9 Foreign residents' rights to court

9-1 Inequality in civil suits

9-1-1 A foreign national residing in Japan whose civil case is in process shall be allowed to stay during his/her trial. If he is abroad and has a certain reason for refusal to enter Japan, he shall be granted special permission in principle for landing in Japan in order to appear in court and make preparations for his/her trial.

9-1-2 In connection with a suit concerning the recognition of a child not residing in Japan, revise the Family Causes Proceedings Act to enable the legal representative residing in Japan to use the competent court where he resides, and in the event that the representative does not reside in Japan, he shall be entitled to depend on the competent court where the sued (father) resides.

9-1-3 Revise the Civil Legal Aid Act to be applicable to a foreign national who goes to court if he does not have a proper visa and when the person facing the lawsuit resides in Japan.

9-1-4 Establish an interpretation system to apply to civil and family cases as well.


9-2 Securing proper procedures

9-2-5 Follow the proper procedures in accordance with the international standards such as International Convention on the Prohibition of Torture when searching, detaining, arresting and examining.

9-2-6 Provide an interpreter who can speak the first language of a person to be put under arrest and examined.

9-2-7 Record the details of examination to make sure of interpretation accuracy in the course of examination, and the accused shall be entitled to have access to the recorded.

9-2-8 When the detainee is detained in a detention room, detention center or a prison, it is absolutely necessary to put him under detainment in a facility which is able to provide him with an interpreter able to speak his first language.

9-2-9 Due consideration shall be paid to the religion and culture of the detained. Give the staff in charge full training to understand religious and cultural differences.

9-2-10 Form, authorize, register and train legal interpreters systematically, and guarantee them well in term of their status.

9-2-11 Amend the Immigration Control Law not to apply criminal punishment to overstayers. (See 1-2-2.)


9-3 Detaining a foreign national without status of residence

9-3-12 A foreign national without a proper visa, when suspected of a violation of the law, shall be treated in the similar manner as applicable to Japanese nationals when examining the requirements for detention and bail.


9-5 Inequality in national compensation

9-5-13 In relieving by national compensation a foreign national from the violation of any of his human rights, the Japanese government shall not refuse to provide such compensation on the strength of mutuality in compensation.

9-5-14 Delete Article 6, National Compensation Act concerning mutualism in compensation.

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Solidarity network with Migrants Japan