Govinda Mainali, wrongfully imprisoned in Japan, has reportedly demanded 68 million yen (Rs 69 million) as compensation, the highest amount he can claim as per Japanese law. Mainali was jailed in 1997, accused of raping and murdering a woman in Tokyo. He was falsely convicted in 2000 of murdering Yasuko Watanabe, an elite career woman at the Tokyo Electric Power Company by day and a prostitute by night. Mainali appealed for retrial in 2005, and it was only years later, when the DNA results came out, he was finally released. In total, the innocent man served 15 years in prison, where he claims to have been routinely tortured by the police. A court in Japan formally acquitted Mainali last November, declaring him innocent of all alleged crimes. Pictures of his return home and reunion with family members made front-page news in Nepal, given a happier twist to what had until then been a painful story. The family reunion was made poignant by the fact that he had missed his two daughters growing up, both of whom were toddlers when he left for Japan.
In all this, some credit has to given to the Japanese media. All along, they kept the story alive, putting pressure on the criminal justice system to go for a retrial. They even sent correspondents to Mainali’s home in Ilam to interview his family members (and old father), who vouched for Mainali’s innocence. In doing so, the Japanese media demonstrated deep sensitivity for a poor and voiceless man, giving ample benefit of the doubt to Mainali, very unlike Japanese officialdom. In that respect, the Japanese media deserves special mention. The larger story is that the Mainali saga has brought to light the deep malaise in the Japanese criminal justice system. Japan has an abnormally high, 99.8 percent, conviction rate in criminal cases, one of the highest for a democratic society. Problems with the system were starkly apparent during Mainali’s trial—the prosecution withheld important information that could have saved him from jail, such as the blood type found on the victim’s chest not matching up to Mainali’s.
Last November, the Japanese government finally apologised to Mainali. This indeed is a welcome step and follows the earlier verdict acquitting him of the crimes. While Mainali has won the battle, the war is not over yet. He will only be delivered full justice once he receives due compensation. We say that Mainali deserves the highest possible bid. By delivering justice to Mainali, Japan can make a statement, not just to him and his family members (obviously the ones who have suffered the most), but to migrant Nepalis and to the larger immigrant community in the nation. This will give them good reason to believe that Japan is keen to make amends to its immigration and justice system, which have been hostile to foreigners and migrant workers.
Published on: 2 January 2013 | The Kathmandu Post
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