Death of Suraj

Never could I forget about that case.

Suraj is a Ghanaian national, who lived in Japan with his Japanese wife. The Immigration Services Agency of Japan did not recognize Suraj’s residential status in Japan based on his marriage, and deportation again Suraj began forcefully without prior notification.

Suraj was suddenly taken out of the detention center and brought to the airport. Six officers held him tightly, while his hands and feet cuffed, and mouth gagged. Suraj shouted it hurts many times, and his body writhing due to pain, but he never exhibited violence to the officers. However, one of the officers pushed him with extreme force. Suraj fell down, lost his consciousness and never woke up again.

Compensation claims against the government are generally considered extremely difficult in Japan. But Suraj’s wife and mother, as well as the Japanese attorneys including me started filing the case without hesitation, even if it is clear that the cost of the litigation cannot be covered.

In response to our pleading, the government argued that Suraj died from very rare heart dysfunction, while being surprised by the absurdity of the government’s argument, we are undaunted to continue the fight.

Doomed Defeat

In Japan, services of the specialized forensic pathologists, who can determine rare causes of death, are managed by the government. The government used the specialized pathologists to support their arguments, but we have neither economic or human resources to find any doctors to provide counter arguments in Japan.

Therefore, we spend countless hours searching and translating similar cases abroad by ourselves. We reached out to experts who studied sudden death after acute bodily suppression in Britain, and dived into the details of death after police violence cases in the U.S. After three-years of litigation with ten witnesses testified in court. The lower court ruled that the immigration officer was responsible for Suraj’s death.

However, the government immediately appealed to the high court, and the high court without questioning the immigration officers in court directly, overturned the lower court ruling, and decided that the government is not responsible. Appeal to the supreme court to overturn the case again is almost impossible, because the supreme court only rules on important questions of laws.

Eventually, the six years of efforts studying cases, translating documents, and refining arguments ended up with the absurd court decision that Suraj’s death was caused by a rare case of heart dysfunction.

Even today, the ill treatment in detention centers and violence by officers during the deportation procedures in Japan are still rampant. Whenever we hear such incidents, we are swamped by helplessness and remorse.

Court Stopped the Executive Order

I was disappointed and exhausted by my experience with the judicial system in Japan. I quit my profession as a lawyer to refresh my mind, and went to live in the suburbs of the U.S. while studying subjects other than law. While being in the U.SI was told the Supreme Court did not accept our appeal, which I was not so surprised about.

One day, I saw the news about President’s Trump’s Muslim Travel Ban,which only made me lament that even a country known for its diversity and freedom cannot be exempt from the unfortunate situation of unfair treatment of foreigners.

Yet, one day, when I was watching TV, one of the protesters’s word “it’s time for the court to act!” blew my mind. My brain and body froze for a while, templating the protester’s words. Such a reaction to injustice is unthinkable in Japan.

Later, I saw on TV attorneys sitting on the floor of the airport to speak with and help those affected by the travel ban. Words like “Let’s support these lawsuits. The court will protect the society!” spread on the internet, and over millions of funds were collected instantaneously.

On the same day, I saw on TV news that people were waiting outside the court for the lawsuit result.
“The court ordered to suspend the execution of the travel ban. Our freedom and equality won.” Applauses burst out, and the excitement of the crowds lingered outside the court.

Open Up the Society with Litigations

When the government acts unjustly, such as violating the rights of immigrants, the judicial branch will intervene, correct or stop the wrongful situation. People believe in the power of the judicial system in protecting their rights.

This is the kind of system where the court wields the power for social changes, and a lawsuit is not only for one particular plaintiff but for all living in the same society.

Can such a system also be realized in Japan? Are there people who think the same and are willing to overcome and endure hardships together while helping each other out? At least, it is something that I have to give a try before completely leaving the legal field.

Therefore, after finishing my study in the U.S., I returned to Japan, looked for like-minded partners and started CALL4.

CALL4 is a platform for connecting society through lawsuits, as well as a playground for people to experience and participate in public litigations. The lawsuits are not only for the plaintiff but more importantly for all of us, who are composite of the same society.

Mutual understanding and the sharing of feelings make us strong and our social justice protected. Whether it is injustice, violation of freedom, or unfair treatment, we believe that it cannot be solved by one single person, but by many voices heard and individuals connected. We hope CALL4 is a place where more and more people can actually engage in such a social action.

You will learn more about public-interest litigations in Japan and CALL4 by browsing our cases, and no matter what kind of values you hold up to and what kind of things you can offer, changes can spring out of the simple act of knowing the unknown.

Text by Motoki Taniguchi(CALL4)
Edited by Orie Maruyama(CALL4)
Translated by Tracey Cui