Idubor, the lack of a speedy trial, imprisonment without evidence, and how you can help

Filed under: Japan in the News
Posted by Garrett DeOrio at 12:08 pm on Tuesday, September 4, 2007

Readers of Debito.org will be familiar with the case of Mr. Osayuwamen Idubor.

For those who are not familiar with it, here’s the nutshell version:

On January 22, 2007, Mr. Idubor, proprietor of Big Ys Cafe in Yokohama, was arrested on charges of raping a woman at his bar on Novermber 1, 2006.  (Or, rather, “semi-raping” - a legal distinction meaning that the victim was unconscious or otherwise incapacitated at the time of the incident.  Mr. Idubor’s accuser claims to have been severely inebriated at the time.)

At least two witnesses say Idubor was never alone with his accuser in the bar and saw nothing of which he is accused.  His accuser has given erratic and inconsistent testimony, with some key claims being disproven.  Worst of all, there is no physical evidence, whatsoever, that a rape took place, much less that Mr. Idubor is guilty of such a crime.

Mr. Idubor has been imprisoned since his arrest, the court denying him bail based on his Nigerian citizenship, which, they say, makes him a high flight risk.

In addition, he has a spreading and steadily worsening rash on his scalp and is bleeding from the ear.  As in the Valentine case, he is not receiving adequate medical attention.

Those even glancingly familiar with the Japanese criminal justice system will be aware that judges unconditionally support prosecutors, often giving prosecutors exactly what they ask for.  With exceedingly few exceptions, defendants in criminal trials are found guilty.

One of the few ways to get any semblance of a fair trial is to make a case as high-profile as possible, thus putting public pressure on the judges.

How can you help?

Michael H. Fox of Hyogo University, who runs the Japan Institute for Wrongful Arrests and Convictions, makes the following suggestions:

1) Start a fax campaign to Yokohama Prosecutor’s Office that Idubor be released on bail
2) An e-mail campaign is also possible. After doing some surfing, I discovered that Yokohama Kensatsucho has a home page that invites members of the public to register as court watchers to complement the saibanin seido slated to begin in May of ‘09

And an e-mail is listed, very, very unusual for the forces of law and order! And good for us.

3) Contact the Kokumin Kyuuenkai and get help for supporting the case.

4) Publicize the case ourselves.

5) Offer support to the accused and his wife.

6) Get people to attend court.  (The next hearing is on October 11, 2007 at 2:00 p.m. at Yokohama District Court.)

If you’d like to accompany Mrs. Idubor on one of her many visits to her husband, please e-mail Arudou Debito at debito@debito.org and title yor message “Idubor Visit Request.”

The loss of the main breadwinner plus mounting legal fees has put quite a bit of pecuniary strain on the Idubor family.  Mrs. Idubor is running Big Ys Cafe for the time being.  Go there, buy a drink or three, then buy a couple of rounds for the house.

The address:

横浜市中区山下町106-3 ラポート元町104号

Yokohama-shi Naka-ku
Yamashita-cho 106-3
Laport Motomachi 104
Tel. 045-662-2261

If you’re feeling generous and would like to contribute to Mr. Idubor’s legal defense, please comment below and tell us you’re interested, or contact TPR or Debito Arudou, and we’ll tell you what to do.

Please do what you can.  There, but for the grace. . .

Thanks.


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21 Comments »

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Comment by Lisa Esebamen

September 6, 2007 @ 5:54 am

It is really sad to note that Japan with its high reputation can treat foreigners like animals. I personally will never visit japan since foreigners are not welcome. regarding the case if they are scarred of him leaving the country they can keep his passport but at least grant him bail cos it will be much more of a problem if his health fails him.

Comment by DeOrio

September 6, 2007 @ 12:31 pm

One on hand, I’d tell you not to throw the baby out with the bathwater, Lisa. While Japan is not a bastion of openness and certainly has a few obstacles for resident foreigners to overcome, plenty of people, including all of us here at TPR, have managed to carve out a niche and fit in well enough to get along. Mr. Idubor was welcomed enough to stay for 17 years and open a business, after all.

The police are another matter. If his health fails, it won’t matter to them. No matter what they do to him or what happens to him, the police will not be held responsible.

I agree, though, there are easy ways they could bail him out and prevent him from leaving. Anyway, his wife, his business, and his home of 17 years are here - it wouldn’t be that easy to go on the lam.

Comment by J

September 6, 2007 @ 2:13 pm

Please be careful. Anyone has the right to “peacefully” petition at any Government organization in Japan, but flooding public prosecutor’s office with junk fax and junk email could be considered obstruction of law enforcement. Likewise, you could face abetment of obstruction of law enforcement charges. I do not mean to intimidate you, but rather I do not want you to fall into easy trap they have. Consult your lawyer.

As to bail, please do not link this to discrimination against foreigners. Japanese prosecutors and courts will not allow bail unless the person in custody, if he is a Japanese or not, admits guilty. Strange? Yes, it is an absurdly strange practice. A lot of Japanese are against it. So am I. Japanese Lawyers Association issues opinion against such practice every year. But things have not changed.

By the way, the words “there is no physical evidence, whatsoever,” reminds me what PM Abe said about comfort women.

Comment by DeOrio

September 6, 2007 @ 2:48 pm

The suggestions for action, other than donating money to help the Idubors pay bills, are not those of TPR, but are those of Michael Fox as posted on Debito.org. I definitely agree that any action trying to raise the profile of any case could certainly backfire - both for legal and extralegal reasons.

For our part, TPR is seeking to help raise the profile of Mr. Idubor’s case not because he is Nigerian, but because neither the prosecution nor the police have produced any physical evidence at all. Furthermore, the police’s own investigation has found that the accuser’s statements (which are varied and inconsistent) have not checked out.

At this point, we are necessarily pushing for Mr. Idubor’s acquittal, but for a fair trial in which he is presumed innocent and evidence of his having committed a crime must be presented in order for him to be imprisoned. Regardless of his guilt or innocence, the man at least deserves medical attention.

The plain and simple facts are that he has been held for quite some time without trial - possibly in accordance with the letter of the law, but not the spirit and not justly.

Bail being rejected because he is Nigerian is precisely what the court said - that was not my speculation. Is it feasible that he could be a greater flight risk? Yes, of course. Is it likely? Not particularly, and there are any number of measures that could be employed to prevent him from leaving short of seven months of imprisonment.

The great discrimination in this case is not against foreigners in general or Nigerians in particular (although it would be naive to pretend that the police and legal systems of Japan have no bias against Africans), but against the accused. Fair criminal trials and transparent investigations are simply all too rare. At a minimum, every accused person - Japanese or foreign - deserves his day in court and a fair trial in a timely fashion. A legal system that cannot or will not provide this is failing.

I don’t think the comparison with Mr. Abe’s comments re: the comfort women is at all valid - the circumstances are entirely different, not least because there is quite a bit of evidence, some of it even recognized by the government of Japan, to suggest that the claims of former comfort women are true.

Comment by Napoleon Esebamen

September 7, 2007 @ 7:55 am

Let us be honest with ourselves, if it was Japanese national that was arrested in Nigeria for the same period and reasons as the idubor’s case what would the prosecution say to that. Everyone says the Japanese legal system is a failure, according to J one has to admit to a crime he/she did not commit to be given bail. I believe this case should be given wide publicity so that japanese and the world at large could see this atrocity. It is inhumane in this day and age to deny one medical treatment under custody. With all this failings why should japanese nationals enjoy this benefits in other countries when they deny foreigners in thier country this priviledge. It is absolutely disqusting and i pray that who ever is reading this should help send links to thier friends and relatives so that this unjust system is abolished. Who knows how many other foreigners are passing through the same ordeal with thier case passing unoticed.
God almighty will grant Idubor victory over his captors. Amen

Comment by DeOrio

September 7, 2007 @ 1:01 pm

To defend J a bit - he’s merely relating police practice, that’s not his own opinion.

To take the obvious bait here, Napoleon, I would certainly not say that Nigerian law enforcement is a model to be followed. If a Japanese person were arrested there, he’d probably be with an oil company or the government, so there’d probably be pressure to release him, which is unfair, but Nigeria has its own problems with the mistreatment of prisoners.

That said, you’re right on the big points. It is sickening that a man is allowed to rot in jail with a worsening medical condition and that a refusal to confess is a sign of guilt. Not unlike witch trial, no? If he floats, he’s a witch, burn him. If he drowns he wasn’t a witch.

And, yes, I hope everyone will forward this along and help publicize his case.

Anyone going to make a donation to help him and his wife in the here and now?

Comment by TheTaste

September 8, 2007 @ 4:28 pm

Hey you 怠け者’s. Where’s my TPR at? You’ve made me like Japanese politics, at least as a spectator sport. Without TPR it’s like watching baseball without the color commentary. Sorry off topic.

Comment by DeOrio

September 8, 2007 @ 7:52 pm

You mean TPR News? Seijigiri? BizCast? It’s all coming - we’re not a sprightly as we used to be, but there’s a new edition of TPR News due out any minute now.

Comment by John H

September 13, 2007 @ 6:35 pm

The only problem I see with this story is that we actually have no idea whether or not there is or isn’t any evidence. All of the above is basically just heresay.

But, if it is in fact true, then of course this is outrageous and yet another reason why foreigners (myself included) never feel truly welcome in this country. I’ve been in Japan 6 years now, and a few years ago nearly bought property here. Ironically, I would have had I had ‘a Japanese wife’ they said. It turns out, I couldn’t even be married to a western woman… she would have to have been Japanese or I wouldn’t have been given a loan. Then I was told that she’d be applying for me, if I were in fact married.

In other words, because I’m not Japanese, there was no way the bank would consider my loan. It wouldn’t have mattered how long I’ve lived in Japan or what my income was. A lawyer friend of mine, Japanese Canadian, who could literally buy a house with cash within a year, re-itterated how hard it was for him to get a loan for his apartment.

Frankly, I consider myself lucky. It was the ‘no foreigners please’ attitude that kept me from staying here permanently, and the banks secured the decision for me before I realised just how bad it is here. Foreigners are treated like animals in this country by officials and law-enforcement. Such a strange contrast to the warmth and generosity of the majority of the public. It’s odd… in the west you’re usually being discriminated against by idiots on the streets. It’s the politicians and officals that at least pretend to be fair and accepting. In Japan it’s the exact opposite. They’ll blatantly admit that ‘all foreigners are criminals’ in public. Wasn’t it Ishihara that said that?

Anyway, this case doesn’t surprised me much. But it does remind me that my days in Japan are definitely numbered. Very sad to say, but we’re just not welcome here. I agree that it’s disgusting that in our own countries we at least have a ’system’ where we have a chance to fight racial injustices. Far from perfect, but at least it exists…

Comment by John H

September 13, 2007 @ 6:40 pm

I meant to say “I agree that it’s disgusting that we have a ’system’ in western countries… but no such system exists in Japan.”

Comment by DeOrio

September 13, 2007 @ 9:57 pm

The absence of evidence isn’t really heresay - we know what the police have cited in the indictment and what they told Idubor’s lawyer. Presumably, the police wouldn’t leave out physical evidence.

As for the being hated thing - don’t throw the baby out with the bathwater. Things are not what they should be, but the situation is improving. It’s hard to change the attitude towards foreigners in a country where foreigners, especially visible foreigners, make up such a minuscule percentage of the population.

Part of the problem in seeing the big picture is that we only know about times when things aren’t working. It’s impossible to count the times any individual foreigner could have been harrassed by the police, but wasn’t. It’s a lot easier to keep track of the times something doesn’t work, the times, for example, when a foreigner is harrassed by the police.

As for getting a loan, you’ll find somewhat similar rules in most countries. If a couple applies for a loan and neither is a citizen (or even a permanent resident?), that’s going to be difficult regardless of income. It is true that a foreigner is more likely to leave the country, at which point the lending institution would have little or no chance of tracking him down and getting its money back.
I’m not sure if I’d call the hurdles foreigners face in getting home loans a symptom of racism. Of course, it could be, but it could also be reasonable risk management on the part of the bank.

Comment by Ken Y-N

September 13, 2007 @ 10:53 pm

John H: may I hazard a guess that you were not working as a seishain in Japan, but instead were on some form of yearly contract? I had no problem getting a loan of 5x salary a few years back.

Comment by DeOrio

September 13, 2007 @ 11:46 pm

And John, as for Ishihara, as far as I know, he has not said “all foreigners are criminals.” What he did say, which was reprehensible, was that, in the event of a major earthquake, people would have to be on the lookout for rioting and looting by Koreans. This was a racist statement born of ignorance. Apparently at one point, the quasi-pogrom in which Koreans were massacred after the Great Kanto Earthquake of September 1923 was explained away by saying that the Koreans turned violent and were rioting and looting, so other Tokyoites, including some members of the fire department, had to react forcefully.

It now seems that most historians agree that what happened was a lot closer to lynchings than riot control and that there is not any hard evidence to support the claim of rioting and looting.

Comment by DeOrio

September 17, 2007 @ 4:26 am

UPDATE:

Mr. Idubor’s hearing has been pushed back to October 18th because the interpreter as his last hearing was incompetent enough to be fired.

In the interim, he’s been been moved to a cell too small to allow him to stretch his legs.

Because he’d be entitled to compensation for his lengthy imprisonment if found not guilty, his lawyer thinks the best he can hope for now is a suspended sentence.

There are considerations other than criminal justice involved, which is just plain wrong.

Please, if you’re reading this, please have the decency to help the guy at least not have his livelihood destroyed by this ordeal. There’s no chance of you inadvertently supporting a guilty man, it would merely be helping to obtain a reasonable hearing based on evidence - unlikely, but one must try.

Tut-tutting over the situation isn’t enough. Put your money where your mouth is. Get in touch with us or Debito and donate a little - every yen helps.

If you’re out for a drink, go by Big Ys Cafe in Yokohama. You’re going to have a drink anyway, right?

Comment by lisa

September 20, 2007 @ 2:57 pm

I am mr idubor’s sister and i am really frustrated about what the japanese system is doing to my brother. Can any one please advise me on what to do to bring my brother out of this suffering. Are there lawyers who are not japanese over there who could help the case or human rights activist i can talk to. Please help.
Thanks.

Comment by DeOrio

September 20, 2007 @ 4:48 pm

Lisa, it’s good to hear from you. There are very few lawyers who can argue in court. Unfortunately, the Japanese criminal justice system, in effect presumes guilt.

Your sister-in-law has been in touch with Debito Arudou, to whom she was referred by Amnesty International in Japan. Amnesty International does not deal directly with cases in the countries in which they are stationed, but instead refers cases back to their London head office, which they have done with your brother’s case.

While Japanese defense lawyers often complain about the unfair nature of the justice system, many see no practicable way around it in individual cases for the time being. As I understand it, your brother’s lawyer is hoping for a suspended sentence, the worst feature of the system being that, now that this has gone on so long, the police and prosecutors will insist that your brother confess to something, even if he did nothing.

This must be hell, for your brother, for his wife, and for you, and our sympathies are with you. We’ll try to keep this in the public eye, but the frustrating thing is that I do not know what can be done to help your brother or the numerous others who are also being unfairly imprisoned.

Keep working on it, don’t give up.

To anyone else reading this, please help out. Talk about it, yes, but donate some money, too. Blogging and talking alone are simply nowhere near as helpful as giving a little cash. The Idubors still need to keep their heads above water and go on with life after this nightmare is over.

Comment by Sen

September 21, 2007 @ 3:27 pm

As a Nigerian American in Japan, I would like to help. Do you have the postal code for Mr. Idubors shop. I would like to send them a letter.

What exactly prevents lawyers or other associations from changing these kinds of laws?

Comment by Pellegrini

September 22, 2007 @ 1:30 am

Sen,
Good question.

Perhaps the major thing preventing reform is the fact that up until quite recently, most people thought that the system worked just fine.

For more details on the backwardness of the justice system, read (or listen to) this other TPR article (sorry for the self-promotion).

Comment by Sen

September 22, 2007 @ 1:40 am

Speaking of the system working just fine, look a this:
http://en.wikipedia.org/wiki/Milgram_experiment

Any postal code for Mr. Idubor, anyone?

Comment by DeOrio

September 26, 2007 @ 2:52 pm

Sen, I’ve been trying to find out - asking people who might know or who might be in touch with the Idubors. I’ll get it up here ASAP. Thanks for your patience and thanks for being willing to help out.

Comment by Arudou Debito

September 27, 2007 @ 7:09 pm

Hi. Postal code for Idubors

231-0023

Debito

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