- Update info:
- 22 Mar 2017 (Suspended)
- Latest info:
- 1 Mar 2017 (Updated)
- 26 Jan 2017
- Country:
- JAPAN
- Subject:
- Hiroji Yamashiro
- Period:
- 11 Apr 2017
- Distribution date:
- 26 Jan 2017
- UA No:
- 023/2017
Hiroji Yamashiro has been detained since mid-October 2016 after protesting against new U.S. military construction projects in Okinawa. Aged 64 years, concerns for his wellbeing have been raised as medical tests show a deterioration in his health. All requests for bail have been denied.
Hiroji Yamashirohas been detained since his arrest on 17 October 2016 for allegedly cutting a wire fence around a construction site near Takae, in Okinawa, Japan, during protests against the installation of new U.S. Marine Corps facilities. Three days after his arrest, an additional charge was brought against him for obstructing and assaulting an Okinawa defence bureau officer at the protests. On 29 November 2016, more a month later, a third charge was then brought against Hiroji Yamashiro for laying blocks and forcibly obstructing site construction in late January 2016, effectively extending his pre-trial detention further.
Japanese criminal law experts issued a statement on 28 December 2016 calling for his urgent release, claiming that his current detention lacks justifiable grounds and was therefore unconstitutional. All requests for bail have been repeatedly denied and, although the district court has presently confirmed his detention until 20 February 2017, there is a likelihood that the court could issue a further extension of his detention.
Despite strong opposition from the residents of Okinawa, the Japanese government has remained supportive of the construction of the US military base. The arrest of Hiroji Yamashiro, a symbolic opposition figure, has had a chilling effect on others who are peacefully exercising their rights to freedom of expression, association and peaceful assembly. Some activists now hesitate to join the protest for fear of reprisals.
Hiroji Yamashiro, 64, suffers from malignant lymphoma and was hospitalized in 2015. There are serious concerns for his well-being after medical tests at the end of December 2016, two months into his detention, demonstrated a decline in his health. Hiroji Yamashiro has not been allowed to see his family since his arrest.
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ADDITIONAL INFORMATION
Hiroji Yamashiro was held in police custody until 26 December 2016. Under the Japanese criminal justice system, a person can be detained under the authority of the police for up to 23 days without charge. Amnesty International have raised concerns about the lack of rules or regulations regarding interrogations during this period, including duration, restricted access of lawyers and the absence of any recordings. In this case, police continued to lay new charges against Hiroji Yamashiro while requesting extensions to his detention.
Hiroji Yamashiro is the chairman of ‘Okinawa Peace Action Center’, a non-violent peace movement in Okinawa, and is part of the ‘All Okinawa Council’ which fundamentally opposes the building of the military base.
For decades the American and Japanese governments have been trying to close a U.S. military base in crowded Ginowan, a city on Okinawa’s main island, and to build a bigger one still in Okinawa but in a northern, less populated area, Henoko.
However, there is strong opposition from the residents claiming that it will merely redirect the noise, environmental degradation and dangers of militarization to another part of the main island. Mass protests near Takae, where Hiroji Yamashiro was arrested, against the forest-clearing for Osprey helipads continue daily outside the gates of the base.
Under international legal standards, anyone arrested or detained must be brought promptly before a judge or equivalent judicial officer for a ruling on whether both the initial arrest and the continued detention are lawful, necessary and proportionate, i.e. the lawfulness of both the detention as such, as well as whether the detainee should be released or detained pending trial. There is a presumption that to remain in custody pending trial should not be the norm but the exception, with the burden of proof to show special circumstances on the state. If persons are charged, they are further entitled to a trial within a reasonable time. In order to prevent the risk of arbitrary detention, authorities must ensure that proper grounds and procedures for deprivation of liberty are adhered to at all times, as established by national law and required by international human rights law.
Under the Japanese Criminal Procedure Law, the court may order the detention of the accused pending trial when there is probable cause to suspect that he/she has committed a crime and when the accused has no fixed residence; there is probable cause to suspect that he/she may conceal or destroy evidence; or the accused has fled or there is probable cause to suspect that he/she may flee.
UA: 23/17 Index: ASA 22/5552/2017 Issue Date: 26 January 2017
- Update info:
- 22 Mar 2017 (Suspended)
- Latest info:
- 1 Mar 2017 (Updated)
- 26 Jan 2017
- Country:
- JAPAN
- Subject:
- Hiroji Yamashiro
Gender: m
- Period:
- 11 Apr 2017
- Distribution date:
- 1 Mar 2017
- UA No:
- 023/2017
Hiroji Yamashiro remains in detention following the denial of his Special Appeal for bail by the Supreme Court on 20 February 2017. Arrested for his role in protests against new U.S. military construction projects in Okinawa, Hiroji Yamashiro has not been able to see his family since 17 October 2016. His next court hearing is scheduled for 17 March 2017.
Hiroji Yamashiro, a prominent activist leading the peace movement in Okinawa, had his bail request rejected by the Naha District Court, to “avoid the destruction of evidence”, on 8 February 2017. Shortly after, Hiroji Yamashiro submitted a Special Appeal to the Supreme Court in Tokyo, which was in turn denied on 20 February 2017. In response, civil society groups organised over several hundred protestors’ to rally outside the Naha District Court, in Okinawa, on 24 February 2017 to oppose its decision to deny Hiroji Yamashiro bail.
Purportedly to “avoid destruction of evidence”, Hiroji Yamashiro has not been allowed to see his family since his arrest on 17 October 2016 for allegedly cutting a wire fence around a construction site during protests against the installation of new U.S. Marine Corps facilities near Takae, Okinawa. His lawyer questions the legitimacy of restricting his right of access to family, as the family’s visits take place only under the supervision of detention staff, making any “destruction of evidence” unlikely.
The District Court is scheduled to hear the case against him on 17 and 27 March 2017 however, according to his lawyer, the timing of release is unclear as his detention could be further extended by a continued denial of bail. Despite there being no clear indication of a deterioration of Hiroji Yamashiro’s health at the moment, some activists are concerned for his well-being following his surgery and hospitalization for malignant lymphoma in 2015.
more
ADDITIONAL INFORMATION
Hiroji Yamashiro was held in police custody until 26 December 2016. Under the Japanese criminal justice system, a person can be detained under the authority of the police for up to 23 days without charge. Amnesty International have raised concerns about the lack of rules or regulations regarding interrogations during this period, including duration, restricted access of lawyers and the absence of any recordings. In this case, police continued to lay new charges against Hiroji Yamashiro while requesting extensions to his detention.
Three days after his arrest on 17 October 2016, an additional charge was brought against him for obstructing and assaulting an Okinawa defence bureau officer at the protests. On 29 November 2016, more than a month later, a third charge was brought against Hiroji Yamashiro for allegedly laying blocks and forcibly obstructing site construction in late January 2016, effectively extending his pre-trial detention further.
Under the Japanese Criminal Procedure Law, the court may order the detention of the accused pending trial when there is probable cause to suspect that he/she has committed a crime and when the accused has no fixed residence; there is probable cause to suspect that he/she may conceal or destroy evidence; or the accused has fled or there is probable cause to suspect that he/she may flee
Under international legal standards, anyone arrested or detained must be brought promptly before a judge or equivalent judicial officer for a ruling on whether both the initial arrest and the continued detention are lawful, necessary and proportionate, i.e. the lawfulness of both the detention as such, as well as whether the detainee should be released or detained pending trial. There is a presumption that to remain in custody pending trial should not be the norm but the exception, with the burden of proof to show special circumstances on the state. If persons are charged, they are further entitled to a trial within a reasonable time. In order to prevent the risk of arbitrary detention, authorities must ensure that proper grounds and procedures for deprivation of liberty are adhered to at all times, as established by national law and required by international human rights law.
Any person deprived of liberty has the right to communicate with the outside world, including by being visited by family members. This right is a key safeguard against torture and other ill-treatment and other human rights violations. The UN Committee against Torture has stated that “[c]ounsel, family members and the doctor of their own choice must be guaranteed immediate access to persons deprived of liberty” and has recommended “the free access of a person deprived of his liberty to a lawyer and to a doctor of his choice and to his relatives at all stages of detention”. Access can only be restricted if necessary and proportionate to a legitimate aim [such as in the interests of justice or security and good order in the institution]. For example, regular access to family members can be carried out under appropriate supervision when the investigation so requires. Denying visits may amount to inhuman treatment.
Further Information on UA: 23/17 Index: ASA 22/5789/2017 Issue Date: 28 February 2017
- Update info:
- 22 Mar 2017 (Suspended)
- Latest info:
- 1 Mar 2017 (Updated)
- 26 Jan 2017
- Country:
- JAPAN
- Subject:
- Hiroji Yamashiro（M）
- Period:
- 11 Apr 2017
- Distribution date:
- 22 Mar 2017
- UA No:
- 023/2017
Hiroji Yamashiro, 64 years of age, has been released on bail after five months in detention without being able to see his family. Arrested for his role in protests against new U.S. military construction projects in Okinawa, his next court hearing is scheduled for 27 March 2017.
Hiroji Yamashiro was released on bail on the evening of 18 March 2017, a day after his first court hearing. Arrested on 17 October 2017 for his role in protests against the construction of new U.S. Marine Corps facilities near Takae, Okinawa, Hiroji Yamashiro had been held in detention for five months under restrictive conditions and without access to his family. The first and only time he was able to see his wife was on 13 March 2017 for 20 minutes, less than one week before his release.
Upon his release, Hiroji Yamashiro was finally able to read the over 400 letters of encouragement sent to him, as the detention centre had banned all external communications. At a press conference on 18 March 2017, Hiroji Yamashiro thanked everyone for the support he received from Okinawa and beyond and went on to say:
“The detention was over five months, but I had been holding my sprit while being encouraged by my lawyers. Today around 6:30pm, staff of detention informed me that ‘though it is not office hours, you may be released.’ Since I thought I had to continue fighting in dentition till August or September until the court procedure further progresses, I’m so happy and feel that it’s like a dream.
The charges against me as are in the wider sense, oppression to the people of Okinawa and tramples upon the feelings of people. Though it will be a long fight, I will continue to fight for my innocence and demand for the justice of Okinawa.”
Hiroji Yamashiro is the chairman of ‘Okinawa Peace Action Center’, a non-violent peace movement in Okinawa, and is part of the ‘All Okinawa Council’ which fundamentally opposes the building of the military base. His next court hearing is scheduled for 27 March 2017.
We will continue to monitor the situation, however no further action is requested from the UA network. Many thanks to all who sent appeals.
