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Documents submitted to OHCHRDedicated page for people concerned |
Operating Officer:Yasuhiro Nagano
Documents to be submitted (PDF, Gif) are as follows.
Additional submission on January 4, 2021
Facts of complaint (additional submission
I. Information on the complainantI
Reason for additional submission
Facts of complaint (additional submission)
January 4, 2021
Japan
6-18-9 Takahama, Mihama-ku, Chiba-shi
Yasuhiro Nagano
Then I received an email notifying me that I received the "Complaint Procedure form".
Mon, 30 Nov 2020 21:31:50 +0000
Dear Sir / Madam,
We hereby acknowledge receipt of your communication submitted to the Complaint Procedure of the Human Rights Council.
・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・ ・
Below is the additional text.
I read an article that translated the coverage of Agence France-Presse.
"The process by which Carlos Ghosn was arrested and detained four times in Japan was fundamentally unjustified," a UN working group said.
Experts in the working group are calling on the Japanese government to compensate Mr. Ghosn.
"Europe 1" reported the news of AFP communication.・
This opinion was posted on November 20th and published in the media on November 23rd.・
Experts said, "The process of arresting and detaining Carlos Ghosn four times is fundamentally unjustified.
Because he prevented him from regaining his freedom and enjoying other rights to justice.・
In particular, he concluded that "it hindered the right to communicate freely with lawyers."・
"The infringement of the right to a fair trial was so serious that it made Mr Ghosn's detention arbitrary."
In addition, Carlos Ghosn was detained in a situation that forced him to say that he was involved. This is "presumption of innocence"! The principle of law that the accused should be presumed innocent until convicted on the basis of evidence!
"It violates his rights," the group points out.
In this regard, the UN Working Group
Carlos Ghosn's deprivation of liberty from November 19, 2018 to March 5, 2019, and from April 4 to 25, 2019 violates:
And the group expressed the view that it was arbitrary.
Articles 9, 10 and 11 of the Universal Declaration of Human Rights.
It also violates Articles 9, 10 and 14 of the International Covenant on Civil and Political Rights.
They report to the UN Human Rights Council, but do not speak on behalf of the United Nations. The Japanese government said the opinion was "not acceptable at all" and emphasized that it was "not legally binding."
This group is a gathering of independent experts.
No matter how non-binding it is, it is a report by the Working Group for the United Nations Human Rights Council.
I think the Japanese government cannot ignore it.
The future response of the Japanese government, the prosecution, the police, and the judiciary will be watched.
I have made a "complaint request" to "OHCHR" in the past.
However, "OHCHR" has been notified that it cannot be accepted because the Japanese government has not ratified the "personal reporting system".
I think the lawyer of "Carlos Ghosn" is an American, but the "other party" of "report" is the Japanese government.
Please treat my "claim of complaint" in the same way.
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The attorney of "Carlos Ghosn" has submitted it to the "Working Group on Arbitrary Detention", so
I will also submit it to the "Working Group on Arbitrary Detention".
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Apart from the UN working group, I have called on governments and the media in each country to say that "Carlos Ghosn" is not guilty.
They are calling on the Japanese government to "request" to withdraw "Carlos Ghosn's indictment."
The grounds for "Carlos Ghosn" not being guilty are as follows.
1) The "Securities Report" is prepared according to Nissan Motor's "Company Regulations".
This "internal regulation" has "passed" the "regulation standard" of "Japan Certified Accountants Association" and "Tokyo Stock Exchange".
The "Securities Report" has been approved by Nissan's "Audit Firm".
The "Securities Report" is prepared by a person other than "Carlos Ghosn" according to "Company Regulations".
The "Securities Report" has been approved by Nissan's "Audit Firm".
The "Securities Report" is edited by the person in charge of preparation from the default in-house materials according to the regulations.
Therefore, there is no "room" for "Carlos Ghosn" to "arbitrarily" make a "false statement" in the "securities report."
2) The prosecution says that the funds for the purchase of a private villa were paid by Nissan Motor.
However, even if the act of payment is true, it was paid according to Nissan's internal regulations.
Payment is made by the slip of "Payment Request Form".
Usually, "verify" with the voucher to confirm "validity".
A "voucher" is an invoice or contract document on which payment is based.
If necessary, it will be "collated" with the prescribed documents such as "minutes of the board of directors" and "approval documents".
Therefore, even if he is the "top of management", it is impossible for Nissan to make a "breach of regulation" payment.
If the prosecution's point is correct, Nissan executives and employees have "arbitrarily" committed "criminal acts."
Therefore, it is not possible to punish only "Carlos Ghosn" unless the people involved are punished together.
(Equality under the law)
The prosecution's act against "Carlos Ghosn" is the same as "arbitrary punishment"
that applies "support" (accessory crime) of "immigration law violation (out-of-qualification activity)" to me.
The arrest and imprisonment of "Carlos Ghosn" violates Articles 9, 10 and 11 of the "Universal Declaration of Human Rights".
And because it violates Articles 9, 10 and 14 of the International Covenant on Civil and Political Rights, it seems that the UN Working Group has taken it up.
"I" will also submit "additional materials" from "this point of view".
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Japan has not ratified the "reporting system".
However, if Mr. Ghosn's attorneys François Jimerley and Jessica Finnell's "complaints" to the Japanese government were deliberated by the "working group",
Please handle my "complaints" in the "Working Group on Arbitrary Detention".
We will leave the handling to the Human Rights Council,
such as treating it as an "arbitrary" "case" related to the "Carlos Ghosn case" rather than treating it by the "reporting system".
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Look at the indictment.
The "reason for crime" in the indictment states that it is a crime for us to provide a "false employment contract document" to a foreigner (Chinese).
The indictment blames Article 22-4-4 of the Immigration Control Act for the crime.
How to write a complaint. The four Chinese write the same way. (A, b, c, d)
1) The fact that the Chinese engaged in "unqualified activities" that violated the Immigration Control Act.
Article 70, Paragraph 1, Item 4 of the Immigration Control Act, Article 19, Paragraph 1, Item 1.
2) The fact that Yasuhiro Nagano created a "false contract" at LeftCO.
Support (Article 22-4-4 of the Immigration Control Act).
3) The fact that the accomplice "KinGungaku" handed a "false contract" to the Chinese.
Support (Article 22-4-4 of the Immigration Control Act).
4) The fact that the Chinese applied for renewal of their status of residence to the Tokyo Regional Immigration Bureau with a "false contract" attached.
(Immigration Act Article 22-4-4).
Under the Immigration Control Act, foreigners who submit "false employment contract documents"
and obtain "status of residence" fall under the provisions of "Article 22-4-4 of the Immigration Control Act".
For this disposition, the Minister of Justice will "revoke the status of residence" as an "administrative disposition".
Therefore, a foreigner who has obtained a "status of residence" is not a criminal.
If so, the person who provided the "false employment contract documents" is "not guilty".
Therefore, a person who provides a "false employment contract document" cannot be punished for "accessory crime" in Articles 62, 1 and 60 of the Penal Code.
I continue to insist on this.
My claim is proved by the revised law. The Immigration Control Act was amended at the 192nd Extraordinary Diet Session and has been in force since January 1, 2017.
An amendment law will be enacted that will penalize those who have obtained a status of residence by applying for false employment contract documents.
The purpose of the revised law.
Previously, the Immigration Control Act was not subject to penalties for persons
who obtained a status of residence by false application (former law Articles 70 and 74-6).
The revised Immigration Control Act stipulates that persons who have obtained a status of residence
by deception or other wrongful means (false application) will be subject to penalties (Article 70, Paragraph 1, Item 2-2 of the Act).
In addition, with the establishment of the new provision, those who have facilitated the execution of the act of the provision for the purpose of profit,
that is, not only the broker, but also the workplace,
attorney, administrative scrivener and "school staff, etc." who participated in the false application.
"Application agent" was also subject to penalties (Article 74-6 of the Act).
Proven by the 192nd Extraordinary Diet Session.
However, in light of Article 39 of the Japanese Constitution and international law, punishment cannot be made "backward" to the "past."
2017-3-24, proposed. November 30, 2021. Propose again
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1-Indictment
2-TokyoDistrictCourtruling
3-TokyoHighCourtruling
4-SupremeCourtrulingI
5-ThecomplaintsandaccusationssubmittedtoTokyoDistrictPublicProsecutors
/6-1-PoliceofficerscriminalagainstcomplaintletterNaganoYasuhiro
/6-2-CriminalofpublicprosecutoragainstcomplaintletterYasuhiroNagano
6-3-PoliceofficerscriminalagainstchargesletterKinGungaku
6-4-PoliceofficerscriminalagainstchargesofaccusationChina
6-5-PenaltiesPoliceofficersagainstPhilippinescriminal
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8-EmbassyofthePhilippinesCasenewspaperarticle
9-Chineses4formeroffensesandinformation
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FactSheetAnnexI
YasuhiroNagano-passport
The following is reference material
1 Criminal offense against humanitarian affairs
1. Summary of allegations
2. Facts of petition
3. The law on which the alleged crime (humanitarian crime) is based
4. Depletion of domestic bailouts Application to other international procedures
5. Victim information of the complainant's crime
6. Illegalness of aiding cases that violate the Immigration Control Act
7. News related to immigration law violation cases
I. Information on the complainantI
8. Important: Even the Minister of Justice cannot solve it
2. 2. Immigration Control Act Violation Case "Related Materials"
2 In violation of Immigration Control Act Related materials
1.a bill of indictment
2.Tokyo District Court Judgment
3.Tokyo High Court Judgment to dismiss the appeal
4.Supreme Court "dismissing appeal" judgment
5.Yasuhiro Nagano passport
6.Yasuhiro Nagano Driver's license
7.Related laws
8."Summary" of the Philippine Embassy Immigration Control Act Violation Case
9.Information on 4 Chinese people
10.(Reason for return) Non-acceptance indictment / accusation
11.Philippine Embassy Case Newspaper Article
3. Immigration Control Act Violation Case "bill of indictmen · letter of complaint"
3 Immigration control law violation case indictment complaint
NO1 bill of indictment
1 Immigration control law violation case indictment complaint
Police officer crime against Yasuhiro Nagano
Prosecutor's crime against Yasuhiro Nagano
Judge's crime against Yasuhiro Nagano
NO2 letter of complaint
2 Immigration control law violation case indictment complaint
Crimes of police officers, prosecutors, judges, etc. against KinGungaku
Crimes of police officers, prosecutors, judges, etc. against four Chinese
Crimes of police officers, prosecutors, judges, etc. against Filipinos
NO3 Crimes that supported other crimes
3 Immigration control law violation case indictment complaint
Crimes that supported other crimes of lawyers against Yasuhiro Nagano
Crimes that supported other crimes by the media against Yasuhiro Nagano
Crimes that supported other crimes by a lawyer against Kin Gubngakus
Crimes that supported other crimes the media did to Kin Gungaku
Crimes that supported other crimes by a lawyer against four Chinese
NO4 Abuse of Authority by public officer
4 Immigration control law violation case indictment complaint
Metropolitan Police Department police officer Abuse of Authority by public officer
Tokyo Public Prosecutor's Office Prosecutor Abuse of Authority by public officer
Tokyo High Public Prosecutor's Office Prosecutor Abuse of Authority by public officer
Supreme Public Prosecutor's Office Prosecutor Abuse of Authority by public officer
Ministry of Justice staff Abuse of Authority by public officer
NO5 a crime the libel
5 Immigration control law violation case indictment complaint
Posted on the internet a crime the libel letter of complaint
Allegations and reports
Metropolitan Police Department Allegations and reports
Chiba Prefectural Police Headquarters Allegations and reports
Tokyo Public Prosecutors Office Allegations and reports
Tokyo High Public Prosecutors Office Allegations and reports
Supreme Public Prosecutor's Office Allegations and reports/H3>
Minister of Justice Allegations and reports
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- Joint company future
- Bridge to the future
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