In a case that is gaining considerable attention, three foreign residents in Japan have filed a statement of claim against both the national and local governments, alleging the practice of racial profiling by the police. The claimants, originating from Pakistan, Africa-America, and the Pacific Islands, are seeking damages of 3.3 million Japanese Yen each. Their contention stems from reported instances where individuals were subject to questioning, purportedly based on their physical appearance and without legal rationale.
An interesting piece of evidence presented by the claimants is a survey conducted by the Tokyo Bar Association in 2021. It states that more than 85% of Japanese residents who had undergone police questioning within the preceding five years were foreign-born. Out of these, almost 77% could not identify any probable cause that justified a police stop, which is a requirement under Article 2 of the Police Duties Execution Act.
The claimants have alleged the existence of internal police guidelines that promote racial profiling. Specifically, it was claimed that junior officers in Aichi Prefecture were encouraged to prosecute foreigners under any regulation possible and maintain an unwavering belief that foreigners have invariably committed an offence.
The racial profiling practice, according to the applicants, infringes upon the right to equality before the law and the right to private life, both of which are protected by the Constitution of Japan. They have also invoked the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Civil and Political Rights, as Japan is a signatory to both these international treaties.
It’s worth noting that ‘racial profiling’ refers to actions taken on the basis of stereotypes about race, color, ethnicity, ancestry, religion, or place of origin, rather than on reasonable suspicion. In light of several reported racial profiling incidents in Japan, the US Embassy issued a warning to US citizens in 2021.
This lawsuit is the first of its kind, aiming to challenge the legal validity of alleged discriminatory practices by the Japanese governments.