Police ’s Exte nsive and Syste matic Surve illance Against Muslims in Japan The Attorne y Te am for Victims of Ille gal Inve stigation against Muslims Forum on Minority Issue s Eighth se ssion Ge ne va Nove mbe r 24 2015 Spe ake r: Changho Kim Thank you Chairperson, I am speaking on behalf of the Attorney Team for Victims of Illegal Investigation against Muslims in Japan. The issue is most relevant to the draft recommendation number 20 and 21. Around 100,000 Muslims live in Japan and many suffer government surveillance. In 2010, internal police documents were leaked on the Internet. The documents reveal that the police have conducted systematic surveillance against Muslims in Japan. In order to observe and monitor the Muslim population, the police agents audited attendants in mosques, and surveilled various Muslim communities such as halal shops and Islamic schools. The leaked documents explicitly state that the police have conducted surveillance of Muslims solely based on their religion. Based on the findings of surveillance activities, the police have made a database of Muslim individuals. The database includes sensitive personal data such as physical characteristics, participation in religious ceremonies, and which mosques they visit. Japanese government has not provided any explanation for Muslim individuals. Muslims cannot know what kind of personal data has been collected by the police. There is no way for them to correct or delete the personal data stored in the police database. These surveillances clearly violate the ICCPR and ICERD. In July and August 2014, UN Human Rights Committee and CERD Committee expressed concerns about reports of surveillance activities. However, Tokyo district court issued a decision in January 2014, and rubber-stamped the police’s surveillance activities. According to the court, the surveillance activities based on Muslim religion were “necessary and inevitable measures for the prevention of international terrorism”. The decision was affirmed by the Tokyo Appellate Court in April 2015, and the case is now pending at the Supreme Court. Japanese government should terminate surveillance against Muslims and establish guidelines prohibiting surveillance and profiling based on religion. The government should also train law enforcement personnel to prohibit religious profiling. Japanese court should comply with the international human rights law so that Muslim individuals can seek redress in the court system. Finally, the draft recommendation number 20 and 21 should explicitly prohibit religious profiling and surveillance of members of a particular religious faith, in addition to racial and ethnic profiling. Thank you.