Go Kajitani
President
Japan Federation of Bar Associations

Ref: No114

28 March 2005

Warning Letter

Masuo Okumura
Commissioner Tokyo
Metropolitan Police Department

Consequent upon our examination into a complaint of human rights violation presented by the Japan Confederation of Railway Workers’ Unions (hereinafter referred to as JRU), the Japan Federation of Bar Associations issues the following warning to your department.

(1) Content of the warning
Regarding the case of alleged coercion by the seven suspects including Kunio Yanaji, which occurred at JR Urawa Electric Train Depot of East Japan Railway Company (hereinafter referred to as JR-East), your department carried out domiciliary searches at a total of 64 spots in six prefectures of Kanto and confiscated a total of 1094 items there on 1, 6, 9, 12, 14 and 17 November, 2002. Though this case took place at a union facility in JR Urawa Electric Train Depot, the 64 searched locations included not only the East Japan Railway Union (hereinafter referred to as JREU) Omiya District Headquarters to which above-referenced suspects belong and its sub-branches, but also 7 JREU offices in Tokyo, Yokohama and Odawara, 3 company facilities including a conductors’ depot, and residences, bodies and lockers of officers belonging to the Central Headquarters and Tokyo District Headquarters of JREU. The 1094 items included 14 accounting documents, 96 lists of JREU officers, 11 documents related to the Peace Constitution League (Kyujoren), 22 documents related to the monthly magazine Shizen to ningen (Humans and nature), and 33 items such as videotapes and documents relating to QC activity and OJT.

 However, it seems that searches of the Omiya District Headquarters of JREU and its sub-branches, and the above-mentioned 14 JREU accounting documents that were seized, had little relevance to the alleged coercion, and it can be surmised that this search and seizure aimed not to establish the allegations but rather to investigate the complainant trade union’s organization and gain an understanding of its activities. Thus, it is highly probable that this search and seizure constituted a breach of Article 35 of the Constitution and Article17-1 of the International Covenant on Civil and Political Rights.

 Therefore we warn your department not to infringe upon fundamental human rights by conducting searches and seizures in breach of the above-mentioned Article 35 of the Constitution and Article17-1 of the International Covenant on Civil and Political Rights.

(2) Reasons for the warning
Described in the enclosed report.

*This document is translated by JRU International Office.