absolutely false and an abuse of the court system.

The problem? Shukan Gendai had spent years accusing Ikeda of rape in its advertisements and magazine. The decision against the magazine called for the magazine to place a retraction in its ads and magazine. The magazine did not comply. There was no penalty for this.

I’ll be back later. . .

Comment by Ken Y-N

267d December 20, 2007 @ 12:46 pm

How many people in Japan, for instance, still have a negative view of Ikeda Daisaku, even think he raped someone

And I’d say that also applies to foreigners in Japan - bring up Soka Gakkai anywhere and someone always comes out with the rape, or the person who “was killed by SG”, or other chestnuts because they read reports of what was said in the weeklies. On subjects other than SG, most people will tell you the weeklies are full of lies, but somehow the tabloids are always accurate about SG, and denying these “facts” makes you an SG cultist.

Comment by walter

December 20, 2007 @ 1:48 pm

amPONTAn cracks me up.

Comment by Garrett DeOrio

December 20, 2007 @ 1:57 pm

Exactly, Ken. I’ll confess that I am of a skeptical bent concerning any religious group - the new evangelical megachurches in the US particularly unsettle me - but even I would say that there is an unreasonably unfair and excessive bias against Soka Gakkai in Japan that, as you point out, foreigners pick up and repeat without thinking much about it. This is particularly puzzling to me considering SGI’s decidedly positive image and Ikeda Daisaku’s position as one in the vein of Martin Luther King Jr. and the Dalai Lama in the West.

I think it stems from SGI’s relationship with the Komeito (as opposed to the New Komeito), who were vocal and relatively successful opponents and shamers of the LDP, which made SG fair game for wanton slander and libel, which led to the shukanshi attacks, which either led to or gave license to people’s sordid fantasies of what the group was up to. (Notice the relative slcakening of attacks against SGI, esp. in the form of wholly fabricated accusations, over the past few years, as the New Komeito has become the LDP’s bed buddy.)

Ponta, I’ll finish my earlier response ASAP.

Comment by ponta

December 20, 2007 @ 3:36 pm

Thanks  DeOrio

it is absolutely true that Japan’s Constitution offers most, if not all of the protections offered by any other Constitution, is unusually specific, and is even more progressive than most other Constitutions and even the UN Charter.

So it is not the Japanese law but its judicial practice you are talking about, isn’t it?

as I’m sure you’re aware, there is some controversy surrounding one of the phrases you quote:

I am sure you are aware this is non-issue for Japanese lawyers. I discussed it on Japan Probe with Overthinker. He cited Dower. It might be a true episode of the wording, but the standard theory takes the word, “kokumin”"nanbito” contextually. It is taken for granted that the equality clause applies to all the people. (Read any Japanese textbook on the constitution and you can confirm it).That is why
Zainichi Korean woman won her case in the court.

(The point of disputes is whether a specific right such as a right to vote applied to NJ.)

More importantly, as I said, there is no law explicitly prohibiting racism. Despite court decisions in the right direction, there is rarely any punishment meted out and legal awards are symbolic at best.

Could you be more specific? What kind of racism do you have in mind that is not covered by the present Japanese law but which needs to be attacked by the law

This leads to libel laws…..

You are talking about the public figure who has a strong influence over society. The public figure who has a strong political influence is
open to criticism. That is essential for democracy and that is vital for the freedom of expression.
Ikeda is the case in question. He is not exempt from scrutiny. Many people have a negative view of Ikeda not because of syukan gendai’s article but because he has a lot of troubles with Nichiren Shoyoushuu and the former members of Gakkai. Koizumi also sued the magazine which alleged him as a rapist.He is still popular.
Of course the public figures such as Ikeda and Koizumi
have the right to reputation, that is why there is a court. In any case that does not lead to the conclusion that Japan does not have
“meaningful, punitive slander and libel laws”
I am afraid of slandering a specific private person on
the Internet because he/she might sue me.

Lastly I would like to ask again, in your judgement, which member satisfies UN’s standard you cited in theory and in practice ?

Comment by John S

December 21, 2007 @ 3:02 am

It is taken for granted that the equality clause applies to all the people.

So how is it legal for DoCoMo to charge a 30,000 yen deposit on phones only for foreigners? If the law applied to all people equally, this would have been challenged by METI.

When things are ‘taken for granted,’ that means they probably don’t work that way.

Comment by ponta

December 21, 2007 @ 5:00 am

It is taken for granted that the equality clause applies to all the people.

So how is it legal for DoCoMo to charge a 30,000 yen deposit on phones only for foreigners?

The equality clause does not mean you get the same result equally with others.
If there is rational reason to back up the different treatment, it is justified.
In case of Docomo, it seems DoCoMo charge a 30.000yen deposit for foreigner without permanent residency.
My guess is that the reasoning behind it seems that it had cases that foreigners without permanent residency left Japan without paying charges.
Now I am not sure if this is a rational reason, but if
the court judges that there is no good reason, it is illegal. The court will judged the case based on the the equality clause. In other words, it is taken for granted that the equality clause applies to all the people.

Comment by Arudou Debito

December 21, 2007 @ 7:40 am

Yes, and how can all those “Japanese Only” signs be allowed to exist on storefronts across Japan?
http://www.debito.org/roguesgallery.html
Especially that one on Yunohana Onsen in Otaru, which took a lawsuit to remove because the (nonexistent) laws couldn’t do it. Or haven’t you read the books on the case?
http://www.debito.org/japaneseonly.html
Explain away.
Oh, but that’s right–I’m a “controversial activist”, so that means the facts of these cases don’t count.

Comment by Ken Worsley

December 21, 2007 @ 11:41 am

Oh, but that’s right–I’m a “controversial activist”, so that means the facts of these cases don’t count.

What’s with people like using ridiculous Bill O’Reilly-esque labels to attack the person - and ignore real human rights abuses - rather than actually discuss what he or she is saying?

Oh yeah…it’s called “insecurity complex”

Comment by Garrett DeOrio

December 21, 2007 @ 11:59 am

Debito, if it makes you feel any better, you’re probably a terrorist on 2-Channel by now.

I seriously don’t get what makes Debito controversial. Sure, people disagree with him and some may find him a bit assertive for their tastes, but it’s not like he advocates violence or is a revolutionary. Is a citizen availing himself of his Constitutional rights so shocking? Are public speaking and newspaper articles questionable tactics?

I’d say attaching the label “controversial” to Debito is an act of desperation and insecurity. Does any reasonable person even seriously disagree with his mission, as opposed to his tactics or, more likely, his tone?

Debito, this would all make a lot more sense if you’d become a womanizing, Molotov cocktail-tossing cult leader.

24e7

Comment by ponta

December 21, 2007 @ 12:32 pm

Debito,
I am glad you are willing to discuss with me. I thought you didn’t want to talk with me because you banned my comments on your blog several times.

but that’s right–I’m a “controversial activist”, so that means the facts of these cases don’t count.

It does not mean that the controversial activist’s account does not count. What it shows is that it must be taken with the grain of salts.
And in my opinion the three controversial cases are weak to demonstrate that ”Japan’s criminal justice system is a joke.”
As for the Otaru case, according to your site, you won the case and you get paid for the compensation. I think it was partly based on the equality clause, which comfirms my thesis that it applies to NJ.
If the bathhouse didn’t remove the sign, it is running the risk of negative sanction from people and of being
sued again.
Now could you enlighten us , for the reference to get Japan to move on for the better society , what law is there in other countries to enforce such a sign to remove? Could you be kindly enough to cite the law?

Ken Worsley
The three cases are controversial cases and Mr. Arudo is a controversial figure as Wikipedia shows.
Don’t get me wrong, I am not saying everything he says is controversial: I support him in some respects.
The point of my argument above is, as I said, that DeOrio’s argument is weak when it is based on the three controversial cases.

Comment by ponta

December 21, 2007 @ 1:27 pm

I checked the dictionary since I was not sure my understanding of the word is right.
controversial * marked by or capable of arousing controversy;
The three case arouse controversy;they are not established facts, and Mr. Arudo is a controversial figure in that his tactics is often open to criticisms on the Internet forums and wikipedia.
Please correct me on this and others if there is something I should make clearer or more polite.

Comment by Ken Worsley

December 21, 2007 @ 1:51 pm

Bill,

Why do you need to check the dictionary for English words?

Comment by Ken Worsley

December 21, 2007 @ 2:26 pm

Debito, this would all make a lot more sense if you’d become a womanizing, Molotov cocktail-tossing cult leader.

Just have to find the right PR firm…

Comment by Garrett DeOrio

December 21, 2007 @ 3:50 pm

OK, Ponta, it’s been busy lately, so this took a while, but I’ll start by continuing my earlier reply to you.

Japan’s criminal justice system is a joke. Cases only go to trial when a conviction is all but guaranteed. The conviction rate is well above 99%. At least 85% of those cases are based on a confession - usually made without defense counsel present in spite of Consitutional guarantees otherwise - and without being videotaped, which, according to the logic applied to criminal investigations, means the police have something to hide.

Numbers like that do not occur by chance. At the very least, there is a shocking lack of accountability and a remarkable slant in the process.

I mentioned the Idubor, Valentine, and Ishikawa cases as examples with which I thought likely readers of the article would be familiar, it was by no means an exhaustive list and I know you know that. Besides, you cited two cases - one of them Debito’s - as examples to the contrary, but decided two of the caes I mentioned were invlaid examples because of Debito’s advocacy of the defendants. Furthermore, the only reason there is any controversy surrounding any of the cases is because of the longstanding presumption on the part of the legal system that the police do not make mistakes. The reasoning works like this: If you are arrested, you must have done something wrong, otherwise you wouldn’t have been arrested. If the police can’t force you to confess to the crime with which they want to charge you, you have to confess to something else. You can’t be charged and acquitted, though.

As for slander - you absolutely should be worried about slandering people anywhere, including on the Internet, although I think what you’re referring to is libel - written - not slander.

Valid criticism is not the same thing as libel. Public figures are fair game for criticism, which deals with facts or solid suppositions or inferences. Fabricating rape charges and selling magazines on the back of them for years on end is not valid. It is libelous. One never has the right to engage in libel or slander, hence the illegality of those actions.

As for the Constitution, what I was referring to was the Constitution as the basis for other laws, not merely to judicial interpretation. The Constitution lays out rules upon which the actual nuts and bolts laws - crimes and punishments - are based. There are not practical, situational laws in place to uphold the rights granted in the Constitution.

You bring interesting points and play a nice Devil’s Advocate once in a while, but these, Ponta:

Lastly I would like to ask again, in your judgement, which member satisfies UN’s standard you cited in theory and in practice ?

Now could you enlighten us , for the reference to get Japan to move on for the better society , what law is there in other countries to enforce such a sign to remove? Could you be kindly enough to cite the law?

These are called red herring. We’ve talked about this before.
One last time, just for the record. Japan is a sovereign, independent country. What other countries do or do not do is absolutely irrelevant to the topic at hand here. I wrote an article about Japan and am happy to discuss it. If you’d like to do a comparative study of the way in which other countries deal with the rights enumerated in the UDHR, by all means do so; I’d like to read it.

What I won’t do is bite. Changing the topic is not a method of reasoned debate and, although I’ve exchanged comments with you often enough to know that that’s where we’re headed, I’m really hoping this time will be different.

Finally, pretty much everything is open to criticism. Being open to criticism is not the same thing as being controversial. I know Debito well enough to say that I sincerely hope your information on him does not come from his Wikipedia page. A quick glance at the edit page will show you the problem - the debate there is about him, not his work and certainly not about how to write his encyclopedia entry, which is what the edit conversation should be about.
Although he and I vehemently disagree sometimes, I don’t think there is anything controversial about his work. Some may not like his methods, but if filing lawsuits, writing articles, and making speeches constitute controversial methods, there are even deeper problems than I thought.

Debito is an actual person doing actual work on behalf of actual people. If you’re going to apply a negative term to him, you should at least explain in what way you think he is controversial. People criticizing him is fine - I do it myself. People engaging in slander and libel against him is another matter and that’s a lot of what goes on on the Internet.

As for the Valentine and Idubor cases, Debito publicized them and wrote about them, he was neither man’s attorney, he was not involved in the criminal investigations (or lack thereof), and he was not involved in any of the alleged crimes. Would you care to point out what exactly you find so controversial about their cases, or are you willing to presume guilt because someone whose methods you find distasteful took up their cause?

Marilyn Manson is legitimately controversial figure. He publicly spoke in favor of gun control and decried the Columbine school shootings in 1999. He’s controversial, though, so we have to take his abhorrence at school shootings with a grain of salt, right?

31ea

Comment by Steve Schapiro

December 21, 2007 @ 5:41 pm

Ponta= Ampontan? Bill, it seems kind of obvious.

Comment by ponta

December 21, 2007 @ 7:23 pm

DeOrio

Thanks.

Japan’s criminal justice system is a joke. Cases only go to trial when a conviction is all but guaranteed.

There are some theories about it. For instance, Sasaki argues in her book 日本の司法文化 (文春新書) that a prosecutor does not bring the cases to the court unless there is high probability that he will win while in the U.S. the person is brought to the court when the prosecutor has 50% -probability of winning. That explained the high conviction rate.

….which, according to the logic applied to criminal investigations, means the police have something to hide.

The facts you listed does not prove that the police is hiding something.
(Besides there is some mistakes in your statements.

At least 85% of those cases are based on a confession -

It is impossible to convict someone if it is only based on the confession.
Article 38.
No person shall be convicted or punished in cases where the only proof against him is his own confession.

usually made without defense counsel present in spite of Constitutional guarantees otherwise - and without being videotaped,

I am afraid you are confused here. The constitution guarantees the accused shall have the assistance of competent counsel but it does not guarantee the confession be made in the presence of counsel.
Video taping is desirable, I hope that the practice is going that direction, but the confession without videotape does not mean the confession is forced. In addition, the accused have a chance to say whatever he wants to say in presence of the judge.)

….decided two of the case I mentioned were invalid examples because of Debito’s advocacy of the defendants.

Not at all.
These cases are controversial not just because Dabito advocates it, but because no body know for sure.
As for Valentein’s case, Valentain has his own story , and the court has its own story well reasoned. We have
two stories, We can read both of them on Debito’s site.But no body knows yet which is true for sure. That is why it is controversial. And to argue that the one is true, and the other is false, you need to present the convincing argument, which I have yet to see.
As for Idbuor’s case. the structure is basically the same. Japanese victim says she is telling the truth. Iduor says he is telling the truth. The local court judged Idubor guilty. His lawyer says the verdict was invalid. We don’t know yet which is true. And my argument is that the argument based on the controversial cases where we don’t know its validity is weak.

the only reason there is any controversy surrounding…..

Note I am not saying that the court’s judgement is absolutely true, my claim is the cases are controversial at best.

These are called red herring.

(BTW if you remember I argued at the linked comment section, it was not red herring to take up the cases of other countries when we are talking about war time exploitation of the women, and it is unfair and undue discrimination to focus only on Japan just as it is not fair and undue discrimination to focus only on black criminals when white criminals go unnoticed , but let’s leave it at that)

Asking questions is not argument and I just asked questions, therefore it is
not red herring.
You stated:

Japan still has no law explicitly outlawing racial discrimination”

I asked

Specifically what law do you have in mind that Japan lacks, explicitly outlawing racial discrimination?

You stated;

The only meaningful protection against attacks on honor or reputation are meaningful, punitive slander and libel laws, which Japan does not have, often failing to enforce even the weak civil libel laws in place.

I showed the civil code 709 and the criminal code 231etc.and I asked

Specifically what kind of law do you have in mind when you say Japan does not have “meaningful, punitive slander and libel laws”?

Lastly I would like to ask again, in your judgement, which member satisfies UN’s standard you cited in theory and in practice ?

But at the least you do admit “Japan is not alone in its shortcomings” and as your argument goes, it is possible most of the members have a long way to go, on most fronts, to meet its obligations to the UN, isn’t it?

(Another question went to Mr. Arudou)

As for the use of “controversial” as applied to Mr arudou, I don’t think it deviates from the dictionary definition. Wikipedia cites some people and they also criticize his tactics. Probably you support his struggle against racism. I do too, but I also question his tactics. But this is not the place to discuss this issue here. (If you wants, I will discuss here)

The point is that the three cases you cited are controversial themselves in addition to the fact that two of them are disputed by a controversial
figure, which makes your argument weak. You cannot conclude tomorrow is Monday if you don’t know which day is today, or if it is controversial whether today is Sunday.

Comment by Ken Worsley

December 21, 2007 @ 8:06 pm

I can’t even get past the first paragraph of that nonsense:

There are some theories about it. For instance, Sasaki argues in her book 日本の司法文化 (文春新書) that a prosecutor does not bring the cases to the court unless there is high probability that he will win while in the U.S. the person is brought to the court when the prosecutor has 50% -probability of winning. That explained the high conviction rate.

That explanation doesn’t explain anything. I don’t see any proof for the cause of the over 99% conviction rate in that explanation.

You’re embarrassing yourself here, and it’s worse that you do it under a fake name.

Comment by Garrett DeOrio

December 21, 2007 @ 8:28 pm

Ponta, we’re getting into one of these pointless things again in which I respond to your points and you apparently don’t even read what I write or choose tiny points, missing the overall point. I don’t know if this is intentional or not.

Your first point above is simply repeating exactly what I wrote. Bringing cases to trial only when sure of getting a conviction is not an open and fair trial.

You want more? The police can hold someone for up to three days without charge, then get a ten-day extension twice. Such extensions are almost never refused. If the law were being applied as written, this would mean that the police almost always had the right person and were involved in investigations approaching three weeks. If you think that’s what’s going on, I’d ask you to do some simple arithmetic with the number of police officers and the number of arrestees, and then ask yourself why physical evidence is so rarely the deciding factor in a trial.

As for the issue of counsel, I never said counsel had to be present for a confession to be valid or that the absence of counsel necessarily equalled forced confession. I will say, categorically, that holding someone for 23 days without charge and interrogating them on most or all of those days is coercive. I will say that there are many complaints from people who have been arrested and told they either didn’t need lawyers or were refused lawyers. I have talked personally with people who were asked to sign “routine processing documents” that were actually confessions. (In fact, I have never met anyone who was detained byt he police and not handed a confession, written by the police to sign. One acquaintance of mine, a defense attorney, says he is convinced that badgering people into signing confessions written by the police is standard practice.)

As for explaining what a law explicitly outlawing racial discrimination is, I have answered that question. A law outlawing explicitly outlawing racial discrimination would explicitly say what the Constitution says, make it explicit that such discrimination is illegal, and specify criminal punishments for violations of the law.

I have been to criminal trials. Confessions are routinely accepted as the sole evidence.

” ….which, according to the logic applied to criminal investigations, means the police have something to hide.”

The facts you listed does not prove that the police is hiding something.

Ponta, you completely missed that one. I was clearly implying that the police applied such logic. That was not ambiguous. I don’t think refusal to videotape means the police are necessarily beating people. The police often say that refusal to be searched or to enter a koban when asked means someone has something hide.

I answered the libel thing clearly and at length. Libel laws have to impose penalties large enough to do harm to the large corporations involved in libel in order for those laws to be effective in deterring and/or punishing libel.

Regarding red herring - you saying something is not a red herring doesn’t change the fact that the red herring is a tactic you often use and used, repeatedly, in that thread. TPR is a site concerned with news, politics, and issues of and related to Japan. Therefore, it contains articles, editorials, and discussions of Japan. To write an article on wartime crimes committed by the Japanese military, but not discuss crimes committed by the American military, thereby focusing on Japan is in no way discrimination. If one writes a book on Korean history and focuses on events that occurred in Korea, is he discriminating against Russia?

As for the Valentine and Idubor cases, I think it would behoove you to follow the links from Debito’s site, or check the public records available, and you’ll see that neither is a case of he said/he said, one person’s story against another. In the Valentine case, witness testimony detrimental to the police was dismissed on racial grounds, a qualified doctor who corroborated Mr. Valentine’s explanations of how his injuries were sustained saw his testimony dismissed on spurious grounds, and the police’s explanations of Valentine’s injuries were preposterous.

Mr. Idubor was convicted of rape despite the police saying they could find no physical evidence of a rape even having taken place, much less Mr. Idubor having committed it and with no physical evidence having been presented at the trial.

Again, you haven’t explained why Debito supporting wither man weakens his case. In neither case is Debito the only person crying foul. Debito is an observer who tries to help out where he can. Saying that his interest in the cases makes the cases somehow more controversial is, frankly, nonsensical.

Again, what makes Debito’s tactics controversial? To what do you object?

I’ve answered all of your original questions, and some subsequent ones, in depth, and we’re getting to the point where you’re rephrasing things you’ve already said, misinterpreting or ignoring what I’ve said, and resorting to gainsaying. If you only selectively read what I write, I can’t help that.

371f

Comment by Ampontan

December 21, 2007 @ 8:36 pm

Second-time reader, first-time poster here.

Creating multiple pseudonyms to go around making arguments in the comments section of other blogs might be the sort of thing that goes on in your circles, but it’s not what I do. I’m busy enough as it is, and frankly, I’m just not interested in d*cking around like that.

On the rare occasions I post on someone else’s blog, I use this handle. (Except the Marmot; there I am WJS.)

In fact, I don’t read any blogs on Japan written by non-Japanese (and just three by Japanese). Lest you think I’m trying to be cute, I noticed that Ponta said he was banned from posting on Debito’s site. I’ve never visited his site, much less posted there.

The only reason I know about about this discussion is that Ponta sent me an e-mail. We both found it amusing.

Ponta frequently comments on my site, too. I always post comments on my site under the name of Ampontan (including the times I disagree with people). I have no problem being associated with what I think.

The reason I have this name is that at the time I started writing for Japundit, JP didn’t want to reveal his identity for business reasons. We sort of followed the example of Power Line.

Here’s a thought: There are actually Japanese people with excellent English who don’t think the way you do.

Try it out.

Comment by Walter

December 21, 2007 @ 8:37 pm

In all honesty, this guy is either really dense, has awful reading comprehension skills, or is just trying to be difficult. I don’t see the point in replying to any of it.

Comment by ponta

December 21, 2007 @ 8:40 pm

Ken
That was a standard explanation for the high conviction rate in Japan.
If you are not convinced I will give you another source.

In 1997, while 68040 people were indicted for offence provided by the Criminal Code, 39072 were eventually not prosecuted. ….Public prosecutors claim that from a criminological point of view, this discretionary power to the prosecutors contributes to the rehabilitation of the offender and facilitates his correction by liberating him fron the procedure at at early stated. … Since prosecutors have to collect information to decide whether to prosecute or not, the investigation tends to be thorough. Furthermore, since the prosecutor may refrain from prosecution, if the prosecutor is to prosecute he has to be fully convinced that the offender is actually guilty. therefore, once a person is prosecuted, there is a high probability that he will in fact be found guilty. Indeed the acquittal rate at trial is around 0.1%. …..Thus the pre-trial stage becomes crucial”

page 426 Japanese Law second edition Hiroshi Oda (oxford)

Comment by Ken Worsley

December 21, 2007 @ 8:46 pm

That’s even less convincing.

Comment by Ken Worsley

December 21, 2007 @ 8:51 pm

Sounds like a confession/confirmation of what was speculated to me. The defensiveness of the comment is what amazes me.

Comment by Garrett DeOrio

December 21, 2007 @ 9:00 pm

Re: 551791

Bill, thanks for dropping by.

To be honest, I don’t give a rat’s ass in a dumpster whether you’re Ponta or not. If you’re not, you’re not, if you are, knock it off and just comment as yourself.

If you’re not, I take offense at your lsat two lines, which imply two things: 1. That Ponta is just blowing our minds, so we imply that he’s foreign. 2. That we’re some kind of assholes who tolerate no dissent. if that were the case, wouldn’t we just block or delete anything contrary to what we said and post flattering comments to ourselves under a bunch of fake names?

I appreciate your coming by to comment, but don’t do it in a spirit of hostility - however much you and I may disagree on politics and certain social issues.

Comment by ponta

December 21, 2007 @ 10:35 pm

DeOrio

Your first point above is simply repeating exactly what I wrote. Bringing cases to trial only when sure of getting a conviction is not an open and fair trial.

I think the quote above incidentally answer your question. In view of rehabilitation, many are dismissed, not brought to the court.
And the court is open and fair.
And while detained by the prosecutor before the trial, legal service is available, brutal treatment is banned, and too long interrogation is prohibited. Of course there are exceptions, and there are points for the improvement just as other nations, but that does not mean Japanese judicial system is a joke.

The police can hold someone for up to three days without charge,

In principle you can not detain a person without warrant ,and on the warrant issued by the judge, the name of the crime alleged is written.

第199条 検察官、検察事務官又は司法警察職員は、被疑者が罪を犯したことを疑うに足りる相当な理由があるときは、裁判官のあらかじめ発する逮捕状により、これを逮捕することができる
第200条 逮捕状には、被疑者の氏名及び住居、罪名、被疑事実の要旨、引致すべき官公署その他の場所、有効期間及びその期間経過後は逮捕をすることができず令状はこれを返還しなければならない旨並びに発付の年月日その他裁判所の規則で定める事項を記載し、裁判官が、これに記名押印しなければならない

And sure they can detain the person for three days.

第203条 司法警察員は、逮捕状により被疑者を逮捕したとき、又は逮捕状により逮捕された被疑者を受け取つたときは、直ちに犯罪事実の要旨及び弁護人を選任することができる旨を告げた上、弁解の機会を与え、留置の必要がないと思料するときは直ちにこれを釈放し、留置の必要があると思料するときは被疑者が身体を拘束された時から48時間以内に書類及び証拠物とともにこれを検察官に送致する手続をしなければならない。
第205条 検察官は、第203条の規定により送致された被疑者を受け取つたときは、弁解の機会を与え、留置の必要がないと思料するときは直ちにこれを釈放し、留置の必要があると思料するときは被疑者を受け取つた時から24時間以内に裁判官に被疑者の勾留を請求しなければならない

So basically a person is detained with a charge.

By the way from what I read you can arrest the person
without warrant, is that true?

I will say, categorically, that holding someone for 23 days without charge and interrogating them on most or all of those days is coercive

The interrogation must be related to the charge, otherwise, it is illegal. And if it is coersive, it is
not valid.

Article 38. No person shall be compelled to testify against himself.
Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence.

A law outlawing explicitly outlawing racial discrimination would explicitly say what the Constitution says, make it explicit that such discrimination is illegal, and specify criminal punishments for violations of the law.

Read again the Japanese criminal code 231 I have shown. The penalty is the imprisonment with or without
work for not more than 3 years or a fine of not more than 500,000 yen.
And the Japanese constitution directly applies to the case in a civil case. What is the use of passing the law that is identical to it?
And I would like to ask what case do you have in mind
that cannot be covered by the constitution and the civil code 709, and what law do other countries have to deal with such cases?
If the questions sounds like red-herring, I’ll put it differently, what law with what wordings do you think is needed to improve Japanese situation? Could you state that?
I am not asking the questions to trouble you, but I am
asking to clarify your post. If other countries have succeeded in suppressing the racism Japan is accused of by the law you are talking about , who does not want to know what law Japan lacks but they have?

Libel laws have to impose penalties large enough to do harm to the large corporations involved in libel in order for those laws to be effective in deterring and/or punishing libel.

In Japanese system of law, punishing libel is dealt by the criminal code. In some countries, besides that, you impose penalties large enough to do harm. Probably in most of the states you have such system, but it differs from country to country. But that does not mean Japan does not have ” meaningful, punitive slander and libel laws”, does it?

In the Valentine case, witness testimony detrimental to the police was dismissed on racial grounds,

Have you actually read the decision in Japanese?
http://www.debito.org/valentinelawsuit.html#19

The witness testimony was judged unreliable because
(1)He was not sure of the number of police men who arrested the accused.
(2)He was ambiguous about how the accused fell down.
(3)He stated the contradictory fact as to the a signboard,
(4)He was acquainted (面識)with the accused.

Now some people suspect that (4) is unreasonable because the judge cites a black community at shinjuku. They know each other among the black community. But notice it could be also geek community at Shinjuku. here “black” and “geek” is mentioned to identify the community, not as a ground for unreliability. No it was not dismissed because of racial ground. It is dismissed on several grounds, one of which is that they knew each other.

a qualified doctor who corroborated Mr. Valentine’s explanations of how his injuries were sustained saw his testimony dismissed on spurious grounds

According to the judgement , there were two doctors and Ogasawara is a doctor you are talking about. Higuchi’s statement is based on the false premise, the judge says.

the police’s explanations of Valentine’s injuries were preposterous.

That is not the court’s judgement. Ogasawara, another doctor who has seen kickboxer’s injury, has judged that the accused injury was not that of being beaten.

Now I am not saying I know the truth. But I am saying it is a controversial case.

Mr. Idubor was convicted of rape despite the police saying they could find no physical evidence of a rape even having taken place, much less Mr. Idubor having committed it and with no physical evidence having been presented at the trial.

In case of rape, physical evidence is hard to get. . That does not mean the victim’s confession alone is sufficient enough to convict him. Some indirect evidence is crucial. In case of Mr. Idubor, we don’t have even the court transcript yet. All the talk about the case is from Mr. Idubor’s side.
Again I am not saying that he was telling a lie nor am I saying that the victim was telling a lie.
I am saying the case is still controversial.

Saying that his interest in the cases makes the cases somehow more controversial is, frankly, nonsensical.

His tactics is controversial. As for this case, for instance he didn’t translate the parts that explain why the witness’s testimony was dismissed. His account was very selective in that he left out other parts. Leaving out other parts and interpreting the part in his way and presenting it before the readership make his argument convincing but it is not fair. I am not saying his interpretation is entirely impossible (though I interpreted it differently from his ) but if he want to argue that the testimony was dismissed on a racial ground , he also needs to present the parts that is not convenient for his argument.

22a8

Comment by Steve Schapiro

December 22, 2007 @ 1:53 am

OK, I call horsehit. Ponta emails Bill then holds from commenting until Bill makes his comment, which is not amused, but angry, and ends by focusing on the issue of disagreement. Are we to believe that this idea of DeOrio somehow not being able to accept that Japanese people disagreeing with him stemmed from one email from Ponta? And all in a couple of hours at the absolute most?
Furthermore, Ponta returns to the fray no more than four minutes after Bill makes his comment?! And says nothing about it?

And Ponta and Bill “amPONTAn” just happen to know each other well enough to email each other over this kind of thing?

And always agree?

And Ponta appears on Bill’s blog to kiss his ass on a regular basis?

And Ponta, despite irregular misspellings and grammatical errors, makes those mistakes within complex grammatical structures that rarely interfere with meaning?

We’re into my area of expertise now. Ponta is not a Japanese person with good English, he’s an English-speaker attempting to sound Japanese, but who hasn’t ever made a careful study of HOW language learners actually speak and write.

Bill, you and Ponta have the same unusual idiosyncracies of spelling, grammar, and punctuation. You even make the same common typos. (I’m a regular readerof both TPR and Ampontan.)

Beyond that, Bill, you and Ponta argue in the same unusual way - the selective ignoring of points made, the repetition and rephrasing, the coming down on the same side of almost every issue. The fact that Ponta tends to pester and disrupt everywhere except for Ampontan.

Dude, give me a break. Bill-in-Ponta-character, as DeOrio always winds up complaining, you just don’t know how to make a reasoned argument. You clog up comment threads with epic nonsense. Knock it off.

DeOrio, I’m sorry, but you egg him on. You respond, you bite, you can’t let it go. Make a decision. Allow it and let it stand or just bar him, but don’t trade epic explanations for epic nonsense and scare away other commenters and readers. Knock it off.

Bill, grow up, be a man. If you want to kiss your own backside with fictional characters on your own blog go ahead, but be man enough to use your real f**king name and stand by your words - as you say you do.

Enough of this. You gum up Japan Probe, you gum up TPR. And now you can’t resist the chance to go one step too far in your charade.

It’s over. Cut it out.

All of you. This has f**king jack-s**t to do with Japan joining the UN.

Comment by Ken Worsley

December 22, 2007 @ 3:06 am

Steve, what have you been drinking? For real, chill out.

No more comments about this will appear. Enough already.

Comment by Arudou Debito

December 22, 2007 @ 11:29 am

Two words: Sock puppeting.

Now you know why I moderate with extreme precision on Debito.org.

Approving trolls means you take the chance somebody will feed them. And what happens is not a real debate, where people are on a quest for the truth. It\’s merely a waste of time.

And precisely what trolls want. It\’s only sport to them. Or a concerted effort to force people (the blogger in particular) to waste mental energy trying to come up with a response.

Comment by Moderator

December 23, 2007 @ 7:03 am

Thanks everyone for all the emails and comments we’ve received in support of our position. As we said, we will not allow comments related to the troll’s identity any longer since it seems to have been resolved - through some investigation and IP address matching. There is nothing more to be said on the issue and we hope to get back to the usual fruitful discussion, without the interruption of trolls. Thank you for your concern and patience!

Comment by Aceface

December 24, 2007 @ 4:49 pm

First time poster here.

While I agree with the problems regarding Japanese criminal law,I still think it is odd to bring UN as sort of model standard of something.Think about countries running the whole show,The U.S,Russia and China…I don’t see Japanese legal system is any worse.

I have some questions,what’s with these series of emorional retorts and insults toward Ampontan?
His blog is open to everyone including those who objects him,and I’m sure Garret and Ken knows about this.

And about Ponta…
I ran into sort of war of words with him couple times,and never enjoyed any of them.Especially all those red herring throwing.But I choose to stand on his side after reading this paragraph.

“To write an article on wartime crimes committed by the Japanese military, but not discuss crimes committed by the American military, thereby focusing on Japan is in no way discrimination. If one writes a book on Korean history and focuses on events that occurred in Korea, is he discriminating against Russia?”

No,It’s not a discrimination. But I must to say there is a double-standard in moral/political judgement in the first sentence.(second one is pretty much like Ponta-esque red herring,you so much accuse) Is being expat in Japan,automatically gives you a seat in moral commnading heights on social issues?

Let me quote from Debito’s blog
http://www.debito.org/americatrektwo.html

“I liken a trip back to America to Superman making a trip back to Krypton.

When Siegel and Schuster first made the Man of Steel, they had to inject a little science into their fiction, because comic-book hero or not, an invulnerable superhuman was a little hard to believe. So they talked about Clark Kent coming from a planet called Krypton, which being more dense than Earth has a higher amount of gravity. So when Clark crashlanded on Earth, he was superstrong because things were physically lighter, and he had X-Ray vision from eyes attuned to a different opacity. Superman’s nemesis was, of course, fragments of rock from his home world—Kryptonite—which made him lose all his powers.

Hence America becomes my Krypton because I feel absolutely sapped of strength there, even at the most interpersonal levels.

Here in Japan, I can relate more to people; they generally give me the time of day and listen to what I say. This could be due to their interest in America, their tendency towards deference with White people, or my ability to describe in Japanese what I see around me—my X-Ray vision, so to speak.”

No offense to Debito here,But these “Superman”like power and social status are achieved partially through the self-applied moral exceptionalism of a sort,while we,the locals will be judged for things that are beyond our individual and social responsibilities,such like things happened in the past before we were even born,or all those soap-lands with “Japanese Only”signs at the doors.

I think this is one of the reasons why many English speaking Japanese chose not to join in the discussion in English Japan blog,and many non-English speaking locals don’t see gaijin as fellow citizen,but a weird mixture of White raj and temporaty visitors.

And as for Ampontan,I think he is one of a few bloggers who points out the expat hypocricy in these situation.Not that I agree with him all the times,but I must say I appreciate his lone battle in the blogsphere.

BTW,I appear on Bill’s blog to kiss his ass on a regular basis and I share irregular misspellings and grammatical errors with Ponta,but I swear on my father’s grave that I’m neither of them!

2056

Comment by Garrett DeOrio

December 24, 2007 @ 10:52 pm

Welcome to TPR, Aceface. Thanks for dropping by.

While I will not edit comments (accept them or don’t, I say), I have nothing to say other than that I see one, singular, tirade against Ampontan/Ponta, that I really could not care less about the issue, and that neither I nor Ken will respond to any further mention of the issue.

Now to address your points:
I don’t know much about the Russian or Chinese legal systems, although from what I hear, I’d agree that they’re worse than Japan in terms of protecting people’s rights, being accountable, and being fair.

I don’t think there’s much comparison between the US legal system and the Japanese one, though. This is not to say that the US legal system is perfect (very far from it, of course) or that it is better than Japan’s in every way (it’s not, of course), but it does have one important factor: a realistic chance of an open trial resulting in an acquital and physical evidence as the backbone of most convictions.

The main point of my paragraph on Ponta’s red herring was that it is possible to write an article on a problem in or for Japan and not make it about the US. That I did not, in an editorial on Japan, include American actions is in no way at all being unfair to Japan.

I’d agree that there are people who take a superior moral stand and that there is sometimes discrimination in dealing with any controversial issue, but I really don’t see what double standard there is in the sentence of mine that you quoted. The second sentence was an absurd example put there to show the absurdity of arguing that not mentioning the US is discrimination against Japan. A red herring would have been an attempt to turn the conversation to the topic of Korea and/or Russia, but there was no such attempt (and you know it.)

As for Debito’s argument, it seems that you’re quoting it here to imply that I am some kind of Charisma-man-esque morally superior Westerner passing judgement on Japan. If so, I’d simply ask you to read what I’ve written here and elsewhere and you’ll see that, while I am often critical of the Japanese government, I do not generalize about the country or its people and I am not often critical of even the government in a knee-jerk way.

The main point of all this nonsense is that it is possible for a person from country X to write about country Y without comparing Y to X. Furthermore, it is perfectly valid for the national of X to even criticize Y independent of anything else. Frankly, I find it somewhat disappointing when I hear people essentially assert that Japan is not allowed to be interesting - to be studied, analyzed, discussed, or criticized - on its own. Japan is allowed to be a topic independent of any other country, just as the government of Japan is capable of acting independently of any other country. To say that any mention of Japan’s wartime activities or crimes must be accompanied by a litany of American crimes is to say either that Japan, in and of itself, is not worthy of discussion by foreigners or that foreigners ought not discuss serious topics of or related to Japan in a critical manner. Needless to say, I reject both notions.

Finally, the article above was not an excuse to bash the government and law enforcement agencies of Japan, but was a simple “This Day In History” post that ended with the observation that the UDHR, the key document in the foundation of the UN, was not quite being lived up to. I made it quite clear that this was not only a Japanese problem and I didn’t think it was at all necessary to point out that the UN UDHR was not the be-all and end-all of laws.

It was an article about Japan joining the UN, hence the discussion of the UN.

Comment by Julián Ortega Martínez

December 27, 2007 @ 10:21 pm

It seems things are (slowly) changing on the criminal justice system.

Comment by Garrett DeOrio

December 28, 2007 @ 1:20 pm

Julian, unfortunately Asahi links die fairly quickly. Do you remember the topic or headline of the article? If I can find it in another source, I’ll link to it here.
Until then, I’ll say any change is welcome.

Comment by JS

February 5, 2008 @ 8:22 pm

You saw this?

http://www.occidentalism.org/?p=826

Comment by Ken

February 6, 2008 @ 12:02 am

That’s hilarious! Best piss-take I’ve seen in a while, maybe a bit over the top, but funny anyway. Good to see our friends know how to have some fun.

But thanks for the extra traffic today! Lots of new subscribers and a new bunch of listeners and readers. Can’t beat free advertising!

Comment by JS

February 7, 2008 @ 7:02 pm

Now that guy is trying to claim that this post was deleted!

http://www.occidentalism.org/?p=828

Comment by Ken Worsley

February 7, 2008 @ 10:24 pm

Even more hilarious! It’s amazing how far some people will go to keep an in-joke going!

That should settle any credibility issues forever.

Comment by JS

February 7, 2008 @ 10:32 pm

It amazes me how bad some people will make themselves look just for a little bit of attention.

Comment by Ken Worsley

February 7, 2008 @ 10:39 pm

Whatever man, they don’t know any better, it’s just kids…bears no relation to us. We’re thankful for the extra traffic and boost in listeners.

Comment by JS

February 7, 2008 @ 10:44 pm

I think someone’s in love with you, or at least obsessed! Look at all the attention!

Comment by Ken Worsley

February 7, 2008 @ 10:51 pm

2cbe

Ok, enough already.

Comment by Steve Schapiro

February 7, 2008 @ 10:52 pm

Have you guys been looking at what’s going on over there? The only content on their blog in the past few days is going after you for what I said in a comment!

After that, they go off on a completely spurious rant against Debito, which shows that they need a dictionary for such simple words as honest, and have no idea what he does. Now they’re onto you again for this very post and thread not being there.

Pathetic. They devote their blog to bashing their betters, then make shit up when they’re too dumb to figure out what happened.

Before you chide me, I know I’m off topic. I’ll stop now.

Comment by Ken Worsley

February 7, 2008 @ 11:01 pm

I’ll stop now.

Thank you.

And don’t insult people in your comments. It doesn’t help you make your case. We’ve talked about this before.

Any thoughts on the UN?

Comment by Steve Schapiro

February 7, 2008 @ 11:12 pm

OK, yes. Back on track.
The most screwy thing about the UN is this:

Oddly enough, the very clause that so obviously qualified Japan as a “peace-loving state,” Article 9, cast the country’s ability to live up to its obligations in doubt.

While Japan might be able to “accept the obligations contained in the present Charter,” its renunciation of the use of force as a means of settling disputes and of the maintenance of war materiel would make it difficult for the country to be “able and willing to carry out these obligations,” especially in light of the fact that said obligations include:

“All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter;”

and

“the Member of the United Nations agree to accept and carry out the decisions of the Security council in accordance with the present Charter.”

The UN’s quest for peace requires the readiness to use force? So we’re in the world of Hobbes, even the peaceniks acknowledge the need for Leviathan.

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