:Death of Wishma Sandamali
{{Short description|2021 death in Japanese immigration custody}}
{{Use mdy dates|date=July 2022}}
{{Family name hatnote|Rathnayake Liyanage|lang=Sinhala}}
{{infobox person
| name = Wishma Sandamali
| image = Wishma Sandamali.jpg
| alt =
| caption =
| birth_name = Rathnayake Liyanage Wishma Sandamali
| birth_date = {{Birth date|1987|12|5}}
| birth_place = Elpitiya, Sri Lanka{{cite news|last=Jayaratne|first=Chandima|date=March 20, 2021|url=https://www.silumina.lk/2021/03/20/%E0%B7%80%E0%B7%92%E0%B7%81%E0%B7%9A%E0%B7%82%E0%B7%8F%E0%B6%82%E0%B6%9C/%E0%B6%A2%E0%B6%B4%E0%B6%B1%E0%B7%8A-%E0%B7%83%E0%B6%82%E0%B6%9A%E0%B7%8A%E2%80%8D%E0%B6%BB%E0%B6%B8%E0%B6%AB%E0%B7%92%E0%B6%9A-%E0%B6%9A%E0%B6%B3%E0%B7%80%E0%B7%94%E0%B6%BB%E0%B6%9A-%E0%B6%85%E0%B6%B7%E0%B7%92%E0%B6%BB%E0%B7%84%E0%B7%83%E0%B7%8A-%E0%B6%BD%E0%B7%99%E0%B7%83-%E0%B6%B8%E0%B7%92%E0%B6%BA-%E0%B6%9C%E0%B7%92%E0%B6%BA-%E0%B7%80%E0%B7%92%E0%B7%81%E0%B7%8A%E0%B6%B8%E0%B7%8F|script-title=si:ජපන් සංක්රමණික කඳවුරක අභිරහස් ලෙස මිය ගිය විශ්මා|work=Silumina|language=si|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220625150931/https://www.silumina.lk/2021/03/20/%E0%B7%80%E0%B7%92%E0%B7%81%E0%B7%9A%E0%B7%82%E0%B7%8F%E0%B6%82%E0%B6%9C/%E0%B6%A2%E0%B6%B4%E0%B6%B1%E0%B7%8A-%E0%B7%83%E0%B6%82%E0%B6%9A%E0%B7%8A%E2%80%8D%E0%B6%BB%E0%B6%B8%E0%B6%AB%E0%B7%92%E0%B6%9A-%E0%B6%9A%E0%B6%B3%E0%B7%80%E0%B7%94%E0%B6%BB%E0%B6%9A-%E0%B6%85%E0%B6%B7%E0%B7%92%E0%B6%BB%E0%B7%84%E0%B7%83%E0%B7%8A-%E0%B6%BD%E0%B7%99%E0%B7%83-%E0%B6%B8%E0%B7%92%E0%B6%BA-%E0%B6%9C%E0%B7%92%E0%B6%BA-%E0%B7%80%E0%B7%92%E0%B7%81%E0%B7%8A%E0%B6%B8%E0%B7%8F|archive-date=June 25, 2022|url-status=live}}
| death_date = {{Death date and age|2021|3|6|1987|12|5}}
| death_place = Minato-ku, Nagoya, Japan
| other_names = Wishma Rathnayake
}}
Rathnayake Liyanage Wishma Sandamali{{Efn|The family name is also commonly spelled Ratnayake,{{cite news|last=Sim|first=Walter|date=April 24, 2021|url=https://www.straitstimes.com/asia/east-asia/a-sri-lankans-tragic-death-in-japan-casts-a-harsh-spotlight-on-controversial-refugee|title=A Sri Lankan's tragic death in Japan casts a harsh spotlight on controversial refugee system|work=The Straits Times|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220201191023/https://www.straitstimes.com/asia/east-asia/a-sri-lankans-tragic-death-in-japan-casts-a-harsh-spotlight-on-controversial-refugee|archive-date=February 1, 2022|url-status=live}}{{cite book|author=Amnesty International|year=2022|title=Amnesty International Report 2021/22: The State of the World's Human Rights|page=214|isbn=978-0-86210-505-1|url=https://www.amnesty.org/en/wp-content/uploads/2022/03/WEBPOL1048702022ENGLISH.pdf|archive-url=https://web.archive.org/web/20220517033743/https://www.amnesty.org/en/wp-content/uploads/2022/03/WEBPOL1048702022ENGLISH.pdf|archive-date=May 17, 2022|url-status=live}} though her passport and papers released by Silumina spell it Rathnayake. According to Sinhalese naming customs, this person should be referred to by her first name, Wishma. Some American media have referred to her as Wishma Rathnayake.{{cite news|last1=Dooley|first1=Ben|last2=Ueno|first2=Hisako|date=May 18, 2021|url=https://www.nytimes.com/2021/05/18/world/asia/japan-refugee-wishma-rathnayake.html|title=Japan Is Shaken After a Detainee, Wasting Away, Dies Alone in Her Cell|work=The New York Times|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220621072332/https://www.nytimes.com/2021/05/18/world/asia/japan-refugee-wishma-rathnayake.html|archive-date=June 21, 2022|url-status=live}}{{cite news|last1=Ueno|first1=Hisako|last2=Dooley|first2=Ben|date=August 10, 2021|url=https://www.nytimes.com/2021/08/10/world/asia/japan-immigration-refugee-wishma-rathnayake.html|title=Her Death Shook Japan. It May Not Shift Refugee Rules.|work=The New York Times|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220415020844/https://www.nytimes.com/2021/08/10/world/asia/japan-immigration-refugee-wishma-rathnayake.html|archive-date=April 15, 2022|url-status=live}}{{cite news|last=Jozuka|first=Emiko|date=December 5, 2021|url=https://edition.cnn.com/2021/12/04/asia/japan-immigration-detention-wishma-death-hnk-intl-dst/index.html|title=Her dream to teach English in Japan ended with a lesson for the country|work=CNN|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220416011647/https://edition.cnn.com/2021/12/04/asia/japan-immigration-detention-wishma-death-hnk-intl-dst/index.html|archive-date=April 16, 2022|url-status=live}}}} ({{langx|si|රත්නායක ලියනගේ විශ්මා සඳමාලි}}; December 5, 1987 – March 6, 2021) was a Sri Lankan woman who died in custody at an immigration detention facility in Nagoya, Japan, after her requests for provisional release and adequate medical care were denied. Japanese authorities detained Wishma in August 2020 for overstaying her visa, which was discovered after she reported experiencing domestic violence.
Wishma was the 17th person to die in Japanese immigration detention since 2007.{{cite news|url=https://www.asahi.com/ajw/articles/14415614|title=Sisters question ‘final’ report on death of detainee from Sri Lanka|date=August 11, 2021|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20210813041030/https://www.asahi.com/ajw/articles/14415614|archive-date=August 13, 2021|url-status=live}} Her death prompted renewed criticism of Japan's strict immigration control, which accepted only 0.4% of asylum applications in 2019.{{cite news|url=https://www.reuters.com/world/asia-pacific/japan-withdraws-immigration-bill-after-death-sri-lankan-sparks-criticism-2021-05-18/|title=Japan withdraws immigration bill after death of Sri Lankan sparks criticism|work=Reuters|date=May 19, 2021|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220519024556/https://www.reuters.com/world/asia-pacific/japan-withdraws-immigration-bill-after-death-sri-lankan-sparks-criticism-2021-05-18/|archive-date=May 19, 2022|url-status=live}} Prosecutors have dropped charges against immigration officials. A civil lawsuit against the Japanese government is ongoing.{{cite web|url=https://www.call4.jp/info.php?type=items&id=I0000094|title=Wishma v. Japan|publisher=Call4|website=Call4|date=March 1, 2022|access-date=December 17, 2024|url-status=live|archive-url=https://web.archive.org/web/20241217132941/https://www.call4.jp/info.php?type=items&id=I0000094|archive-date=December 17, 2024}}
Early life
Wishma Sandamali was born in Elpitiya, Sri Lanka, on December 5, 1987.{{cite news|last=Wada|first=Hiroaki|date=December 6, 2021|url=https://mainichi.jp/english/articles/20211206/p2a/00m/0na/014000c|title=Memorial service held on birthday of Sri Lankan who died at Japan immigration center|work=The Mainichi|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220103235404/https://mainichi.jp/english/articles/20211206/p2a/00m/0na/014000c|archive-date=January 3, 2022}} She arrived in Japan in June 2017 on a student visa to attend a Japanese-language school in Chiba Prefecture.{{cite news|last=Ito|first=Kazuya|date=August 10, 2021|url=https://www.asahi.com/ajw/articles/14414924|title=Final report on death of Sri Lankan detainee details failures|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20210813211624/https://www.asahi.com/ajw/articles/14414924|archive-date=August 13, 2021|url-status=live}} She soon began missing classes as she suffered violence from her Sri Lankan boyfriend who was living with her,{{cite news|url=https://www.tokai-tv.com/newsone/corner/20210618srilankawoman-nyukan.html|script-title=ja:暴力に耐えかね交番へ…入管からの「仮放免」求めた外国人女性の死が問う”難民鎖国ニッポン“の問題|work=Tokai Television|language=ja|date=June 21, 2021|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220523140854/https://www.tokai-tv.com/newsone/corner/20210618srilankawoman-nyukan.html|archive-date=May 23, 2022|url-status=live}} and allowance from her family stopped coming.{{cite news|last=Toyoda|first=Naoya|date=April 7, 2021|url=https://www.tokyo-np.co.jp/article/96348|script-title=ja:SOS聞き入れられず…名古屋入管で亡くなった33歳スリランカ人女性 「助けてあげたかった」支援者の無念|work=Tokyo Shimbun|language=ja|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220516064344/https://www.tokyo-np.co.jp/article/96348|archive-date=May 16, 2022|url-status=live}} Unable to pay the tuition, she was expelled from the school and lost her visa status in June 2018.
Detention
File:Nagoya Regional Immigration Bureau 01.JPG, Nagoya, where Wishma was held]]
In August 2020, Wishma went to a police station in Shimizu, Shizuoka, to seek shelter from her boyfriend's domestic violence, only to be sent to a detention facility run by the Nagoya Regional Immigration Services Bureau.{{cite news|last=Mochizuki|first=Isoko|date=July 10, 2021|url=https://www.tokyo-np.co.jp/article/115908|script-title=ja:ウィシュマさんのDV被害 入管取り合わず 保護定めた通知違反か|work=Tokyo Shimbun|language=ja|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220517065526/https://www.tokyo-np.co.jp/article/115908|archive-date=May 17, 2022|url-status=live}} This was despite a 2008 directive from Japan's Immigration Bureau (later Immigration Services Agency) to its facilities to treat domestic violence victims with appropriate care and possibly grant them residency.
Wishma stated that she wanted to return to Sri Lanka, but she was put on a waiting list as she could not afford a flight home as commercial flights were unavailable due to the COVID-19 pandemic. After receiving threats from her ex and being offered potential accommodation from a supporter, she decided to ask to stay in Japan, and applied for provisional release on January 4, 2021,{{cite news|last1=Oma|first1=Chinami|last2=Murakami|first2=Toshiyuki|last3=Hirose|first3=Mizuki|last4=Maillard|first4=Rod|date=May 25, 2021|url=https://www3.nhk.or.jp/news/html/20210525/k10013042051000.html|script-title=ja:スリランカ人女性の死が投げかける入管施設の“長期収容”問題|work=NHK|language=ja|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220516064657/https://www3.nhk.or.jp/news/html/20210525/k10013042051000.html|archive-date=May 16, 2022|url-status=live}} which was rejected on February 16.
Around mid-January 2021, she became ill and began experiencing a range of symptoms such as nausea, vomiting, loss of appetite, numbness, and difficulty walking.{{cite news|last1=Kishitsu|first1=Rei|last2=Ono|first2=Haruka|last3=Ara|first3=Chihiro|date=May 13, 2021|url=https://www.asahi.com/ajw/articles/14347779|title=Sri Lanka family wants to know why daughter died in detention|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20210805060930/https://www.asahi.com/ajw/articles/14347779|archive-date=August 5, 2021|url-status=live}}{{cite news|last=Yamamoto|first=Masakatsu|date=August 10, 2021|url=https://mainichi.jp/english/articles/20210810/p2a/00m/0na/009000c|title=Japan immigration agency says 'lack of crisis awareness' behind Sri Lankan woman's death|work=The Mainichi|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220211111528/https://mainichi.jp/english/articles/20210810/p2a/00m/0na/009000c|archive-date=February 11, 2022|url-status=live}} On February 5, a gastroenterologist saw her and suspected she had reflux esophagitis, and prescribed medication, which the doctor said should be administered intravenously if she could not take it orally.{{cite news|last1=Kishitsu|first1=Rei|last2=Ito|first2=Kazuya|date=May 14, 2021|url=https://www.asahi.com/ajw/articles/14349677|title=Sri Lankan who died in detention recommended to be hospitalized|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20211215083325/https://www.asahi.com/ajw/articles/14349677|archive-date=December 15, 2021|url-status=live}} When a supporter met her on February 9, she was on a wheelchair, carrying a bucket for vomiting, and had lost {{convert|15.5|kg}}. A urine test on February 15 showed she was in a state of starvation.{{cite news|url=https://www.asahi.com/ajw/articles/14647083|title=Prosecutors drop case over death of detained Sri Lankan woman|date=June 17, 2022|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220623074803/https://www.asahi.com/ajw/articles/14647083|archive-date=June 23, 2022|url-status=live}} On February 22, she filed another application for provisional release. As her condition deteriorated, Wishma repeatedly made requests to see a doctor at a hospital, which the facility denied on the grounds that an appointment had already been set. On March 4, a psychiatrist saw her, prescribed an antipsychotic, and recommended provisional release. Two days later, she was found unresponsive and taken to a hospital, where she was pronounced dead. Although her blood pressure and pulse had been undetectable since the morning of March 5, an ambulance was not called until 2:15 pm on March 6.{{cite news|last=Kamihigashi|first=Asako|date=December 24, 2021|url=https://mainichi.jp/articles/20211223/k00/00m/040/349000c|script-title=ja:ウィシュマさんの映像から言えることは 専門家がイラストを分析|work=Mainichi Shimbun|language=ja|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220529143728/https://mainichi.jp/articles/20211223/k00/00m/040/349000c|archive-date=May 29, 2022|url-status=live}} An autopsy report disclosed to parliament members named a complication from thyroiditis and failure of organs such as the kidneys as the likely cause of her death.
According to the Immigration Services Agency's report, supporters visited Wishma 25 times, and between February 3 and March 3 made four requests that she be taken to a hospital, receive intravenous therapy, and be granted provisional release. Top officials of the bureau were aware of neither the requests nor the psychiatrist's recommendation for release. On March 1, an officer made a mocking remark when Wishma had trouble swallowing drink and it regurgitated through her nose. On the day she died, an officer asked her if she was "high", referring to the antipsychotic she had taken. The report said some detention officers believed detainees would exaggerate their health problems in order to obtain provisional release.
Response
A funeral was held on May 16, 2021.{{cite news|url=https://www.asahi.com/ajw/articles/14351555|title=Funeral service held in Nagoya for Sri Lankan detainee|date=May 17, 2021|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220307071915/https://www.asahi.com/ajw/articles/14351555|archive-date=March 7, 2022|url-status=live}} On May 17, two sisters of Wishma visited the Nagoya bureau, and told the press the bureau failed to provide an adequate explanation of what led to her death.{{cite news|last=Ono|first=Haruka|date=May 18, 2021|url=https://www.asahi.com/ajw/articles/14352385|title=Sisters of Sri Lankan who died in detention slam officials’ account|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220301212756/https://www.asahi.com/ajw/articles/14352385|archive-date=March 1, 2022|url-status=live}} The sisters met Minister of Justice Yōko Kamikawa on May 18 and asked her to release surveillance footage of Wishma in detention,{{cite news|last=Kitano|first=Ryuichi|date=May 19, 2021|url=https://www.asahi.com/ajw/articles/14353236|title=Sisters to Sri Lankan who died urge minister to release video|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220307071939/https://www.asahi.com/ajw/articles/14353236|archive-date=March 7, 2022|url-status=live}} which the agency had refused citing security and privacy.{{cite news|last=Yokoyama|first=Tsubasa|date=May 20, 2021|url=https://www.asahi.com/ajw/articles/14354011|title=Refusal to release video of Sri Lankan’s death raises suspicions|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20210521164540/http://www.asahi.com/ajw/articles/14354011|archive-date=May 21, 2021|url-status=live}}
=Reports by the immigration agency=
On April 9, 2021, the Immigration Services Agency published an interim report about the event, which did not specify the cause of her death.{{cite news|url=https://www.asahi.com/ajw/articles/14328388|title=Still waiting for answers into Sri Lankan’s death a month ago|date=April 10, 2021|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220422012711/https://www.asahi.com/ajw/articles/14328388|archive-date=April 22, 2022|url-status=live}} In May 2021, it was reported that the interim report falsely stated that the gastroenterologist who saw Wishma never recommended intravenous therapy or hospitalization, despite her medical records showing they indeed did. The Ministry of Justice explained that, even though it had obtained the medical records, the report stated that there was no recommendation because the bureau had told the ministry that the records were not factual.{{cite news|last=Miyahara|first=Kenta|date=May 14, 2021|url=https://mainichi.jp/english/articles/20210514/p2a/00m/0na/016000c|title=Japan ministry's report on Sri Lankan woman's death excluded doctor's note as 'nonfactual'|work=The Mainichi|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20210619195341/https://mainichi.jp/english/articles/20210514/p2a/00m/0na/016000c|archive-date=June 19, 2021|url-status=live}}
On August 10, 2021, the agency published a "final report", admonished the then-director and the deputy director-general of the bureau, and reprimanded two other officials. The report concluded that Wishma died of an illness, but it said multiple factors likely contributed to her death and the cause of death could not be determined. The report blamed the bureau's lack of an adequate reporting system and of medical care on weekends. The sisters said they were skeptical of the report. A lawyer for the family said, "The immigration office shifted responsibility to the local bureau's medical care system and its officers' morality. It is trying to avoid liability and close this case with light punishments."
=Showing and preservation of surveillance footage=
On August 12, 2021, the agency showed the sisters edited footage of the final two weeks of Wishma in detention. Although the footage was two hours long, the sisters stopped watching about 70 minutes in as they were disturbed by the content. Footage showed Wishma, on February 26, fall out of bed and ask for help over the intercom 23 times in the course of three hours, only to have a blanket put over her. One of the sisters said, "I feel officials treated my sister like an animal and killed her."{{cite news|last=Kitano|first=Ryuichi|date=August 13, 2021|url=https://www.asahi.com/ajw/articles/14417189|title=Sisters of late Sri Lankan detainee appalled by video of her in custody|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20210815221310/https://www.asahi.com/ajw/articles/14417189|archive-date=August 15, 2021|url-status=live}}{{cite news|last=Mochizuki|first=Isoko|date=August 12, 2021|url=https://www.tokyo-np.co.jp/article/123794|script-title=ja:【動画】23回助け求めても3時間放置…ベッドから落下のウィシュマさんに職員 入管庁が映像公開 「人の道を外れてる」と遺族ら|work=Tokyo Shimbun|language=ja|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220622021749/https://www.tokyo-np.co.jp/article/123794|archive-date=June 22, 2022|url-status=live}}
On September 6, 2021, the Nagoya District Court granted the family's request to preserve 295-hour surveillance footage of Wishma from February 22 until her death, which was kept on dozens of DVDs. On October 1, one of the sisters and the family's lawyers saw some of the footage in a session that lasted about two and a half hours.{{cite news|last1=Kishitsu|first1=Rei|last2=Kitano|first2=Ryuichi|date=October 6, 2021|url=https://www.asahi.com/ajw/articles/14455336|title=Video proof Sri Lankan woman abused, lawyer for family says|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220201224818/https://www.asahi.com/ajw/articles/14455336|archive-date=February 1, 2022|url-status=live}} The same day, a group submitted to the agency a petition with 93,148 signatures demanding public release of the entire footage.{{cite news|last=Kamihigashi|first=Asako|date=October 2, 2021|url=https://mainichi.jp/english/articles/20211002/p2a/00m/0na/012000c|title=93K sign petition calling for truth of Sri Lankan's death at Japan immigration center|work=The Mainichi|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20211222124219/https://mainichi.jp/english/articles/20211002/p2a/00m/0na/012000c|archive-date=December 22, 2021|url-status=live}}
Some footage was shown to members of the Judicial Affairs Committee at the lower and upper houses of the Diet on December 24 and 27, 2021, respectively. After seeing the footage, representative Ryuichi Yoneyama (independent), who is a physician, said, "It's obvious for anyone with medical expertise that she wasn't faking her illness, and leaving someone who is complaining about health issues as much as she did unattended is unthinkable at hospitals or nursing homes." Representative Takeshi Shina (CDP) said he found inconsistencies between the final report and the footage.{{cite news|last=Kamihigashi|first=Asako|date=January 25, 2022|url=https://mainichi.jp/english/articles/20220124/p2a/00m/0na/009000c|title=Japanese lawmakers describe immigration bureau's mistreatment of Sri Lankan woman who died|work=The Mainichi|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220603024117/https://mainichi.jp/english/articles/20220124/p2a/00m/0na/009000c|archive-date=June 3, 2022|url-status=live}}
In February 2023, a five-hour clip of the footage was released to the public as a court record about the civil case.{{cite news|url=https://www3.nhk.or.jp/nhkworld/en/news/20230212_01/|title=Japan court releases video of Sri Lankan woman who died at detention center|work=NHK World|date=February 12, 2023|archive-url=https://web.archive.org/web/20230212152422/https://www3.nhk.or.jp/nhkworld/en/news/20230212_01/|archive-date=February 12, 2023|url-status=live}} On April 6, 2023, lawyers for the family released seven clips of the footage to the public.{{cite news|url=https://english.kyodonews.net/news/2023/04/a5d6e9c74832-video-of-sri-lankan-who-died-in-detention-in-japan-shown-to-public.html|title=Video of Sri Lankan who died in detention in Japan shown to public|work=Kyodo News|date=April 6, 2023|access-date=April 6, 2023|archive-url=https://web.archive.org/web/20230406102135/https://english.kyodonews.net/news/2023/04/a5d6e9c74832-video-of-sri-lankan-who-died-in-detention-in-japan-shown-to-public.html|archive-date=April 6, 2023|url-status=live}}{{cite news|url=https://www.tokyo-np.co.jp/article/242491|script-title=ja:【動画あり】ウィシュマさん「私きょう死ぬ」 呼びかけに反応しない姿も 弁護団が監視カメラの映像公開|work=Tokyo Shimbun|language=ja|date=April 6, 2023|access-date=April 6, 2023|archive-url=https://web.archive.org/web/20230406113452/https://www.tokyo-np.co.jp/article/242491|archive-date=April 6, 2023|url-status=live}} On April 17, 2023, the footage was shown to members of the lower-house Judicial Affairs Committee.{{cite news|url=https://www3.nhk.or.jp/nhkworld/en/news/20230417_12/|title=Late Sri Lankan detainee video shown to Japan Lower House committee|work=NHK World|date=April 17, 2023|access-date=April 23, 2023|archive-url=https://web.archive.org/web/20230423152638/https://www3.nhk.or.jp/nhkworld/en/news/20230417_12/|archive-date=April 23, 2023|url-status=live}}
=Criminal complaints=
On November 9, 2021, the sisters filed a criminal complaint with the Nagoya District Public Prosecutors Office against officials of the bureau.{{cite news|url=https://english.kyodonews.net/news/2021/11/6ed1cc80a1a2-family-of-dead-sri-lankan-files-criminal-complaint-against-officials.html|title=Family of dead Sri Lankan files criminal complaint against Japan officials|date=November 9, 2021|work=Kyodo News|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20211122052400/https://english.kyodonews.net/news/2021/11/6ed1cc80a1a2-family-of-dead-sri-lankan-files-criminal-complaint-against-officials.html|archive-date=November 22, 2021|url-status=live}} A university teacher also filed a complaint with the office in June 2021.{{cite news|last=Kawase|first=Shinichiro|date=July 2, 2021|url=https://mainichi.jp/english/articles/20210702/p2a/00m/0na/047000c|title=Bereaved family of Sri Lankan woman who died in Nagoya detention meets prosecutors|work=The Mainichi|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220211111530/https://mainichi.jp/english/articles/20210702/p2a/00m/0na/047000c|archive-date=February 11, 2022|url-status=live}} On June 17, 2022, the prosecutors dropped the charges against 13 officials, saying they could not identify a causal link between the facility's treatment of Wishma and her death.{{cite news|url=https://sp.m.jiji.com/english/show/20356|title=Japanese Officials Not Indicted over Detainee Death|work=Jiji Press News|date=June 17, 2022|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220626032230/https://sp.m.jiji.com/english/show/20356|archive-date=June 26, 2022|url-status=live}}{{cite news|url=https://www3.nhk.or.jp/nhkworld/en/news/20220617_25/|title=Japan prosecutors drop case against officials over Sri Lankan woman's death|work=NHK World|date=June 17, 2022|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220618021554/https://www3.nhk.or.jp/nhkworld/en/news/20220617_25/|archive-date=June 18, 2022|url-status=live}} On December 21, 2022, a committee for the inquest of prosecution found the prosecutors' decision inappropriate, directing them to reopen the case.{{cite news|last=Takahashi|first=Toshinari|date=December 26, 2022|url=https://www.asahi.com/ajw/articles/14802411|title=Inquest panel rules death of Wishma should be reinvestigated|work=The Asahi Shimbun|access-date=December 26, 2022|archive-url=https://web.archive.org/web/20221226094255/https://www.asahi.com/ajw/articles/14802411|archive-date=December 26, 2022|url-status=live}} On September 29, 2023, the prosecutors again dropped the charges.{{cite news|url=https://english.kyodonews.net/news/2023/09/630a23360818-charges-dropped-again-over-death-of-detained-sri-lankan-woman.html|title=Charges dropped again over death of detained Sri Lankan woman|work=Kyodo News|date=September 29, 2023|access-date=September 30, 2023|archive-url=https://web.archive.org/web/20230929220628/https://english.kyodonews.net/news/2023/09/630a23360818-charges-dropped-again-over-death-of-detained-sri-lankan-woman.html|archive-date=September 29, 2023|url-status=live}}
=Civil lawsuit=
In March 2022, the mother and sisters of Wishma filed a lawsuit against the Japanese government, seeking 156 million yen in damages.{{cite news|url=https://www.asahi.com/ajw/articles/14561033|title=Family of Sri Lankan who died in detention to sue for damages|date=March 1, 2022|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220322041556/https://www.asahi.com/ajw/articles/14561033|archive-date=March 22, 2022|url-status=live}}{{cite news|url=https://english.kyodonews.net/news/2022/06/ea12ef22fcda-family-of-dead-sri-lankan-detainee-demands-apology-from-japan-govt.html|title=Family of dead Sri Lankan detainee demands apology from Japan gov't|date=June 8, 2022|work=Kyodo News|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220622081059/https://english.kyodonews.net/news/2022/06/ea12ef22fcda-family-of-dead-sri-lankan-detainee-demands-apology-from-japan-govt.html|archive-date=June 22, 2022|url-status=live}} In September 2022, the Nagoya District Court requested that the government submit five hours of the preserved surveillance footage as evidence. The government accepted the request on the day of the deadline to respond in November.{{cite news|last=Fuji|first=Kenichiro|date=November 15, 2022|url=https://mainichi.jp/english/articles/20221115/p2a/00m/0na/006000c|title=Japan gov't to submit security footage to court over death of detained Sri Lankan|work=The Mainichi|access-date=December 26, 2022|archive-url=https://web.archive.org/web/20221126040654/https://mainichi.jp/english/articles/20221115/p2a/00m/0na/006000c|archive-date=November 26, 2022|url-status=live}} The family received the footage on December 16, 2022.{{cite news|url=https://www.bengo4.com/c_16/n_15460/|script-title=ja:ウィシュマさん入管映像は「非常に残酷な内容でした」 国が証拠提出、遺族は耐えられず一部だけ視聴|work=Bengo4.com|language=ja|date=December 26, 2022|access-date=December 26, 2022}} In February 2023, the court released a five-hour clip of the footage to the public as a record about the case. The clip was shown during the oral proceedings on June 21 and July 12, 2023.{{cite news|url=https://www.nippon.com/en/news/yjj2023062101029/|title=Video of Sri Lankan Detainee before Her Death Shown in Court|work=Nippon.com|agency=Jiji|date=June 21, 2023|access-date=June 21, 2023}}{{cite news|last=Tanaka|first=Richi|date=July 13, 2023|url=https://mainichi.jp/english/articles/20230713/p2a/00m/0na/004000c|title=2 hours of security footage of Sri Lankan woman who died in detention shown at Nagoya court|work=The Mainichi|access-date=July 13, 2023}}
=Immigration revision bill=
Wishma's death came at a time when the National Diet was to deliberate a government bill to revise the Immigration Control and Refugee Recognition Act, which would have allowed deportation of asylum seekers. On March 31, 2021, a group comprising the Working Group on Arbitrary Detention and three special rapporteurs of the United Nations issued a statement saying the bill could violate the International Covenant on Civil and Political Rights.{{cite news|last=Ara|first=Chihiro|date=April 7, 2021|url=https://www.asahi.com/ajw/articles/14326430|title=U.N. experts urge Japan to review immigration law draft revisions|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220110204213/https://www.asahi.com/ajw/articles/14326430|archive-date=January 10, 2022|url-status=live}} Daily sit-ins in protest against the bill were staged in front of the Diet since April 16. On April 22, a group handed the Ministry of Justice 106,792 signatures demanding the bill be withdrawn.{{cite news|last=Maillard-Belmonte|first=Rodrigue|date=May 1, 2021|url=https://www3.nhk.or.jp/nhkworld/en/news/backstories/1628/|title=Foreigners in fear of Japan's immigration proposals|work=NHK World|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20210502105757/https://www3.nhk.or.jp/nhkworld/en/news/backstories/1628/|archive-date=May 2, 2021|url-status=live}} Protest rallies were staged across Japan on May 16 to coincide with Wishma's funeral. The ruling parties dropped the bill on May 18.{{cite news|url=https://www.asahi.com/ajw/articles/14352472|title=Immigration bill dropped after death of Sri Lankan woman|date=May 18, 2021|work=The Asahi Shimbun|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220331075356/https://www.asahi.com/ajw/articles/14352472|archive-date=March 31, 2022|url-status=live}} The administration passed on resubmitting the bill to the Diet session beginning in January 2022, fearing impact on the upper-house election in July.{{cite news|url=https://english.kyodonews.net/news/2022/01/d81d429ab6be-japan-will-not-seek-immigration-law-amendment-before-summer-election.html|title=Japan will not seek immigration law amendment before summer election|date=January 9, 2022|work=Kyodo News|access-date=June 26, 2022|archive-url=https://web.archive.org/web/20220110095140/https://english.kyodonews.net/news/2022/01/d81d429ab6be-japan-will-not-seek-immigration-law-amendment-before-summer-election.html|archive-date=January 10, 2022|url-status=live}}
The government submitted a similar bill, which would limit the number of times a foreign national can apply for refugee status to two, to the Diet session beginning in January 2023.{{cite news|last=Tauchi|first=Kosuke|date=January 12, 2023|url=https://www.asahi.com/ajw/articles/14812723|title=Rights groups expected to denounce bill on immigration|work=The Asahi Shimbun|access-date=January 13, 2023|archive-url=https://web.archive.org/web/20230112224636/https://www.asahi.com/ajw/articles/14812723|archive-date=January 12, 2023|url-status=live}} Amid protests, the bill was approved by the Cabinet on March 7{{cite news|last=Takahara|first=Nakako|date=March 7, 2023|url=https://www.japantimes.co.jp/news/2023/03/07/national/immigration-law-revisions/|title=Japan's Cabinet OKs overhaul of immigration system|work=The Japan Times|access-date=March 8, 2023|archive-url=https://web.archive.org/web/20230308130904/https://www.japantimes.co.jp/news/2023/03/07/national/immigration-law-revisions/|archive-date=March 8, 2023|url-status=live}} and was enacted by the Diet on June 9.{{cite news|url=https://english.kyodonews.net/news/2023/06/2332cd3ad280-japan-diet-passes-controversial-bill-to-revise-immigration-law.html|title=Japan parliament passes controversial bill to revise immigration law|work=Kyodo News|date=June 9, 2023|access-date=June 9, 2023|archive-url=https://web.archive.org/web/20230609173841/https://english.kyodonews.net/news/2023/06/2332cd3ad280-japan-diet-passes-controversial-bill-to-revise-immigration-law.html|archive-date=June 9, 2023|url-status=live}}{{cite news|last1=Tauchi|first1=Kosuke|last2=Hirayama|first2=Ari|last3=Tsuru|first3=Shingo|date=April 29, 2023|url=https://www.asahi.com/ajw/articles/14897196|title=Immigration bill scrapped 2 years ago set to pass virtually intact|work=The Asahi Shimbun|access-date=April 30, 2023|archive-url=https://web.archive.org/web/20230430025709/https://www.asahi.com/ajw/articles/14897196|archive-date=April 30, 2023|url-status=live}} On April 18, the Working Group on Arbitrary Detention and special rapporteurs of the United Nations issued a communication stating that the bill falls short of international human rights standards.{{cite web|url=https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27995|title=Mandates of the Special Rapporteur on the human rights of migrants; the Working Group on Arbitrary Detention and the Special Rapporteur on freedom of religion or belief|type=PDF|publisher=United Nations Office of the High Commissioner for Human Rights|date=April 18, 2023|access-date=April 23, 2023|archive-url=https://web.archive.org/web/20230421093350/https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27995|archive-date=April 21, 2023|url-status=live}}
In May 2023, representative Mizuho Umemura was removed from the upper-house Judicial Affairs Committee by her party, Nippon Ishin no Kai, after she was criticized for remarking that Wishma "may have died from poor health caused by a hunger strike" and that her supporter may have given her "the faint hope that she would be released on parole if she became ill, leading to the situation where doctors pointed out the possibility that she was not really sick".{{cite news|last1=Abe|first=Shihoko|last2=Takeuchi|first2=Nozomu|date=May 19, 2023|url=https://mainichi.jp/english/articles/20230519/p2a/00m/0na/004000c|title=Japan opposition disciplines member for remarks over late Sri Lankan woman|work=The Mainichi|access-date=June 12, 2023|archive-url=https://web.archive.org/web/20230525104117/https://mainichi.jp/english/articles/20230519/p2a/00m/0na/004000c|archive-date=May 25, 2023|url-status=live}}
Notes
{{notelist}}
References
{{reflist}}
External links
- {{YouTube|p=PLfQfmKCVRIkkHrVtYW8mOqzwqmXXJoqiD|Surveillance footage}}
{{DEFAULTSORT:Wishma Sandamali}}
Category:Sri Lankan expatriates in Japan
Category:People from Galle District
Category:Prisoners who died in Japanese detention