Two decisions of Japanese court on detained Afghan asylum seekers

Abstract

Richard Horton, in his Oct 6 Commentary,1Horton R Public health: a neglected counterterrorist measure.Lancet. 2001; 358: 1112-1113Summary Full Text Full Text PDF PubMed Scopus (19) Google Scholar projects that the war against terrorism will fail. Therefore, the war against terrorism is not achieving its aim, but is killing innocent Afghan people. They seem, however, to be victims of the war not only in their homeland but also in asylum. On Oct 3, 2001, nine Afghan applicants for refugee status in Japan were detained by Tokyo Immigration Bureau because of their illegal entry without valid visa. Allegedly, these asylum seekers were oppressed by the Taliban. According to the international convention of refugees, these people should be protected while applying for refugee status.2United Nations High Commissioner for Refugees (UNHCR)Convention and protocol relating the status of refugees. UNHCR Public Information Section, Geneva1996Google Scholar Japan's refugee protection system is stretched, as are systems in other more-developed countries.3Silove D Steel Z Mollica RF Detention of asylum seekers: assault on health, human rights, and social development.Lancet. 2001; 357: 1436-1437Summary Full Text Full Text PDF PubMed Scopus (76) Google Scholar During the process of application for refugee status, asylum seekers are ineligible for welfare assistance as well as health-care services and treated as illegal migrants. The refugee application process generally takes several years. Since Japan's refugee protection system does not secure legal status of asylum seekers, it eventually allows the government to arrest them as illegal migrants at anytime at its will, without explanation for their detention. Lawyers representing the nine detained Afghan asylum seekers took an action, at the Tokyo District Court, to contest the detention by Tokyo Immigration Bureau. As a result two different decisions were made by the court. On Nov 5, four of them were refused release because whether they sought asylum in Japan was unclear. On the next day, a different judge in the same court made an opposite decision for the remaining five because the detention was deemed to be ignoring the international convention on refugees. Afghan asylum seekers in Japan are in a very insecure environment. We should, therefore, take into account the possibility of mental harm, especially in asylum seekers who are in detention,3Silove D Steel Z Mollica RF Detention of asylum seekers: assault on health, human rights, and social development.Lancet. 2001; 357: 1436-1437Summary Full Text Full Text PDF PubMed Scopus (76) Google Scholar since they are at great risk of psychological trauma. As the lawyers appeal to the court, we urge the government to adopt a more humane policy for asylum seekers.4Moscrop A Doctors press for humane treatment of asylum seekers.BMJ. 2001; 323: 952Crossref PubMed Scopus (4) Google Scholar