Court Orders Government to Pay Damages to Detained Overstayers, Citing Human Rights Violations

A court has ordered the government to pay ¥1.2 million in damages to two individuals who overstayed their visas. The men, one Iranian and one Turkish, experienced health issues while detained at a detention center.

The lawsuit, filed in Tokyo District Court, originally sought ¥30 million in compensation. The plaintiffs argued that their prolonged detention caused their suffering, including a decline in their health.

Presiding Judge Tomoko Honda ruled that the plaintiffs' health significantly deteriorated while in the Immigration Services Agency's detention facility. This led to the conclusion that their confinement violated a U.N. treaty guaranteeing individual rights, including the right to self-determination, as well as the immigration control and refugee recognition law.

The two men were held at the agency's immigration control center in Ushiku, Ibaraki Prefecture, on multiple occasions between 2016 and 2020. They both suffered from depression. Both have since been temporarily released and are currently seeking refugee status.

The judge emphasized that authorities must adhere to the International Covenant on Civil and Political Rights when dealing with overstayers. She stated that immigration officials "neglected the U.N. treaty and violated the law by arbitrarily detaining the plaintiffs, an act that is impermissible."

The plaintiffs' lawyer, Ryutaro Ogawa, described the ruling as "epoch-making" due to its interpretation of the law's clauses in the context of the international treaty.