Unprecedented? Interrogation suspended due to poor interpreter

 

 

 On April 23, 2024, a cross-examination of the plaintiff (applicant for refugee status) in a Filipino refugee status lawsuit was held at the Tokyo District Court with a Tagalog interpreter.

 

 During the 80-minute interrogation, the meaning of my main question was often not conveyed to the plaintiff, and his answers often differed from the question. When I asked the question again to clarify it, it became more and more confusing, and the I also became confused about what was going on. After a while, the interpreter would ask us to repeat the question I had asked, but it was impossible to repeat the exact same question. Even the word "one million" could not be translated into Japanese properly, such as the word "1.6 million" was translated into 16,000, then into 1,600, and the numbers finally could not be translated properly.

 

 After the plaintiff's personal examination was over, I asked the plaintiff about it, and he told me in English that he could not understand the interpretation of my question. When I asked a few Filipinos in the audience who also speak Japanese, they told me that the interpreter was not good at all. (Thanks to the observers.)

 

 After the break, I complained to the judge about the problem with the interpreter before he restarted the cross-examination. I complained that the meaning of the questions was not being conveyed to the plaintiff, that there were a series of muddled exchanges, that I did not understand the meaning of the interpreter's Japanese, and that she could not even translate the numbers. I complained that it was intolerable to have the results of such questioning used as evidence to write a ruling. The plaintiff is a Filipino activist who would be targeted for extrajudicial killings if he were sent back to the Philippines. For him, his life or death could be misguided because of the interpreter.

 

 When I complained, the judge seemed to sense that there was a problem with the interpreter, and after a conference, he decided to suspend the questioning, select a new interpreter for the next round, and redo the main questioning. It was a very questionable interrogation, making us wonder if there was any way for the court to check the interpreter's ability. 

 

 However, Tagalog interpreters at the Immigration Bureau are even worse. I often see interpreters who summarize their own opinions even though the person in question has spoken for a long time, or interpreters who give their own opinions in the middle of the questioning. It is unbearable for the person concerned to have his or her fate decided by such a lax interpreter when his or her life is at stake.

 

 私(笹本)が担当した事件です。

 右足の手術により歩行が困難になった身体障害をもつ自衛隊員に対して、自衛隊は5階の居室まで階段で登らせるなど、11年間にわたるパワハラ、いじめを行ってきた。この元自衛隊員は国家賠償法と安全配慮義務違反による損害賠償訴訟を東京地方裁判所に訴えた。2024年3月14日、裁判所は国に150万円の賠償責任を命じた。

 

 自衛隊は、2018年にパワーハラスメント用の相談窓口を創設し、ハラスメントの懲戒処分の基準を厳格にするなどして、ハラスメントを防止しようとした。しかし、自衛隊内のハラスメントはなくならなかった。セクシャルハラスメントについては、2023年12月12日に、五ノ井隊員に対するハラスメントが強制わいせつ罪と認定され有罪判決が下った。本件の原告に対する嫌がらせも、2011年から2020年の間に行われ、その中には陰湿ないじめの体質も見えた。自衛隊内のハラスメント、嫌がらせは、自衛隊の組織としての人権軽視の姿勢に基づくものである。

 

 本件判決は、原告の上司である中隊長を、自衛隊の安全配慮義務の履行補助者と認定し、原告の身体障害に配慮せずに、居室の5階まで階段で登らせたり、私有車の保有を禁じたことを安全配慮義務違反と認定した。その他のパワハラやいじめに対しても損害賠償義務を認め、自衛隊の人権軽視の体質を批判した。

Ruling Finds Liability for Power Harassment by Self-Defense Forces

 I (Sasamoto) am in charge of this case.

 

 The Japan Self-Defense Forces (SDF) harassed and bullied a disabled SDF member, who had difficulty walking due to surgery on his right leg, for 11 years, forcing him to climb the stairs to his room on the fifth floor. This former SDF member sued the Tokyo District Court for damages for violation of the National Compensation Law and the duty of care for safety; on March 14, 2024, the court ordered the government to pay 1.5 million yen in damages.

 

 The SDF attempted to prevent harassment by creating a consultation service for power harassment in 2018, and by tightening the criteria for disciplinary action for harassment. However, harassment within the SDF did not cease. As for sexual harassment, on December 12, 2023, the harassment against a member of Ms. Gonoi was found to be indecent and he was convicted of the crime. The harassment against the plaintiff in this case also took place between 2011 and 2020 and showed an insidious bullying nature. The harassment and harassment within the SDF is based on the SDF's organizational disregard for human rights.

 

 The ruling in this case identified the plaintiff's superiors, company commanders, as assistants in fulfilling the SDF's duty of care for safety, and found that they violated their duty of care for safety when they made the plaintiff climb the stairs to the fifth floor of his residence and prohibited him from owning a private car, without taking his physical disability into consideration. The court also found that the plaintiff was liable for damages for other forms of power harassment and bullying. This decision is significant in its criticism of the SDF's disregard for human rights.