Police Harassment

[shakehip]

Hi ! A few questions to anyone out there...

Are there any foreigners in Japan who've had problems with discrimination or harassment from police behaviour and would like to trade notes ?

Second, is there any clarification on the law in which Japanese police simply stop foreigners and young (even Japanese) people walking home (especially late at night ?) Is it constitutional ? In addition to having been stopped myself, they seem to just wait in the park and randomly stop people on a regular basis. Most recently I was "walking while white", completely sober, and had to endure a bit of questioning... I spoke to some friends and they said it wasn't because i was foreign, they do it to everyone... though I thought it was strange how the second I said, "Ich bin eine Amerikan," (in English) they let me go. I guess that automatically proved that I wasn't a rapist or a bank robber...

- - I also own a small business, and had to endure with some strange police tactics. A neighbor was conducting an "eigyo bogai" compaign by constantly calling the police against us... The police didn't want to come, so rather than go after the person for harassing us (they claimed the couldn't because they were calling anonymously) they tried to pressure us to close shop without siting any crimes. Apparently this is "normal" and perfectly legal... or is it ???

I admire the relative politeness of the Japanese police and low crime rate here, but I can't imagine that people don't have any issues with these random stops and the police claim that there are some laws that are not "black and white" and their right to "educate" and "mediate" in "grey" areas.

EP

[Mike Cash]

New vocabulary item for you: "shokushitsu" (職質), short for "shokumu shitsumon"

From 警察官職務執行法 (the relevant law):

第二条
１
　警察官は、異常な挙動その他周囲の事情から合理的に 判断して何らかの犯罪を犯し、若しくは犯そうとしてい ると疑うに足りる相当な理由のある者又は既に行われた 犯罪について、若しくは犯罪が行われようとしているこ とについて知つていると認められる者を停止させて質問 することができる。
２
　その場で前項の質問をすることが本人に対して不利で あり、又は交通の妨害になると認められる場合において は、質問するため、その者に付近の警察署、派出所若し くは駐在所に同行することを求めることがきる。
３
　前二項に規定する者は、刑事訴訟に関する法律の規定 によらない限り、身柄を拘束され、又はその意に反して 警察署、派出所もしくは駐在所に連行され、若しくは答 弁を強要されることはない。
４
　警察官は、刑事訴訟に関する法律により逮捕されてい る者については、その身体について凶器を所持している かどうかを調べることができる。

[shakehip]

Hi ! Wow, I understand about 70% of that... we just met and I communicate with you better than my wife ! ! ! But seriously, o.k. so would that justify "random stops", or for example stopping someone who's simply walking and dressed in the same manner as anyone else. - - As an example... there's this block and a turn that many people take to go home.... The police can usually be scene lingering at the part, then around the turn and usually they're questioning a person, usually younger, casually dressed people... obvoiusly not teenagers, but definitely young. In my case they were questioning one fellow, then when they were finished they biked after me... Actually, being from Philly when I heard a bike coming up behind me, I instinctively almost turned around and swung thinking I was about to get mugged, but then I remembered I'm in Japan, so I better look first... - - Now its true it was late at night, but its in an area where there are a lot of bars so a lot of the people aren't just customers of the bars, but people simply going home from work late at night... quite normal ? If I'm not mistaken, in the US random police stops are an "issue" but not quite illegal I believe (but I'm not a legal expert.) - - In all honesty, I thought the stop was a bit suspicious because the police had been pressuring us to close our shop (calling our house and shop) fairly regularly, so it was difficult to tell whether it was just a coincidence, or part of the harassment game.

[PaulTB]

若しくは犯そう
You know when I first saw that I thought 'Looking young as if to commit a crime ...' :p

No but seriously, I've seen at least one newsgroup post where somebody (apparently) Japanese has misread 若し and been corrected by somebody else. :okashii:

But seriously, o.k. so would that justify "random stops", or for example stopping someone who's simply walking and dressed in the same manner as anyone else.
I dare say the law is vague enough that a suitable 'reason' can be thought up afterwards if required.

[Elizabeth]

Second, is there any clarification on the law in which Japanese police simply stop foreigners and young (even Japanese) people walking home (especially late at night ?)
Yeah, and don't forget native cyclists -- not only foreign pedestrians get this police state treatment. My only experience was with a Japanese guy once on our way home from a karaoke box around 1 am when they pulled him over supposedly for a broken tail light which made them suspect the bike had been stolen. :? and asked for his registration card. Everything went smoothly, not sure what would have happened if he hadn't had the papers, but everyone is obviously very aware of the possibility they could be the next target so it was all quite routine.

[shakehip]

Oh that happened to me too once... I didn't have my headlight on and I was riding my mother-in-law's bike...so the bike had the name in Kanji... But I can understand that.... I mean, I don't look Japanese obviously... and recently I learned the hard way how dangerous it is not to have your headlights on when you ride your bike recently. I was driving my "mamchari" a bit too quick a few weeks ago... looked both ways before crossing, and some guy didn't have his headlights on... didn't see him and WHAM... luckily no one got hurt. But ever since I got pulled over for not having the lamp on, I've made sure to have it on every time...!

[Mike Cash]

One very important thing to keep in mind:

<obscure_allegory>
Every time I buy hamburgers at McDonald's in Japan, they hand the bag to a white guy. Happens every single time I go there.
</obscure_allegory>

[Elizabeth]

Oh that happened to me too once... I didn't have my headlight on and I was riding my mother-in-law's bike...so the bike had the name in Kanji... But I can understand that.... I mean, I don't look Japanese obviously... and recently I learned the hard way how dangerous it is not to have your headlights on when you ride your bike recently. I was driving my "mamchari" a bit too quick a few weeks ago... looked both ways before crossing, and some guy didn't have his headlights on... didn't see him and WHAM... luckily no one got hurt. But ever since I got pulled over for not having the lamp on, I've made sure to have it on every time...!
That's a good point....I hadn't considered the safety aspect. The weird thing was that it wasn't a ticket or warning or anything, though. The only justification was to verify this bike wasn't stolen property. Another lone, over-zealous vigilante taking the law into his own hands.... :-)

[Kamisama]

Foreigners should learn karate and be all like...

Omae yaru ka??

and then just say it over and over again until the person touches you.

And then bust out on the person.

Even if they touch your shoulder or pat you..

One very important thing to keep in mind:

<obscure_allegory>
Every time I buy hamburgers at McDonald's in Japan, they hand the bag to a white guy. Happens every single time I go there.
</obscure_allegory>

Mike i would be all like... Nihonjin yo!! Nihonjin wo kudasai!!

[PaulTB]

Mike i would be all like... Nihonjin yo!! Nihonjin wo kudasai!!
I think you have misunderstood Mike's not really very obscure at all allegory.

[Xert]

One very important thing to keep in mind:

<obscure_allegory>
Every time I buy hamburgers at McDonald's in Japan, they hand the bag to a white guy. Happens every single time I go there.
</obscure_allegory>


This had me rolling around on the floor. NIce Nice

[Mike Cash]

Remember the scene in "City Slickers" where they arrive at the ranch and meet the father-and-son dentists?


Phil Berquist: Where are you from?
Ben Jessup: Baltimore. We have a dental practice there.
Mitch Robbins: Really, you're both dentists?
Steve Jessup: Yes! We're black AND we're dentists. Let's not make an issue out of it.
Ben Jessup: Eh, they're not making an issue of it. You're making an issue of it.


Which goes along with my obscure allegory quite well, I think.