Japanese court alleged �edenying�f justice to Mainali

BY A STAFF REPORTER

Kathmandu, April 30: "The Tokyo High Court�fs decision against Govinda Mainali is a sever form of racial discrimination," said Ms Junko Hasumi, director of Japan-Nepal Society at press meet here today.

"If there was other person from developed country in place of Mainali, the Court would have a different verdict."

"Mainali became scapegoat for his vulnerable situation of over-staying in Japan," she added.

Ms. Hasumi, who is also involved in �eJustice for Govinda Preparatory Committee Representatives�f, is presently in Kathmandu in connection for a just trial to Mainali.

Govinda Prasad Mainali, a Nepalese migrant worker in Japan, was arrested in March 1997 for a suspected murder of a woman in Shibuya, Tokyo. The Tokyo District Court found him not guilty and ordered for his acquittal in April 2000. But the prosecutors appealed to the Tokyo High Court to keep him in detention and he continued to be detained. Later, the High Court reversed the District Court�fs decision and sentenced Mainali to life imprisonment.

"This kind of case was never happened to the migrant workers in Japan," Hasumi said.

"Normally, the accused ones are released after the court�fs decision of acquittal. Mainali was even denied the rights of counselling and to present counter evidence to prove innocence," she emphasised.

"It is a great injustice rendered to him," she said adding, "Japanese authorities have violated the guidelines and procedures as stipulated in the Japanese Criminal Procedure Code and the United Nation�fs International Convention on Elimination of All Forms of Racial Discrimination and Convention on Civil and Political Rights that Japanese government has already ratified."

Ms Hasumi further said that prosecutor, court and the Immigration Bureau all tried to fabricate Mainali by conducting illegitimate investigations through illegitimate procedures and blindly assuming that he, not any other person, was guilty.

A speech of the Society�fs President Eiji Yamamoto, distributed at the press conference also said Mainali�fs detention was in contravention to his rights under Japanese laws.

"The High Court�fs decision is a betrayal to the friendship and expectation shown by nations such as Nepal that plays important role for Japan in the age of increased globalisation," Yamamoto said.

He further said that the court action could negatively impact the wide range efforts of both the government and the people who have been participating in international communication and cooperation activities in various fields.

Justice for Govinda-Innocence Advocacy Group, a pressure group of five organisations, has demanded the Supreme Court conduct a fair trial and acquit Mainali.

A press release of the Advocacy Group also said in the process of putting Mainali on trial, the investigation authorities interrogated his Nepalese roommates and initially by threatening them and later by enticing them of housing and jobs induced incriminating statements against Mainali.

"There are enough and credible evidences to prove Mainali�fs innocence such as the discovery of the victim�fs train pass in Sugamo, a district of Tokyo, completely unfamiliar to Mainali," it said.

Meanwhile, the Asia Pacific NGO Networking Meeting for World Conference Against Racism, Discrimination, Xenophobia and Related Intolerances said in a press release that Mainali case reflects the discrimination against Asian migrant workers, who despite their valuable contributions to the Japanese economy, are denied the recognition and visa to stay in the country. Asian migrants workers, particularly undocumented ones, are perceived as a threat to social order and are made scapegoats for increasing social problems.

Ms Hasumi said that public pressure could be effective for the campaign to provide justice to Mainali.

She also urged Nepalese people to raise voice for fair trial and release of Mainali.

Likewise, member of the National Human Rights Commission Kapil Shrestha said that the Japanese authorities have ignored the spirit of universal rights of human beings. "Their treatment to Mainali is �euncivilised and unexpected�f.

The Commission said it would appeal to the Japanese Embassy in Kathmandu for justice to Mainali.

Likewise, Sudeep Pathak, a human rights activist, also said the human rights groups of Nepal would also submit a memorandum to the Embassy for the same case.