Everyone in the international society's media! It is a mail to Japanese parliamentarians (April 13, 2017).
To Diet Members! Japanese citizens hope to prevent terrorist crime. However, "If the wind blows, the barber is profitable" if it is a theory, criminal charges are all considered for terrorist preparatory crimes. Please discuss in the National Assembly.
Unified outgoing mail No. 6
April 13, 2017
April 6, 2017
March 28, 2017
March 13, 2017
March 6, 9, 2017
February 27, 2017
The contents of this e-mail are also sent by e-mail to the world media.
The content is the newspaper submission of this sentence requested to Japanese parliamentarians.
I have also submitted a summary to the President of the White House.
Since there are inquiries in part, I will also report the individual reactions of Diet members.
First of all, do you know the meaning of "Okeya is profitable if the wind blows?"
I will explain.
"Okeya is profitable if the wind blows" is a Japanese proverb, due to the occurrence of an event,
At first glance it is a metaphor for the influence of places and things that seems to have no relation at all.
In modern times, the example used for the argument is outrageous, it means "the theory of Kozituke (Kozituke), which was made possible by forcibly connecting a causal relationship with low possibility".
The deployment of "Kozuku"
(1) When the wind blows, the wind blows a dust.
(2) When a dust enters the eyes of a person, the number of blind people increases.
(3) The blind person buys a shamisen.
(The blind man at the time purchased a musical instrument shamisen as it was a job to play the shamisen))
(4) You need a feline skin for shamisen, cats are killed.
(The leather of the shamisen was using cat skin)
(5) If the number of cats decreases, the natural enemy's rat will increase.
(6) Because there are no natural enemies, the number of mice increases, and the rat kills the tub (oke)
(7) As Oke's demand increases, Okeya gains money.
(Since there is a hole when the oke is caught, I can not use it as a tub, so I will buy a new oke))
I will give you a supplementary explanation of the word.
Tub = oke (tub, vat, bucket, container, piggin) is a kind of container.
It used to be wood in the past.
Rats eat something hard to shave their teeth as their teeth continue to grow,
Or you must get caught.
Tank = oke is made of wood and trees are hard, so mice bite the tub = oke.
Why, is it oke = oke, it is Kozituke.
"Tub" = oke is (tub, vat, bucket, container, piggin)
"Oabaya" = okeya is a person who manufactures "Tub" = oke, who sells it
"Kojitsu" = Kozituke is (dodge, chicanery, sham, prevarication, hanky-panky)
§ 1. Surprisingly, the argument that "Okeya is profitable if the wind blows" is common sense as the logic of law in the judicial world of Japan.
In fact, as a causal relationship of "When the wind blows, Tubuya makes money", the fact of Japan's judiciary administration to apply assistance crime to anyone and make it a criminal! Do you know?
With this logic "If the wind blows, Tubuya makes profit" logic, any person can be a criminal against all laws. No, I already have a crime.
Since such discussion can not be discussed in terms of abstract theories or assumptions, we will talk about it in a separate case, "Assistance Violation of Immigration Act", that is, in a true story. Because this case is an assistance criminal, I am not a party to the case but a criminal. The evidence is this sentence.
Tokyo District Court ruling - summary
Satoru Yamamoto clerk of court sentenced on April 26, 2011
Heisei 22 (Special Issue) No. 1655
Aid for violation of Immigration Control and Refugee Recognition Act
Judge as follows.
The accused is sentenced to 1 year and 6 months imprisonment and a fine of 1 million yen. We enter 170 days during the pending duration of imprisonment for that imprisonment. When the fine can not be paid perfectly, a 5,000 yen gold will be detained on labor by the accused for a period converted into one day. During the course of court costs, the amount paid to interpreter high ● ● ● and witness forest ●●● shall be borne by the accused
(Facts to be a crime)
Since it is the same as the charge of the indictment, it is omitted
The defendant, concerning each accused fact, created an employment contract,
Although he did not dispute that each former offender who received the grant submitted it to the Immigration Bureau, he stated that each former offender did not think that he would do activities outside his / her capacity, and the defense counsel fought intentionally for the same reason and , Asserting not guilty as not being assisted because there is no cause-and-effect relationship between the act of the accused and each actor's off-qualification activity.
The court, as stated,
I recognized the facts to be a crime, so I will explain the reasons below.
Second causal relationship
Each of the principal offenders who had been permitted to stay in "qualification for study abroad"
After graduation, because the status of residence is not permitted with that qualification,
If you do not get any alternative status of residence for this
It was not allowed to continue staying in Japan.
By changing the status of residence to obtain new status of residence,
It became possible to continue to stay for the first time,
If you can not stay,
It is self-evident that it was impossible to conduct activities outside the status of qualification in Japan.
And the defendant will issue content false employment contract etc,
Since each former offender made it easy to obtain permission to change the status of residence,
Since it is evident that there is a causal relationship between the act of the accused and each non-eligibility activity of the respective offender,
It is evident that there is a causal relationship between the actions of the accused and each official's off-qualification activity.
Defense counsel's argument is not inherent in its own opinion, there is no reason.
how is it? Is it? Is it? Is it? It's splendidly "the way the tuya is profitable if the wind blows"!
The logic of law is wrong. Because I made it possible to live in Japan, a foreigner committed a crime. "Logic" of this logic is an insult to foreigners.
This logic is said in Japanese proverbs, "Okeya is profitable if the wind blows."
It refers to the act of assisting the act prescribed in "Immigration status and cancellation" of the Immigration Control Act, and it is "troublesome" as an act of assisting illegal work by foreign nationally active activities.
However, there is too much impossibility.
In this case, no criminal offense is being considered and I am not doing criminal acts!
"What crime does not come to mind and is not doing criminal acts"
Japan decided to suspend illegal work against foreigners who illegally worked under the illegal employment criminal trial under Article 70, "illegal employment crime" under Article 70 of the Immigration and Refugee Recognition Act (hereinafter referred to as "Immigration Act") By equally criminalizing both parties under Article 2 of the Immigration Act 73, "illegal employment promotion crime", it is prohibited to dispose of foreigners arbitrarily by "the equality under the law" of the Constitution of Japan We are legislating not to violate "International Law" (International Covenant on Citizenship and Political Rights).
However, in reality, we do not dispose of (illegal workers) in "illegal employment promotion crime", but criminalize (illegal workers only) for criminal discrimination against illegal employment crimes and make it expelled from abroad. This is contrary to international law which prohibits foreign discrimination arbitrarily. It is contrary to equality under the law of the Constitution of Japan.
If you do not dispose of businesses with "illegal employment promotion crime" that illegally worked, foreign nationals who were made illegally worked are also innocent (innocent) the logic of law. If so, of course, there is no one to help anyone to work illegally.
This is governance under the law, respect for fundamental human rights, compliance with international law.
In the case of an aid to violate Immigration Control Act occurred in 2010, I did more criminal acts. Although we did not dispose of illegal workers under the illegal work promotion crime, only foreigners who worked illegally were punished by "illegal work crimes" and were expelled from the country, but "illegal employment promotion Sell "instead of a business operator、In order to make up an "assistant" of a third party and make it appear as if it was disposed of equally, we criminalized a third party and banished foreigners who were illegally employed as "imprisonment punishment" instead of fines punishment .
The third person is Kin Gungaku "Kim ●●", a former subordinate who was convicted with me (Nagano) who provided an employment contract to the former offender who will be hiring.
"Kim ● ●", which was regarded as a complicity with me, was founded to comply with international law as acting as an aid to the illegal employment of Chinese people,Because it provided illegally "content false employment contract", not "illegal employment promotion crime" which is a special law prescribing aiding acts and promoting acts against illegal employment,
The status of residence was easily obtained. So I was in Japan. I was illegally working because I was in Japan.
In a causal relationship with,一He was sentenced to imprisonment (imprisonment) by abusing "crime aid" of the criminal law which is a general law.
As far as I know, these incidents are criminalized not only by us but also by the Embassy of the Philippines officials and diplomats in 2014 and under the same illegal logic "assistance crime" has been applied.
As international law violation is taking place on a daily basis, we urgently need your Diet members to take action. In parallel, we will file a complaint against the UN High Commission office including this case, but there is a problem. Below · · ·
Those related to myself have been filed as "complaint letters", those related to Chinese and Filipinos as "complaints", but they have not been accepted.
My argument is that the application of the "assistance crime" of the criminal law is a criminal act by violation of applicable law for the following reasons.
The offense is a "criminal charges of false charges" of the criminal law and it is "a crime of abuse of the special public servant 's office."
(1). The aid for assisting illegal employment is stipulated in Article 2, Article 73 of the Immigration Act, "Special Law", "Crime for Promoting Illegal Employment." I and KinGungaku (Kim ● ●) do not do the act prescribed in "illegal employment promotion crime" so that regular offenses, police officers, prosecutors can also be accepted.
※ The number of charges written in the indictment is the administrative penalty described in Article 22-4, Article 4-4 of the Immigration Control Act,
Because it refers to the aid act against the act of canceling the status of residence, it is a violation of applicable law.
No employer who hired a former offender has been disposed of as "illegal employment promotion crime" prescribed by Immigration Control Act without disposition.
If so, the former offenders who are hired and forced to work illegally, are not disposed of, but are equal under the law. Therefore it is not guilty. If so, that there are no assistants to illegal work, including me.
(2). Next, it is said that the provision of "false employment contract" made it easy to acquire the status of residence as a causal relation of application of the "criminal penalty" of criminal law, but it is unjust. In the case of
Although it is said that they got the status of residence easily, the conditions for giving a status of residence are not stipulated by law, the conditions of granting are unpublished, they are given at discretion by the Minister of Justice and have made the status of residence easier I can not say.
Even if you get a status of residence as "content false employment contract", it is separate from illegal employment as stipulated in Article 4-4 of the Immigration Act 22 "Reset of status of residence".
Even if the Minister of Justice obtains a status of residence of technology and humanities internationally as "contents of false employment contract"
Technology and Humanities It is self-evident that if you work within the scope of the international status of residence, you will not become illegal (non-qualified) activities. Therefore, acquisition of status of residence and illegal employment has nothing to do with it.
Article 31 of the Constitution stipulates that "No person shall be deprived of its life or liberty unless it is made through the procedures prescribed by law, or can not impose any other punishment" (The provision of law refers to the law established in the Diet I will.
In addition to the ordinances established by local councils)
Submission of employment contracts is not required by law or by ministerial ordinance but is requested to be submitted to foreigners by section manager and cooperated as a business operator scheduled to be hired, and even if it is false, the Minister of Justice may at its discretion There is no legal basis to impose criminal penalties on the case to give.
The only thing is that the Minister of Justice can cancel the "status of residence" as an administrative measure rather than a criminal disposition by the Immigration Control Act as a countermeasure to that.
Grant of status of residence is at the discretion of the Minister of Justice, but the Minister of Justice is not a law "ministerial ordinance" of Ministry of Justice,
For technical and humanities international, we stipulate that we have specialized knowledge after graduating from college, junior college etc, so we can infer that "diploma" is a major factor in granting status of residence, It can not be said that employment contracts make it easier to obtain status of residence.
I was in Japan because I got my status of residence. Although he said that he was in Japan, he said he was able to work illegally, but the status of residence is given by the Minister of Justice at the discretion undisclosed condition of granting status.
Even after receiving a status of residence, further permission for entry (a seal to the passport) is also unpublished permission conditions, allowing the foreign minister to reside (enter) by giving permission at the discretion. Therefore, even if the employment contract is false, it can not be said that it is easy to influence the discretionary authority of both Ministers.
As a fact, since the Minister of Justice grants the status of residence at the discretion, I (Nagano) was explained and operated as follows on the status of residence, such as by questioning with immigration.
1) If the status of residence qualification is satisfied in "diploma" and expert knowledge is found, if employment company is inappropriate or employment contract is false etc, please let foreigners change employment contract company and reapply I am doing.
2) The status of residence is granted to foreign individuals even if foreign nationals who have engaged in employment contract have not acquired their status of residence, and after grant, work where within the scope of status of residence (skills and humanities) This is free.
3) After acquiring the status of residence, even if you can not join the employment contract company, you can find employment within the specified period and find employment place instead of rescuing the status of residence immediately.
Therefore, it can not be said that the provision of "content false employment contract" made it easier to acquire the status of residence,
Also, there is no cause-and-effect relationship between assisting acts to obtain the status of residence and illegal employment.
As mentioned above, even if you obtain the status of residence of technology and humanities internationally at the discretion of the Minister of Justice in "content false employment contracts", if you work within the scope of the status of residence in the technical and humanities international, you will not become illegal It is obvious that it is unrelated to "illegal employment contract" and illegal employment is self-evident.
It is self-evident that they were responsible for employers who employed and worked foreigners with status of residence without the qualification to work.
As described above, according to the legislative intent of the Immigration Control Act, assistance / promotion acts against illegal employment
It is unjustifiable unless it is disposed as stipulated in "illegal employment promotion crime" and the application of assistance charges is illegal.
In 2015, in Osaka, a Chinese international student whose status of residence is "studying abroad" was hostessed and criminalized as "illegal employment crime (activity outside the qualifications)" and became "deportation", but as unjustified We have fought in trial and are innocent.
The reason for the judgment at this time is that since it is a by-law (ministerial ordinance), not the Immigration Law Principle (law), that it does not allow 28 hours of working hours limit weekly or "non-qualified employment" , He dismissed prosecution as not being a violation of the law.
It is human rights violation against foreigners to declare foreigners to live in Japan if they do crime. And if foreigners can live in Japan, it is abuse of assistance sins to assume that foreigners commit crimes if they commit a crime, people can not live with peace of mind. In relation to the illegal employment made by a foreigner, it was not a "crime for promoting illegal employment" that stipulated the punishment for that aid, but because of making it possible for him to live in Japan, it was a causal relationship to criminal punishment It is illegal to apply the "assistance crime" of criminal law by abuse of assistance crime by reason of assistance of "act to cancel the status of residence" which does not become.
Since it provided "(contract false) employment contract" (requested by section manager) to the former offender for the reason for assisting illegal employment, it was possible to obtain the status of residence easily (at the discretion of the Minister of Justice). Since I got my status of residence, I gained immigration visa (at the discretion of the Minister of Foreign Affairs) and was able to live in Japan.
I was able to work illegally because I was able to live in Japan. The criminal law assistance crime is applied in a causal relationship with
As described above, even if it is a "false contract of employment", there is no legal basis for "delivery of status of residence" or "delivery of immigration visa", there is no apparent causal relation To make it possible for crime to be made so as to be in Japan is a malicious discrimination against foreigners, a violation of human rights,
Also, it is illegal for the abuse of assistance sins.
In Japan, we refer to such a far-cryptic reasoning theory as "the way in which Tablo is profitable if the wind blows".
If the wind blows, why will the tuya be profitable ...? If you talk about causality, it is long.
And there are various scenarios. In other words, the causal relationship is "trouble".
These customs of applying assistance crime by far causal relationship are rooted and it is a terrible Japanese society.
Of course, if you think that violation of the applicable law is routinely done not only for assistance crime but also for general criminal cases, Japan will be proof that it is not governed under the law.
I made it possible to live in Japan, so I was able to "work illegally". Therefore, although it says that the causal relationship is obvious, I lent a room of an apartment to a foreigner so that I could live in Japan. Assuming that he was able to live in Japan, he was able to kill himself, could the apostolic owner apply the "murder guilt" assistance crime? Is it? Is it? As this answer,
The interrogation officer said, "President, Chinese have worked illegally, so we can financially assist illegal work ... but if the Chinese were murderers, it would be an assistance crime against murder charges! Please do it! "
We have already applied "assistance crime" against homicide crimes to the owner of the apartment.
If you think that Japanese who treat foreigners equally is not interesting, we are also making this Japanese Japanese an assistant for murder at the discretion. The root of infringement of human rights is because the custom of exclusion of arbitrary foreigners is rooted.
Therefore, the offense of police officers and prosecutors is "criminal charges of false charges" of the criminal law and is "crime of abuse of the special public officer's authority."
"Crime of abusing ex official authority of a special civil servant" is a crime established by abusing its authority and arresting and imprisoning others.
Criminal composition requirement of official abuses of special public officials As to the suitability,
① The principal is a special civil servant, · · · facts It is police officers, prosecutors and judges.
② Having arrested and confined a person · · · It was arrested and confined as a fact.
③ abuse of authority, established by. · · · · Whether abusing official authority, but abuse is the illegal exercise of authority on duties, so that means and methods are not only violent and threatening, but also victimized in practice It is said that it is enough for those who oppress the freedom of decision making to the extent that they can not accept the result.
As for police officers, regarding the police officer, Article 189 of the Code of Criminal Procedure Each police officer shall, pursuant to the provisions of another law or the National Public Safety Commission or the Prefectural Public Safety Commission,
Job duties as a judicial police official.
When judicial police officials think that there is a crime, they will investigate the perpetrator and evidence. It is stipulated.
Therefore, it is illegal to conduct investigation, arrest, and confinement even though crime is not thoughtable, that is, it does not violate any law, it is a crime of abuse of the official authority of a special civil servant.
We urge freedom of decision making by exercising illegal content lie and arrest warrant etc and exercise authority on duties.
Criminal offense is established because this obvious illegal act is abuse of official absence because the crime of special public official abuses the official abilities of the special public official does not need deliberation.
Although it violated Japan's Constitution and Immigration Control Law, it is clearly "violation of applicable law", but it also obviously violates international law. The violation provision is "International Covenant on Citizenship and Political Rights"
Article 2 (1) (3), Article 4 (1), Article 5 (2), Article 9 (1) (5), Article 13, Article 14 (6), Article 15 ), Article 16, Article 17, Article 26
Please see FactSheet for details.
Fact Sheet IV. Application materials such as Facts of the complaint I are listed below.
Documents such as indictment and judgment are also submitted in PDF. The English translation is summarized.
It is stated in non-display mail
So I will ask the Diet member.
Although discussion on "preparatory crime such as terrorism" (conspiracy crime) has begun now, if it is the argument that "Tubair profits if the wind blows," any event will be regarded as criminal, It will be subject to investigation. Obviously, "The way the wind blows will make the tuya profitable" argument contradicts the logic of the law, but as mentioned above it is a fact. I would like to discuss with the facts in the Diet.
Do not discuss the abstract theory. This fact is enough. If we recognize this fact as an error, it is urgent to undertake a fundamental reform of judicial administration.
§ 2. I have exhausted all the cases that can receive relief in Japan,
I tried to file a complaint against the United Nations High Commissioner for Human Rights office using the "personal reporting system".
The personal reporting system is a system whereby individuals infringed on the rights granted by the Convention on Human Rights directly appeal to the treaty bodies of each Human Rights Treaty and can seek relief of human rights violations themselves received in international places is.
There are "Convention on the Rights of the Rights", "The Covenant on the Social Rights", "Convention on the Elimination of Discrimination against Women" etc. as the treaties that set the personal notification system in the Optional Protocol, but the Japanese government has not ratified it in all.
In G8 country, only Japan is the only one! It is! Of course, it is lower than the African countries.
It is ludicrous for the Prime Minister of one of these countries to cry out "governance under the law, respect for fundamental human rights, compliance with international law". It is also funny to shout out compliance with international law in the Senkaku Islands and the Takeshima issue.
In North Korea's abduction of Japanese people, we condemn the actions of North Korea, Japan should be condemned. Because Japan is a habitual country of abduction by illegally arresting and capturing foreigners who are not punished for anything.
As a citizen of Japan, I think that I want you to be at least higher than North Korea, so please achieve it by all means.
So I will request parliamentarians to comply with this treaty.
As it is related to human rights, it goes without saying that it is of course ahead of the "International Organized Crime Convention Treaty". In order to ratify the "personal reporting system", at least,
(1) It is natural that "Applicable law error" will be the target of retrial request.
(2) Do not accept prosecution and prosecution of prosecution in prosecution. If the prosecution does not accept it for a certain period, it should be subject to review by the prosecution review board with non-prosecution treatment.
(3) At least crimes committed by special civil servants are not to set an appellation prescription deadline.
§ 3. Finally, in Japan, it is about to be created (terrorist preparation etc.) now.
The United Nations Convention on International Organized Crime Prevention (International Organized Crime Convention Treaty, Palermo Convention) adopted at the General Assembly of the United Nations in November 2000 served as a major criminal conspiracy, money laundering (Money · Since it obliges parties to criminalize judicial obstruction, etc. as a crime, as part of the legislation to implement and conclude the duty of the Convention, amend the law and respond to organized crime It is about to be created as (terrorist preparatory crime).
This law allows punishment even if there is no act of conduct, so this thesis "When the wind blows, the tui is profitable" theoretical practice makes it possible to subject almost all daily activities to crime.
So, I am opposed to the creation of "preparations for terrorism etc." by SNS, programs, etc. If the domestic legislation is to be prepared to respond to the "International Organized Crime Prevention Convention", it should be established as a special law by listing individual events as tentative name "International Organization Crime Prevention Act".
However, what is needed now is urgent removal of the argument from the judicial world "If the wind blows, the tuya is profitable".
So I will ask the Diet member for a dismissal of this "terrorism preparatory offense".
And, if we acknowledge that the argument that "Tubuya gets profitable if the wind blows," if it finds that it is a mistake, we will restore apology and honor and reparation to all the victims including overseas, and compensate, "Under the law When a country becomes governed, a country where fundamental human rights are respected, and a country where international law is observed ", it is a tentative name" International Organized Crime Prevention Act ", and individual events are listed and established as a special law please.
If a Diet member can not condemn this problem and condemn this problem, this problem is not only Japan's judicial administration, but also the Japanese authority of the legislative, administrative and judicial committees committed a crime in the national wiggle I will.
It is no longer a dictatorship country or Japanese state.
name ＹａｓｕｈｉｒｏＮａｇａｎｏ 長野恭博