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The Japanese Judicial System has renounced their responsibility to act as the last resort in the combat against discrimination: a response to the dismissal of the special protest for the second appeal for retrial of the Sayama case.

The Japanese judicial system perpetuates further discrimination, clearly lacks the ability to investigate any cases of possible miscarriage of justice with diligence and sincerity, and has renounced their responsibility to act as the last resort in the fight against discrimination. IMADR strongly condemns today's decision by the First Petty Bench of the Supreme Court to dismiss the special protest against the dismissal of filed objection for the second appeal for retrial of the Sayama case. At the same time, IMADR strongly restates that the responsibility to prove that the decision was made without prejudicial considerations rests clearly on the judicial side, and not on the discriminated party.

Mr. Ishikawa, who spent 32 years in prison from the time he received a life sentence to his release on bail, has continued to maintain his innocence, 42 years since the incident took place. During this period, it has been pointed out that mistakes were made during this court case. There was evidence that Mr. Ishikawa was prosecuted on the basis of prejudicial investigations and prejudicial media reporting against Buraku communities. Mr. Ishikawa was detained in police custody for a prolonged period of time and was forced into making a false confession during a threatening interrogation. Aside from this, there has also been substantial evidence of false charges being made.

In spite of the above, the Japanese judicial authorities persistently refuses to disclose evidence held by the public prosecutor to the defense, thereby not allowing a public examination of this case. IMADR strongly urges, once again, that Japanese judicial authorities allow the evidence held by the public prosecutor be disclosed to the defense, the path for retrial, which has been closed for 28 years, be made open, and that justice be brought to Mr. Ishikawa.

In addition, despite the fact that there have been a number of recent cases in which death sentences have been overturned after some 30 years due to retrials, the Japanese government has failed to take appropriate measures that would allow for remedy in cases of miscarriage of justice and prevention of false charges. The police have maintained a system that enables them to detain suspects for up to 23 days without charge and trial, and has refused to regulate police interrogations, which are currently neither tape-recorded nor videotaped.

The ratification of the First Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), which provides a procedure to enable individuals to directly report to the UN Human Rights Committee, as well as the establishment of a National Human Rights Institution independent from the government, would assumingly lead to the improvement of this kind of problem. Nevertheless, so far the government has not addressed these issues properly. IMADR calls for these procedures to be reformed without delay according to international human rights standards.

The Sayama case and many other cases all over the world illustrate the frightening possibility that can befall any human being when there is discrimination in society at large against certain groups and when the administration of justice and law enforcement institutions reflect this discrimination. There have been cases in which the Dalit in India - people discriminated against as "untouchables" under the caste system - are falsely charged and arrested, and are even killed as a result of torture.

Police in Europe register the personal information of the Roma on the grounds that they "might cause danger", and police also are known to subject them to violence. Muslims in the USA and other countries are treated similarly, especially after 9.11. Foreigners, including migrant workers and asylum seekers, are persecuted by both government authorities and citizens. In spite of all this, the judiciary tends to give the authorities committing such discriminatory acts "exemption" from their responsibility and fails to punish them.

The police authorities around the world conduct criminal investigations targeting towards groups of specific races, ethnicities and national origins, while the judiciary does not fulfill its function of ensuring that decisions be made without prejudice-based consideration. Concerned about this situation, the international community has been taking various measures to remedy this. The World Conference Against Racism (WCAR) held in 2001, as well as the UN Sub-Commission on Human Rights, took up the issue of "racism and administration of justice" as a worldwide problem. In some of its General Recommendations adopted recently, the UN Committee on the Elimination of Racial Discrimination (CERD) urges State parties to take appropriate measures to tackle these issues.

It is also expected that the Committee will adopt a "General Recommendation on the prevention of racial discrimination in the administration and functioning of the system of justice" this August. Moreover, the requirements of the international human rights standards are plain and clear about the disclosure of evidence and pre-trial detention including the Japanese system that allows for detaining up to 23 days without charge and trial.

Today's dismissal of the Special Protest by the Supreme Court is a decision against humanity, neglecting the international community's efforts mentioned above, and destroying the hopes of those - including Mr. Ishikawa - who are fighting against false accusations around the world. The Japanese judicial authorities and government can never compensate for their errors without providing remedy for the miscarriage of justice including Mr. Ishikawa's acquittal, and taking all appropriate measures urgently to prevent false charges.