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hadji murad
Apr 18, 2006
While one can doubt the sincerity it was a good response. A weaker one and I'd have started going to Omiya.

In December Zenit St Petersburg fans displayed racist banners, caused disturbances and set off fireworks. They were fined 40,000€ and had a partial stadium closure. Urawa is expected to incur costs of $1,000,000 USD.

That fine against Zenit came from UEFA which is in charge of the whole of European soccer and organizes the second biggest tournament in world football. It is also being appealed as is similar behaviour by a Greek team. Urawa's management is also taking a 'voluntary' pay cut.

So yeah, I think it is a big reaction against racism for Japan and also for football.

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Shinobo
Dec 4, 2002

Zo posted:

I hadn't seen that second quote reported. That's far less hand-wringy.

I'm having a trouble understanding how this:

quote:

“There are various interpretations of what constitutes discrimination, but the important thing is not the intention but the way it is perceived by the victim,” said J. League chairman Mitsuru Murai. “With that in mind, this case can be considered nothing other than discrimination"


is considered hand-wringy. He's saying that the intent doesn't matter, only the fact that the people who were the target of it felt offended. This prevents people from playing the "ohhhh but we didn't MEAN for it to be racist and therefore it can't be!" card. He follows it up with a very clear statement that there is no way this CAN'T be considered discrimination. He's basically saying that the supporter's excuses are pointless.

That strikes me as extremely unhand-wringy.

Zo
Feb 22, 2005

LIKE A FOX

Shinobo posted:

I'm having a trouble understanding how this:


is considered hand-wringy. He's saying that the intent doesn't matter, only the fact that the people who were the target of it felt offended. This prevents people from playing the "ohhhh but we didn't MEAN for it to be racist and therefore it can't be!" card. He follows it up with a very clear statement that there is no way this CAN'T be considered discrimination. He's basically saying that the supporter's excuses are pointless.

That strikes me as extremely unhand-wringy.

Because the banner is obviously intentionally racist and that should be the point. The intent does matter and it matters a lot. Whether people get offended should be a distant second focus - recall that story of a student getting offended at a professor using the word "niggardly" for example, it's obviously NOT a case of discrimination despite some idiot getting offended.

Anyway I'm happy to be wrong in this case seeing as he straight up called the banner racist, which it is.

Samurai Sanders
Nov 4, 2003

Pillbug
On the other hand, the NON racist shithead population of Tokyo always does a good job of showing us that they are still in the majority.

Samurai Sanders fucked around with this message at 06:37 on Mar 19, 2014

Shinobo
Dec 4, 2002

Zo posted:

Because the banner is obviously intentionally racist and that should be the point. The intent does matter and it matters a lot. Whether people get offended should be a distant second focus - recall that story of a student getting offended at a professor using the word "niggardly" for example, it's obviously NOT a case of discrimination despite some idiot getting offended.

I think you're right about the banner being intentionally racist. That fact is obvious. I'm not so convinced that, especially in the case of Japan, intent should be primary in determining factor of whether or not someone is guilty of racism. In the case you mentioned there is no "victim" because there was no racial content to the word. It would be like someone getting mad at the word "car" for some odd reason. There was racial content in the banner and therefore the intent of the banner is irrevelant, as per Murai's comments.

The intent cannot be the most important thing or else the burden of proof is removed from the accuser and placed on the victim to somehow "prove" intent. Imagine how impossible that would be in this case. The supporters could have manufactured all sorts of excuses to try and defend their actions while the loosely organized and ill defined victims would be forced to disprove any reason given as uncredible. Murai side stepped that logic trap deftly by defeating their protests before they even existed.

The recent issue with ANA's stupid ad campaign is another good example of why intent cannot be a good metric I think. That was also very clearly racist, but I doubt very seriously that ANA's marketing department shares a similar worldview to those of the supporters. They didn't intend for the commercial to be insulting and idiotic, but it totally was.

Zo
Feb 22, 2005

LIKE A FOX
At this point I think we're just arguing over nomenclature (like "victim"), and I don't actually disagree with anything you wrote, so maybe we can just wrap this up as a win and a step forward for japan.

mystes
May 31, 2006

Historian Hirofumi Hayashi has found proof in the form of testimony from a 1962 Ministry of Justice report that the military was involved in transporting comfort women and it paid local people to keep quiet: http://www.globalpost.com/dispatch/news/kyodo-news-international/140322/japans-wartime-military-used-money-cover-sex-slavery-0

quote:

The Imperial Japanese military used money to cover up its use of sex slaves on the Indonesian island of Bali during World War II, according to a group of university researchers, citing a document found at the National Archives of Japan.

A Japanese chief warrant officer stationed there during the Pacific War told a Justice Ministry investigation in August 1962 that he brought about 70 women to the military brothels and about 200 more by order of his military unit, according to the document.

He also said he was given about 700,000 yen to use to appease local residents. The officer said using money worked really well and there was not one complaint related to sex slavery.

mystes fucked around with this message at 00:24 on Mar 23, 2014

Reverend Cheddar
Nov 6, 2005

wriggle cat is happy

mystes posted:

Historian Hirofumi Hayashi has found proof in the form of testimony from a 1962 Ministry of Justice report that the military was involved in transporting comfort women and it paid local people to keep quiet: http://www.globalpost.com/dispatch/news/kyodo-news-international/140322/japans-wartime-military-used-money-cover-sex-slavery-0

What's the big deal, every country did it. :colbert:
[/hashimoto]

Sheep
Jul 24, 2003
Devil's advocate reply, one person's statement does not conclusive evidence make.

Also:

quote:

A Japanese chief warrant officer stationed there during the Pacific War told a Justice Ministry investigation in August 1962 that he brought about 70 women to the military brothels and about 200 more by order of his military unit, according to the document.
[...]
The former Japanese Navy officer also said what he feared most was the existence of these wartime brothels becoming known, according to the archive.
... does not jive. If he was worried about it becoming known, why would we go on record with the Ministry of Justice talking about it?

Sheep fucked around with this message at 14:27 on Mar 23, 2014

mystes
May 31, 2006

Sheep posted:

Also:

... does not jive. If he was worried about it becoming known, why would we go on record with the Ministry of Justice talking about it?
It's not very clear from the way this article is phrased, and the Japanese version is slightly different and doesn't include that line, but I think maybe they mean that he had feared it becoming known at the time he was involved, not that he feared that at the time the conducted the investigation.

Hopefully they will publish the actual document.

Edit: The Japan times has fairly high resolution images of the first two pages. The end of the second page has "これが効を奏したと見え、一番心配した慰安所の件は一 (end of page)". If this is the source of that line in the English version of the Kyodo newswire article, it was probably at the time he was involved that he was worried about it.

mystes fucked around with this message at 15:07 on Mar 23, 2014

Wibbleman
Apr 19, 2006

Fluffy doesn't want to be sacrificed

mystes posted:

It's not very clear from the way this article is phrased, and the Japanese version is slightly different and doesn't include that line, but I think maybe they mean that he had feared it becoming known at the time he was involved, not that he feared that at the time the conducted the investigation.

Hopefully they will publish the actual document.

Edit: The Japan times has fairly high resolution images of the first two pages. The end of the second page has "これが効を奏したと見え、一番心配した慰安所の件は一 (end of page)". If this is the source of that line in the English version of the Kyodo newswire article, it was probably at the time he was involved that he was worried about it.

Its not very clear whether the hush money was for there being a "comfort station" placed near their village, or that they were taking woman from the village for the troops use. Obviously the first is pretty banal and not really telling as evidence of the abuses that happened. And if the 2nd then it's more proof for the pile of evidence supporting the Kono statement.

Zo
Feb 22, 2005

LIKE A FOX
Oh wow there's going to be a retrial for Iwao Hakamada

http://www.japantimes.co.jp/news/2014/03/27/national/japanese-court-decides-to-reopen-1966-murder-of-four/

Longest death row duration inmate in the world. And this is the unimaginably cruel japanese death row (which, among other things, doesn't tell you the date of your execution until the morning of, so everyday is immense psychological torture).

I've been reading about his case since last year when several news sources ran a story on him. I really hope he gets out but I wonder how sane he still is. The normal Japanese prison is already often described by human rights organizations as being inhumane (for very different reasons than american prisons; this is not a contest) and this guy was on death row.

Paper Mac
Mar 2, 2007

lives in a paper shack

Zo posted:

The normal Japanese prison is already often described by human rights organizations as being inhumane (for very different reasons than american prisons; this is not a contest) and this guy was on death row.

Can you elaborate on those reasons? Not at all familiar with the Japanese prison system.

NeilPerry
May 2, 2010

Paper Mac posted:

Can you elaborate on those reasons? Not at all familiar with the Japanese prison system.

Here's a good doc: https://www.youtube.com/watch?v=BJp9nKaO7c4

Zo
Feb 22, 2005

LIKE A FOX

Paper Mac posted:

Can you elaborate on those reasons? Not at all familiar with the Japanese prison system.

In summary, Japanese prisons are extremely orderly and safe, but impart severe psychological damage as a result of countless rules (many of which are entirely pointless except as show of control, down to when you can speak, move, stand, look up at the person speaking etc), eagerness to use isolation and other harsh methods of punishment at breaking any one of these rules, and total lack of transparency (and therefore accountability).

The last point is particularly troublesome because most of the evidence you see in articles comes from first hand accounts which are easily denied, and unreliable state-sponsored press "tours".



Death row is much worse of course. Isolation for years at a time, not knowing the time but knowing you might get called to die at literally any moment.

Paper Mac
Mar 2, 2007

lives in a paper shack
Thanks, appreciate the doc and summary!!

Dr.Radical
Apr 3, 2011
I know a dude who was tried for drug smuggling, was acquitted, was retried, and recently got his sentence of 11 years. The Japanese legal system is loving awful.

Samurai Sanders
Nov 4, 2003

Pillbug
Well, if we're talking about the absence of anti-double-jeopardy laws that's hardly a Japanese thing, as evidenced by the recent trial of an American in Italy.

Dr.Radical
Apr 3, 2011
That and the conviction rate is ridiculous.

Lucy Heartfilia
May 31, 2012


Dr.Radical posted:

That and the conviction rate is ridiculous.

The state attorneys are just very good at their jobs. Nothing to see here. Please move on.

Original_Z
Jun 14, 2005
Z so good
Anyone who is interested in the legal system should watch the movie "I just didn't do it", based on a true story of a fake chikan accusation. Despite having tons of evidence to exonerate the accused, he still gets convicted for fairly arbitrary reasons. Really shows how messed up the legal system is in the country, and how the judges and prosecutors are in bed with each other, only caring about winning, with little interest in serving justice.

Mezzanine
Aug 23, 2009

Original_Z posted:

Anyone who is interested in the legal system should watch the movie "I just didn't do it", based on a true story of a fake chikan accusation. Despite having tons of evidence to exonerate the accused, he still gets convicted for fairly arbitrary reasons. Really shows how messed up the legal system is in the country, and how the judges and prosecutors are in bed with each other, only caring about winning, with little interest in serving justice.

Seconding this. Really, this movie told me all I needed to know about the Japanese legal system. If I had to point to a single event that started me on the path from "I wouldn't mind living here until I retire" to "Only a couple more years before I move back", it would be watching this movie.

Samurai Sanders
Nov 4, 2003

Pillbug

Original_Z posted:

Anyone who is interested in the legal system should watch the movie "I just didn't do it", based on a true story of a fake chikan accusation. Despite having tons of evidence to exonerate the accused, he still gets convicted for fairly arbitrary reasons. Really shows how messed up the legal system is in the country, and how the judges and prosecutors are in bed with each other, only caring about winning, with little interest in serving justice.
In American cop shows anyway (and I assume at least somewhat in reality), there's a lot of friction between the DA's office and the police, as well there should be I suppose. It seems in Japan there is no friction; the police are just the prosecutor's loyal foot soldiers and that's it.

Deep State of Mind
Jul 30, 2006

"It was a busy day. I do not remember it all. In the morning, I thought I had lost my wallet. Then we went swimming and either overthrew a government or started a pro-American radio station. I can't really remember."
Fun Shoe
The documentary film version of Freakonomics (which I just watched the other day) in the segment about sumo got a little bit into the issue of policing in Japan. Beyond just the massive conviction rate, apparently the police don't even take cases unless they're sure they can solve them. That also leads to an absurdly high case-solving rate that makes everyone feel good.

NeilPerry
May 2, 2010

Bloodnose posted:

The documentary film version of Freakonomics (which I just watched the other day) in the segment about sumo got a little bit into the issue of policing in Japan. Beyond just the massive conviction rate, apparently the police don't even take cases unless they're sure they can solve them. That also leads to an absurdly high case-solving rate that makes everyone feel good.

Also, I remember reading that police can, in theory, lock you up for up to 28 days fairly easily while they attempt to get a confession out of you. Of course, anything with a confession will probably go through and get a conviction.

EDIT: Although, a conviction isn't always that big a deal, especially if you showed remorse and never tried to obstruct the police. I was always told to plead guilty no matter what, even if I were innocent.

LyonsLions
Oct 10, 2008

I'm only using 18% of my full power !!!!!!!!!!!!!!!!!!!

NeilPerry posted:

EDIT: Although, a conviction isn't always that big a deal, especially if you showed remorse and never tried to obstruct the police. I was always told to plead guilty no matter what, even if I were innocent.

That is terrible, dangerous advice.

Samurai Sanders
Nov 4, 2003

Pillbug

LyonsLions posted:

That is terrible, dangerous advice.
It's exactly what they need to maintain their terrible police practices forever, yeah. Way more people in Japan need to know what the police's job really is and act accordingly. Well, maybe more people everywhere in general.

Samurai Sanders fucked around with this message at 10:32 on Mar 27, 2014

Zo
Feb 22, 2005

LIKE A FOX

NeilPerry posted:


EDIT: Although, a conviction isn't always that big a deal, especially if you showed remorse and never tried to obstruct the police. I was always told to plead guilty no matter what, even if I were innocent.

Nah for this part it's similar america. Do not cooperate, call a lawyer, settle out of court. Police here are not out to help you in any way.

http://www.japantoday.com/smartphone/view/crime/guilty-and-never-proven-innocent-every-male-train-riders-nightmare-in-japan

quote:

Attorney Takashi Nozawa provides the following advice to anyone who might find themselves caught up in this nightmarish, no-win situation
...
If caught in such a situation, what should one do?

First off would be to run away from the scene, this is one of the most rational responses when considered from a probability perspective. Your first thought is more than likely wanting to prove your innocence, however, in groping cases this is extremely difficult. If you think about the low chances of the police catching you if you quickly escape from the scene, running away is a rather compelling choice.

What should you do if escape is not an option?

To begin with, it would probably be a good idea to immediately and very angrily deny the accusation on the spot.
...

If the police show up, what you must not do is silently obey and follow them to the station. Try anything to avoid going to the station; though you are innocent, it might be in your best interest to try apologizing for a “misunderstanding” that can be taken care of at the train station master’s office. If you go to the police station and continue to deny the charges, they will often keep you in custody for a period of one week to 10 days.
...
If you are taken into custody on charges of groping, the first thing you need to do is call a lawyer. The lawyer can then call your family to inform them of the situation, and then a family member can call your employer and tell them you have suddenly taken ill and need a few days off. If someone from the company says they would like to visit you at the hospital, the family member can provide evasive answers and say something like the doctor has ordered “quiet rest” with no visitation allowed.
...
It is understandable that those accused may not feel fully satisfied with having to make an out-of-court settlement despite the fact that they are innocent, but as a lawyer, what I am trying to get them to agree to is only that they “touched” the accuser, not that they “intentionally touched” her. In other words it was not a case of deliberate indecency; we are just trying to bring the incident to an end by paying “damages based on negligence.” The documentation exchanged with the accuser simply states “damages” of a certain amount will be paid if the accuser agrees to drop the case through her own “generosity.”

In the period immediately following the incident, the female accuser is usually angry. However, in the end, most cases are concluded when an agreement on monetary compensation is reached. Once an out-of-court settlement is reached with the accuser, I will meet with the prosecutor in charge of the case and get them to agree that, “though somewhat unclear with regard to actual details regarding the incident, an out-of-court settlement has been reached. Rather than wasting the court’s time by futilely trying this case of supposed willful criminal indecency, it would be easier to dispose of it by simply dismissing the case.”

If you give up a confession you are rightly hosed.

NeilPerry
May 2, 2010

Zo posted:

Nah for this part it's similar america. Do not cooperate, call a lawyer, settle out of court. Police here are not out to help you in any way.

http://www.japantoday.com/smartphone/view/crime/guilty-and-never-proven-innocent-every-male-train-riders-nightmare-in-japan


If you give up a confession you are rightly hosed.

I wouldn't set out to do it myself, but knowing how headstrong they can be I'd be loving scared out of my mind if I were ever in that situation. I can imagine you'd keep weighing out the possible benefits of confessing for something you didn't do even more so than if you were in America.

hadji murad
Apr 18, 2006
Can't you just call a press conference and cry then everything will be forgiven?

computer parts
Nov 18, 2010

PLEASE CLAP

Dr.Radical posted:

That and the conviction rate is ridiculous.

I liked that Phoenix Wright was apparently based slightly on actual Japanese courtrooms, especially the whole "we're trying this innovative system where the Judge doesn't literally convict someone whenever they want, it's called a jury".

Renaissance Robot
Oct 10, 2010

Bite my furry metal ass

Zo posted:

If you are taken into custody on charges of groping, the first thing you need to do is call a lawyer. The lawyer can then call your family to inform them of the situation, and then a family member can call your employer and tell them you have suddenly taken ill and need a few days off. If someone from the company says they would like to visit you at the hospital, the family member can provide evasive answers and say something like the doctor has ordered “quiet rest” with no visitation allowed.

Am I to take away from this that my impression that in Japan "X has been arrested" is seen as equivalent to "X is a criminal" is broadly accurate?

LyonsLions
Oct 10, 2008

I'm only using 18% of my full power !!!!!!!!!!!!!!!!!!!

Renaissance Robot posted:

Am I to take away from this that my impression that in Japan "X has been arrested" is seen as equivalent to "X is a criminal" is broadly accurate?

Yes, people do lose their jobs for this.

Sheep
Jul 24, 2003

NeilPerry posted:

Also, I remember reading that police can, in theory, lock you up for up to 28 days fairly easily while they attempt to get a confession out of you. Of course, anything with a confession will probably go through and get a conviction.

It's not a theory, it's a regular thing they do often - none of the process is required to be recorded, and the police often refuse food, water, medical treatment, and even sleep during this period. They don't even have to bring charges against you during this period, it's basically a way of going "confess or we're going to ruin your life for 3-28 days". I know I sure couldn't afford to miss up to four weeks of work, and the second your Japanese employer gets word that you've been arrested you're basically hosed anyways.

On the upside if you have cash, the blood money concept is alive and well in Japan. Just keep about 100 man on hand at all times in case you hit someone while riding your bike or something.

quote:

But under the Supreme Court's interpretation of the Code of Criminal Procedure, suspects cannot end the interview—which is to say, the suspect cannot choose to leave the daiyō kangoku until the interview is concluded.
Seriously look at how ridiculous this is. You're not arrested or even charged with anything, but you're a literal prisoner anyways.

Then you've got this to contend with if you're a suspected yakuza or foreigner.

quote:

「ヤクザと外国人に人権はないと教えられた」「検事が勝手に自白をしゃべって、それを被疑者に署名させるよう指導された」[...]『外国人は日本語が分からないから、日本語であればどんなに罵倒してもいい』
Former chief prosecutor states "we were taught that yakuza and foreigners don't have human rights. You can just write a confession and make the suspect sign it." [...] "Foreigners don't understand Japanese, so you can use any kind of threats you want."

Sheep fucked around with this message at 13:02 on Mar 27, 2014

ArchangeI
Jul 15, 2010

computer parts posted:

I liked that Phoenix Wright was apparently based slightly on actual Japanese courtrooms, especially the whole "we're trying this innovative system where the Judge doesn't literally convict someone whenever they want, it's called a jury".

There are a bunch of countries that don't have the jury system without becoming police states like Japan.

I think there was a case a while ago where the police forced a confession out of someone they grabbed, and he was only released when the real criminal contacted the police and said "you got the wrong guy, but keep looking!" Seriously, the Japanese police is inept on a level that is almost unimaginable. They have low murder rates because apparently they treat a dead body found in a ditch as "unlawful dumping of a corpse" instead of murder.

Lucy Heartfilia
May 31, 2012


How does the average Japanese person see the police and the judicial system?

Samurai Sanders
Nov 4, 2003

Pillbug

Lucy Heartfilia posted:

How does the average Japanese person see the police and the judicial system?
I've only talked about it a bit with Japanese people, but they thought people caught by the police were bad guys by definition and gave them credit for Japan having so little crime. Going any more in-depth caused problems, so I gave up.

edit: especially about the death penalty where the few people I talked to had righter-wing opinions on it than the rightest wing Americans I had ever heard.

Samurai Sanders fucked around with this message at 17:53 on Mar 27, 2014

Lucy Heartfilia
May 31, 2012


Samurai Sanders posted:

I've only talked about it a bit with Japanese people, but they thought people caught by the police were bad guys by definition and gave them credit for Japan having so little crime. Going any more in-depth caused problems, so I gave up.

That's pretty sad. You can't fight problems you don't even acknowledge.

Grand Fromage
Jan 30, 2006

L-l-look at you bar-bartender, a-a pa-pathetic creature of meat and bone, un-underestimating my l-l-liver's ability to metab-meTABolize t-toxins. How can you p-poison a perfect, immortal alcohOLIC?


Lucy Heartfilia posted:

That's pretty sad. You can't fight problems you don't even acknowledge.

New thread title right here.

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ocrumsprug
Sep 23, 2010

by LITERALLY AN ADMIN

Samurai Sanders posted:

I've only talked about it a bit with Japanese people, but they thought people caught by the police were bad guys by definition and gave them credit for Japan having so little crime. Going any more in-depth caused problems, so I gave up.

edit: especially about the death penalty where the few people I talked to had righter-wing opinions on it than the rightest wing Americans I had ever heard.

Yeah, even right wingers in America would acknowledge that the system sometimes messes up. The justice system in Japan is "foolproof", as evidenced by the near 100% conviction rate. Ergo, no one is executed unjustly. Ipso Facto and checkmate. :japan:

Talking about the death penalty with a Japanese people was the weirdest conversation I have ever had. I guess wrongly convicting people is just something lazy Canadian and Americans do.

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