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The notorious case of a Sri Lankan detainee’s death in an immigration detention center hit a dead end as prosecutors dropped charges for a second time against officials in charge of the facility.
Doctor’s audacious statement
On September 29th, Prosecutors in Nagoya dropped charges against officials at an immigration center in the city for a second time over the damages suit seeking compensation for the 2021 death of a Sri Lankan detainee.
Ratnayake Liyanage Wishma Sandamali died at age 33 on March 6th, 2021 due to a lack of medical attention under the negligent care of the Nagoya Immigration Bureau, alleges her family.
Wishma had been in custody since August 2020 for overstaying her student visa, with her asylum application being denied by immigration authorities.
At the 9th hearing just on the 27th at the Nagoya District Court, the government submitted a doctor’s letter before the court denying officials’ culpability, reasoning that Wishma’s cries for help were merely “for drawing attention to herself from guards.”
The doctor’s testimony argues that Wishma could not have been in critical condition because a previous health check shortly before her death found no abnormalities.
Voices from family and lawyer
“Does that mean my sister exaggerated her suffering? Is it possible that a doctor would say such a thing? Why do (we) have to be spoken to in such a vicious way?” said Wishima’s younger sister, Wayomi, 31, in her statement to the court.
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“People don’t die because of malingering. (The government’s) motive to deny the detention center’s culpability–––even if it means twisting logic–––is smudging through this statement,” said Ibusuki Shoichi (指宿昭一), a lawyer for Wishima’s family.
Friday’s decision by prosecutors effectively ended its investigation into the 13 detention center officials involved in Wishma’s case. But Wayomi and Ibusuki’s team of lawyers plan to continue their legal battle.
“We will not forgive a wrongful decision. We will continue fighting to find those responsible,” said Ibusuki at a press conference in Tokyo on Friday.
Supporting Wishma’s case, a civilian group collected 22,000 petition signs and submitted them to the Nagoya District Prosecutor’s Office last Wednesday. That was the same day prosecutors dropped the case.
Timeline
Wishma entered Japan in 2017 on a student visa to study Japanese.
Student visas in Japan grant foreigners residence for a period from 3 months to 4 years and 3 months. For language school students, the longest amount is 1 year and 3 months without the school’s extension.
Her expired visa status came to light when she sought police protection from domestic abuse in August 2020. Authorities sent her to the Nagoya Immigration Bureau to await deportation.
In January 2021, Wishma began complaining of poor health, including vomiting and headaches. Detention authorities ignored her cries for medical aid for around a month. They also denied her request for provisional release.
According to security camera footage that went public in April this year, Wishma was bedridden and still begging officers to take her to hospital.
On April 6th, the government provided five hours of footage at a news conference in Tokyo.
Wishma’s family filed a first criminal complaint eight months after her death in November 2021 after the Immigration Services Agency failed to determine the cause of death in its investigation report.
In March 2022 the family sued the government demanding ¥156 million ($1.35 million usd) in damages.
Prosecutors dropped charges against the government for the first time in June 2022 which prompted Wishma’s family members to seek a panel’s review of the case. The panel review concluded that it was unjust for the prosecutors to drop charges against officials.
Last week prosecutors dropped charges a second time.
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Sources
[1] ウィシュマさん収容中発言は「看守の注目集めるため」国側が意見書. 朝日新聞
[2] Charges dropped again over death of detained Sri Lankan woman. The Japan Times
[3] 【入管問題】名古屋入管死亡事件 入管幹部再び不起訴 国賠訴訟では国側が医師の意見書提出. 日刊べリタ
[4] 入管幹部ら再び不起訴 ウィシュマさん死亡、捜査終結. 日本経済新聞
[5] How to Apply for a Student Visa to Study in Japan. GaijinPotStudy
[6] Video of Sri Lankan detainee’s final days at Nagoya facility released publicly. The Japan Times
[7] Kin of dead Sri Lankan files criminal complaint against Japan immigration officials. The Japan Times
[8] Relatives of dead Sri Lankan detainee sue Japanese government. The Japan Times
[9] Dead Sri Lankan detainee’s family to request panel review. The Japan Times
[10] Decision not to indict officials over Sri Lanka detainee’s death unjust, panel says. The Japan Times
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