過去の開示請求に対する意思決定プロセスを明らかに!〜入管の秘密主義を問う〜訴訟 Clarify the decision-making process for past disclosure requests! ~ Immigration secrecy question ~ Proceedings

現在の支援総額 Total amount of current support

556,000円 ¥ 556,000


目標金額 Target amount

400,000円 ¥ 400,000

サポーター Supporter

109 人 109 supporters

支援する Support a Case

名古屋入管で一人の女性の生命が奪われました(ウィシュマさん事件)。この件に関する過去の開示請求への入管の対応を開示請求で問いましたが、全部不開示決定。裁判で、情報公開への対応履歴の開示を求めます。 About the case of Ms. Wishma, I asked about the response to past disclosure requests, but the Immigration Services Agency refused. At the trial, we pursue it.






























WADA 開示請求クラスタ

※ This case is a separate lawsuit with the state compensation, such as claims litigation bereaved family of Mr. Wishuma was raised. In the wake of Mr. Wishma's case, this is a lawsuit that raises issues regarding immigration secrecy and information management in information disclosure proceedings. Lawyers, plaintiffs, and support groups are also different.

[Case overview]

The Immigration Bureau of Japan has not disclosed any information about Mr. Wishma, a Sri Lankan woman who died in Nagoya Immigration Bureau this year.

Almost all of the 10,000 or more documents were blacked out in the disclosure request by the bereaved family for information disclosure. The same was true for my disclosure request.

The non-disclosure decision for a disclosure request is an official decision of the Immigration Bureau of Japan, which is an administrative agency.

We made a request for disclosure of Mr. Wishma's case, what kind of disclosure request was made in the past, and what kind of internal decision-making process the Immigration Bureau of Japan responded to.

This will give you an idea of the criteria by which the Immigration Bureau of Japan has made a decision before making a non-disclosure decision.

This does not reveal Mr. Wishma's personal information, and if only the contact information and name of the individual who made the disclosure request are blacked out, no one will be in trouble.

In the past, I also requested the Cabinet Office to disclose the "Sakura wo Miru Kai", but other than personal information, it was disclosed including the written decision.

(Decision for disclosure request of "Sakura wo Miru Kai")

However, the Immigration Bureau has decided not to disclose all of these very common requests for disclosure.

The reason is that "a frank exchange of opinions may be unreasonably impaired or the neutrality of decision-making may be unreasonably impaired."

However, if we easily allow such reasons, the meaning of information disclosure that "monitors the decision-making process of the government" is completely lost.

Since Mr. Wishma's case is particularly inconvenient for the Immigration Bureau, I can only think that he is thinking of keeping everything private.

In this case, we file a lawsuit to throw a stone at the immigration bureau's secrecy.

[What is required in the proceedings]

Clarify the content of the disclosure request regarding Mr. Wishma's case, which was made by August 19, 2021 when I requested disclosure, and the content of the examination and decision-making process conducted by the Immigration Bureau when making a decision on this. I want to do it.

[Social significance of this case]

The immigration bureau's secrecy is a particular problem, but when requesting disclosure, other ministries and agencies may also claim the same "risk of unreasonably impairing frank exchange of opinions" and make it non-disclosure. ..

Since it is a document inside the government agency, there is usually such a "fear", and if you easily admit this reason, you may fall into a situation where the government agency does not disclose any information with this as a shield.

There are many other reasons why government agencies refuse to disclose, but the idea of the Information Disclosure Law that "disclosure in principle / not disclosed only when there is a special reason" is "non-disclosure in principle" in this disclosure request. I think that it will be a step to restore the current situation that has been overturned to the original way.

It is indispensable for the thoroughness of democracy to properly disclose information on administrative agencies that are originally citizens and citizens, not just the Immigration Bureau of Japan.

[Use of donations]

It is used for legal fees and legal fees (including success fees).

[A word from the defense team]

As long as it is a country of popular sovereignty and a country of democracy, all administrative documents should be open to the public.

In order not to allow operations that are kept private for arbitrary reasons, it is important to file a disclosure request "like a storm" and file a proceeding in case of a problem. I want to create such a flow in this country.

[A word from the plaintiff]

I have made about 2000 disclosure requests mainly to the national government and Tokyo over the last four years. Regarding the "Akagi File" related items of the Ministry of Finance, we are repeatedly requesting disclosure, and we are requesting an appeal examination for 50 non-disclosure decisions. We will fight to regain the original form of "principle disclosure".

WADA 開示請求クラスタ