Conclusion of the Trial for State Compensation in Mr. Suraj’s Case

報告会

Many questions come from observer to attorney team
The court hearing was over in forty minutes; after that, we moved to another venue and took time for a report meeting. Counselors from the attorney team explained the content of their final argument in short, and reported, as well as explained about a withdrawal of claims concerning the nine immigration officers who were also defendants in this suit. Later, as many attendants of the report meeting posed various questions, one could feel their excitement with regard to the judgment expected on the next date.

(Statement of opinion by the plaintiff wife)
The trial for state compensation with regard to Mr. Suraj’s case was concluded on February 3rd (Mon).
As for the circumstances, observer seats were full, with some twenty observer applicants waiting outside.
This was the date for final arguments, which were made only by the plaintiff, but not by the defendant side.

First, the plaintiff wife delivered a statement of final opinions.

Listening to the statement of these opinions about memories with Mr. Suraj, there were some among the observers who could not hold tears. Memories such as Mr. Suraj painting pictures, scenes in a soba noodle restaurant which was frequented by the soba-loving Mr. Suraj, the couple’s conversations during several walks to a park in cherry blossom season.

At the beginning, the wife said that ‘time has been suspended for me after I lost my soul mate’.
It was a statement that made us wish for a judgment as good as possible, so that time could start to move as soon as possible for her.

(Final arguments and report meeting by the attorney team)
After the final statement of Mr. Suraj’s wife, the attorney team of the plaintiff delivered their final arguments.
What happened on March 22nd 2010, the day of the incident; first, there was a confirmation of factual proceedings and illegalities about the four years since then.

The family was not informed by the state side about the details of the incidents after it occurred.
During the proceedings for preservation of evidence, the state denied to disclose many pieces.
When the video about the actual day finally surfaced, the recording turned out to have been stopped when Mr. Suraj and the immigration officers boarded the plane.

Despite of such an attitude by the state side to cover up the truth about the incident, many cruel facts were uncovered in this lawsuit for state compensation on occasions such as the cross-examination of the immigration officers.
They used restraining equipments that are against regulations (such as towels or zip ties).
They forced Mr. Suraj in an unnecessary pressured body position.
The testimony by the immigration officers that Mr. Suraj resisted turned out to be a lie.
Based on such unraveled facts, it was stated that the immigration officers’ acts on the day of the incident had been ‘excessive’, ‘unnecessary’ and ‘in violation of laws and regulations’, hence they are illegal according to the State Redress Act.

Later, the causal relationship was explained between Mr. Suraj’s death and the acts of immigration officers.
How irrational the argument by the defendant side is, according to which Mr. Suraj’s heart stopped due to a disease at the exact moment when he was forced into a dangerous pressured position by immigration officers. Also, the state side failed to produce any scientific evidence in their argument which is based solely on the doctor’s testimony. Based on such facts, it was explained, that it is clear to anyone who looks at it that Mr. Suraj passed away because of the dangerous restraint.