2009 December 2 - 8 TOP3 [
CIVIL RIGHTS]
Political flier distributor to appeal to international society
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December 3, 2009
A Buddhist monk who was found guilty of distributing political fliers at a residential complex has announced that he will take advantage of international treaties to disclose internationally Japan’s judicial violation of democracy and human rights.
Arakawa Yosei, 62, was arrested and indicted for entering an apartment building and putting Japanese Communist Party leaflets in door mail slots in Tokyo in December 2004. On November 30, the Supreme Court upheld a lower court decision finding him guilty of trespassing.
The International Covenant on Civil and Political Rights (ICCPR) guarantees the freedom of expression (Article 19) and the right to take part in political activities (Article 25).
The United Nations Human Rights Committee, which monitors compliance of the ICCPR, sent recommendations to the Japanese government in October 2008, expressing its concerns over the repeated arrests and indictments of distributors of political fliers.
The recommendations state, “[The Committee] is also concerned about reports that political activists and public employees have been arrested and indicted under laws on trespassing or under the National Civil Service Law for distributing leaflets with content critical of the government to private mailboxes. (arts. 19 and 25)” It recommends the Japanese government to “prevent the police, prosecutors and courts from unduly restricting political campaigning and other activities.”
“The Japanese government does not comply with the Constitution and the International Covenant,” said Arakawa, adding that he will make full use of the First Optional Protocol of the ICCPR once the government ratifies it.
The First Optional Protocol allows individuals to directly file a complaint to the Human Rights Committee regarding violations of the Covenant. The Japanese government has ratified the ICCPR but not the protocol.
- Akahata, December 3, 2009
