Introduction

Do you know what abuse foreign nationals are suffering in immigration detention centers?

In Japan, although physical restraint and withholding of freedom can only be officially permitted under the ordinance of a court, in the case of immigration detention the authorities have a free hand to decide such matters at their will. There is also no time limit to the duration of detention. In this way immigration authorities can avoid judicial scrutiny and permit unlimited detention, allowing for a black box condition of opacity, which has led to human rights abuses such as that exemplified by the death of Wishma san due to medical neglect in 2021.

There is no end to the violent abuse perpetrated by immigration officers against foreigners in detention. The violent restraint which American national Mark Gordon was subjected to in 2020 is just one example of this.

"Just Throwing a Soap into a Waste Basket"

Just for that reason, merely for throwing a soap bar into a waste basket. Despite having had multiple hernia operations he was aggressively thrust by officers, pinned down on his neck, back and limbs and neglected while suffering a respiratory attack, crying out “I can’t breath” and calling to be taken to hospital. This is degrading racist abuse which must be recognised as torture and a violation of human rights.

This was just days after the murder of black American George Floyd in Minneapolis, USA,an incident which would spark the worldwide focus on the Black Lives Matter movement. 

This court case is not concerned with just tackling the cause of one person but seeks build a path to establish justice for all victims of the immigration authorities and ensure no further victims are sacrificed. 

Plaintiff's message

Mark Gordon

 Background

Mark moved to Japan in 1999, henceforth working long term in the country and attaining permanent residency status. In March 2014 and January 2018 he underwent surgery in the US for a hernia condition, but there were complications which prevented him from returning to Japan within the permitted re-entry period. In November 2018 Mark was detained at Haneda Airport and refused entry to Japan due to his re-entry permit period having expired. Following this he was detained for two and a half years in the immigration detention center.

In June 2020, Mark, who suffered from asthma, felt a strong aversion to the smell of the soap provided at the facility and attempted to throw it in the trash can outside his room. When immigration officers told him they wanted to discuss this elsewhere, Mark refused. He was then surrounded by 6-8 officers and forcibly taken to an isolation room without a proper explanation.

Furthermore, the officers handcuffed Mark, who had a pre-existing back condition, behind his back, pinned him to the floor, and pressed their full weight against his neck and back. Mark pleaded for help and permission to see a doctor, stating he couldn't breathe, but his pleas were ignored, and he was confined to solitary confinement for five days.

▶ Video documentation of the violence which Mark sustained from the immigration officials can be seen at this link. This has been submitted to the court as evidence.

Mark not only sustained physical injuries but even now continues to suffer from severe trauma from the incident.

Mark initiated legal proceedings against the Immigration Bureau shortly after his release from detention in 2021. However in the district and higher court the violence of the immigration officials was judged to be within the law. In the Spring of 2026 Mark's case will be heard in the Supreme Court. 

If this violence is tolerated then we give permission for it to run throughout other institutions such as care homes, disability facilities and schools, enclosed spaces distanced from the eye of outside. We must keep on fighting for everyone's human rights.

 The events leading up to the lawsuit

This lawsuit seeks to establish the unlawfulness of the Immigration Officers’ conduct and claim damages from the State (Article 1, Paragraph 1 of the State Compensation Act).

The following acts by the Immigration Officers are claimed to be in breach of the law:

・Committing acts of violence, such as restraining, pulling down, choking, and forcing the claimant to lie down in a position where their neck was at risk of being broken
・Restraining the plaintiff by handcuffing his hands behind his back in a manner that caused severe pain in his left arm
・Leaving the plaintiff unattended without taking him to hospital, merely instructing them to call for medication when needed
・Demanding the submission of financial payments received from relatives
・Isolating the claimant for five days

We consider these acts to be unlawful on the following grounds.

 1. Personal Dignity (violation of Article 13 of the Constitution)

 In present-day Japan, individuals who deny their guilt are often detained after arrest and denied bail after indictment, on the grounds that they may conceal evidence or flee. As a result, they are often held captive for extended periods.
 In addition to physical restraint, measures may also be taken to virtually prohibit interaction with the outside world, including family and friends. 

 Article 13 of the Constitution

All of the people shall be respected as individuals.Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.

The actions of the immigration officials disregarded Mark’s life, physical integrity and liberty, and thus violate Article 13 of the Constitution, which guarantees personal dignity.

Case law has confirmed that the fundamental human rights stipulated in the Constitution apply equally to foreign nationals residing in Japan, with the exception of those rights which, by their very nature, are understood to apply only to Japanese nationals.

The right not to be subjected to inhuman treatment should be regarded as a right that, by its nature, applies regardless of nationality.

 2. Prohibition of Torture (Article 36 of the Constitution; Violation of the Convention against Torture)

Article 36 of the Constitution absolutely prohibits torture by public officials. 

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

Furthermore, Japan is a signatory to the Convention against Torture. Article 98, Paragraph 2 of the Constitution states that ‘The treaties concluded by Japan and established laws of nations shall be faithfully observed’; consequently, a violation of the Convention is simultaneously a constitutional issue.

‘Torture’ refers to an act which: (i) intentionally inflicts severe physical or mental pain or suffering on a person; (ii) is committed for the purpose of obtaining a confession, as a punishment, or by means of intimidation or coercion, or on grounds of discrimination; and (iii) is committed by a public official or any other person acting in an official capacity, or at their instigation, with their consent or acquiescence (Article 1(1) of the Convention against Torture). The actions of the immigration officials constitute acts of intentionally inflicting severe physical and mental suffering on a person on the grounds of discrimination against Black people and foreigners, and are therefore in breach of the Convention.

Upon the second hearing the Tokyo High Court acknowledged that most of the immigration officials’ actions had taken place, but did not recognise their illegality on grounds such as the existence of justifiable reasons.

However, the officers’ actions constitute torture and cannot be justified in the first place. Furthermore, although they created a situation in which Mark fell into a state of panic due to fear (with 6 to 8 officers suddenly surrounding and taking him away without providing an interpreter), it is not permissible to recognise legitimate grounds for their actions on the basis of responding to his agitated state.

 Social Significance

Through this legal case we aim to expose the arbitrary detention and abuse of foreigners by immigration authorities, as well as the underlying systemic racism, to prevent other foreign nationals from suffering the same fate again. 

We must also work to ensure that physical restraints, violence, and neglect are never permitted in any facility—schools, nursing homes, hospitals, disability care centers, or any other institution—regardless of who is being held there. 

Abuse must not be tolerated. If it is permitted in immigration detention centers, it deeply undermines respect for human dignity in the communities where we live, threatening the safety of many. 

We strive to uphold human rights and international law, and stand against violence and discrimination.

 Use of Donations

•  Court Bills: Actual expenses such as stamp duty and postage.
•  Lawyer Fees: We intend to use the funds for retainer fees, success fees, and travel allowances for the legal team members.
•  Press Conferences/Publicity : We would like to use the donations to cover the costs of events and publicity related to this trial.
•  Transport for the legal team and plaintiffs : We plan to use the donations to cover the travel expenses for some of the plaintiffs and legal team members when they appear in court, as well as the travel expenses for experts and others who come to Tokyo.
•  Medical Examination and Medical Certificates : The primary evidence in this case is based on medical examinations and medical certificates for the injuries – all of which were fully borne by the plaintiff, who does not have health insurance.

Message from the assigned attorney

Jun Sasamoto, Attorney at Law

Introduction of the assigned attorney

Jun Sasamoto

Jun Sasamoto is the President of COLAP, the Confederation of Lawyers of Asia and the Pacific, and a Bureau Member of IADL, the International Association of Democratic Lawyers. He is a specialist in international law and politics. He has experience of representing numerous refugees in their cases against the immigration authorities, including the case of Aiko, a trans woman from Philippines who is seeking asylum in Japan. He is also representing Maribeth Domingo, who is also a victim of violent abuse in the immigration detention center.

Ran Ogata

For about 13 years, Att. Ogata has handled a variety of civil and administrative cases as part of a Tokyo based law firm. In addition to work as a lawyer, Ogata also serves as an instructor for study groups on constitutional and gender issues.

 In conclusion, we would like to ask for your donations.

We ask for your warm support to continue the fight for the human rights and dignity of migrants and victims of the immigration authorities. Despite Mark Gordon being denied visa status and prohibited from working and denied any income to live independently he has been refused remit of court bills, while also having to pay for lawyers fees, and other legal expenses. We must prevent the fight for justice from being dependent upon one's financial resources. Those on karihomen (denied visa status) in Japan are placed in the most vulnerable position in society. They are refused registry as legally recognized residents with local authorities, they are denied access to nearly all public services, they are refused access to health insurance and refused the right to work in order to sustain themselves. They are forcibly trapped in a dependent state, pressure mounted upon them to give up their fight and return to their country even if that is a life threatening risk. It is our duty as those who have legal status, who are recognized as residents and citizens, who have the protections of the authorities, who have some form of income, to do all we can in support of justice for Mark Gordon and all others who have been placed in his position.