"Justice for Govinda - Innocence Advocacy Group"
Inaugural Meeting on March 25, 2001
Statement to Demand the Acquittal of
Mr. Govinda Prasad Mainali

In March 1997, a Nepalese citizen, Govinda Prasad Mainali, was arrested as the suspect of a murder which occurred in Shibuya, Tokyo. Mr. Mainali was found not guilty by the Tokyo District Court on April 14, 2000, however, the prosecutor filed an appeal and demanded the Tokyo High Court to re-detain Mr. Mainali. The Tokyo High Court complied with the request, and continued detaining Mr. Mainali who was supposed to be freed after the acquittal by the Lower Court. On December 22, 2000, Mr. Takagi Toshio, the chief judge of the Tokyo High Court, reversed the Lower Court's acquittal of Mr. Mainali and sentenced him to life imprisonment.

Racial Discrimination Behind the Decision

In Japan, migrant workers from all over the world have met the huge labor demand created by the bubble economy in the late '80s. However, since there is no stipulation in the Japanese Immigration Control Law on the issuing of visa for migrant workers engaged in simple labor work, they are deprived of the opportunity to work legally despite their contribution to the Japanese economy. Since the rupture of the bubble economy in 1992, the police department and the immigration bureau have become more strict on the capture and deportation of migrant workers who are overstaying their visa. In recent years, the view which equates foreigners as "criminals" has become more explicit in Japanese society which we think is accountable for the police and the Immigration Bureau providing biased information leading to misconception that undocumented workers are a threat to the social order.

As for Mr. Mainali's case, the police originally arrested Mr. Mainali for overstaying his visa, but subsequently investigated him for the murder of a Japanese woman which is unrelated to the original charge. This shows that the police took advantage of Mr. Mainal's vulnerable status as an overstayer.

Tortures and Forced Testimony during the Investigation

In the process of putting Mr. Mainali on trial, the investigation authorities interrogated his Nepalese roommates, by threatening them with violence and later providing deals, such as housing and jobs in order to induce favorable statements from them. This may well be in contravention of the International Covenants on Human Rights and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which the Japanese government has already ratified.

Detention Despite the Acquittal

The detention of Mr. Mainali despite the acquittal by Lower Court is quite extraordinary . It contradicts the Japanese Criminal Procedure Code, and has created a dangerous precedent whereby any foreigner who has overstayed her /his visa can be detained upon appeal despite their acquittal. The High Court justified this detention claiming that there is a possibility that Mr. Mainali could be deported while the second trial was going on. This is an unacceptable discriminative treatment, since the law stipulates that the court must immediately release a person upon acquittal. Also, it is important to note that the Supreme Court, by approving the detention of Mr. Mainali on June 28, as a result has ignored the United Nation's International Convention on the Elimination of All Forms of Racial Discrimination and Covenant on Civil and Political Rights which Japanese government has ratified.

Unfair Treatment by the Immigration Bureau

After Mr. Mainali was acquitted by the Lower Court, the Immigration Bureau procrastinated his deportation until the High Court's decision for re-detention. This treatment is arbitrary and unfair, and is greatly affected by the prosecutor who was determined from the very beginning to reverse the Lower Court decision at the High Court.

Lawyers Deprived of the Opportunity for Counter-evidence

Mr. Mainali has protested his innocence from the very beginning , and furthermore, there is no direct evidence linking him to the murder. To the contrary, there is a large body of evidence, such as the discovery of the victim's train pass in Sugamo, a district of Tokyo completely unfamiliar to Mr. Mainali, which contradicts his culpability. During the High Court appeal, the defense counsel's requests for the appraisal of evidence that may have led directly to proof of Mr. Mainali's innocence were rejected, thereby depriving the defense counsel of the opportunity to present counter-evidence. Although the evidence used in the first trial was able to prove innocence of Mr. Mainali and was insufficient to prove the contrary, the High Court judge has dared to claim it sufficient to prove his guilt even without any convincing counter-evidence to refute it.

We Demand the Acquittal of Mr. Mainali

We firmly believe that the High Court decision is unjustified. The Police, the Prosecutor, the Court and the Immigration Bureau all tried to fabricate Mr. Mainali's guilt by conducting illegitimate investigations and following illegitimate procedures, blindly assuming that he, not any other person, is guilty.

We, the "Justice for Govinda- Innocence Advocacy Group, " hereby demand the Supreme Court conduct a fair trial and acquit Mr. Mainali. In order to realize our objective, we will widen and intensify our support activities , and will appeal his innocence to the public in every possible way so as to gain worldwide support.