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Old March 8th 05, 08:10 PM
banana
 
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Default Fischer to sue Japan govt if not freed from captivity by Friday

Any journalists reading this, why aren't you hassling the Japanese
Ministry of Justice and Immigration Bureau to explain why they are
holding without trial this stateless refugee, who HAS BEEN GRANTED
RESIDENCE BY ICELAND, and who HAS HIS PLANE TICKET WAITING FOR HIM.

He has not awaiting trial in Japan, on a charge of having committed any
offence. No country has entered an extradition request. As his lawyer
Masako Suzuki says, it's clear that there are no legal grounds for
keeping him in prison.

Contact for the Minister of Justice:
Email: Tel: +81-3-3580-4111

Contact for the Minister of Foreign Affairs :
Email:
Tel: +81-3-3580-3311


From the 'Mainichi Daily News':

http://mdn.mainichi.co.jp/news/20050308p2a00m0dm016000c.html:

***BEGIN ARTICLE***

Bobby Fischer to sue if not released this week

Grand Master Bobby Fischer will sue the Ministry of Justice and
Immigration Bureau if he is not released by the end of this week, his
supporters told a news conference at the Foreign Correspondents Club of
Japan in Tokyo on Tuesday.

Pointing out that Fischer had a passport from Iceland, a plane ticket
out of the country and had expressed willingness to end legal action
against the Justice Ministry if it promised to let him leave for
Reykjavik, the Grand Master's supporters demanded he be freed from the
East Japan Immigration Bureau Detention Center in Ushiku, Ibaraki
Prefecture.

"Either the Japanese government will consent to allow Bobby Fischer to
leave in full accordance with the laws and to freely leave this country
as a voluntary departure using these documents. Or, if they fail to do
that, we will sue -- immediately -- for his right to leave this
country," John Bosnitch, head of the Committee to Free Bobby Fischer,
said.

Bosnitch said Fischer's supporters would wait until Friday for the
government to allow the chess genius to leave before commencing legal
action if it failed to do so.

Masako Suzuki, Fischer's lead lawyer, echoed Bosnitch's threat.

"Now it's really clear that all the conditions are satisfied for him to
go to Iceland legally and in practice. We cannot find any problem for
him to go to Iceland," Suzuki said. "If we cannot get the decision, or
if they deny his application for voluntary departure, we will sue the
Immigration and the Ministry of Justice for the denial."

Answering a question about the legal grounds for Fischer's continued
detention, Suzuki said: "It's clear there is no legal grounds. That's
why the Japanese Immigration has refused to say anything. At the court
proceeding they don't say anything."

Suzuki said the only argument government attorneys have against Fischer
is that Iceland's invitation to him is "irrelevant to his case."

"The attorney for the Ministry of Justice says only that and then she
looks down at the table. That's all. They cannot find any justifiable
reason to detain him right now, especially now there is a country which
is willing to accept him. There is no legal ground for the Japanese
government to hold him."

Icelandic supporters of Fischer, Einar Einarsson and Gundar Sverinsson,
and his long-term friend, Saemundur Palsson, all spoke out on the Grand
Master's behalf.

Palsson also cleared up Monday's egg mystery, saying that Fischer had
not been given an egg as part of his breakfast, prompting him to grab
the guard who was supposed to have given it to him. After a subsequent
scuffle, Fischer was placed in solitary confinement for four days.

Palsson later told the Mainichi Daily News that Fischer had told him he
had heard a punch he had landed in a guard's face had broken his nose
and that the guard had been sent to the hospital. (By Ryann Connell,
Mainichi Daily News, March 8, 2005)

***END ARTICLE***

--
banana "The thing I hate about you, Rowntree, is the way you
give Coca-Cola to your scum, and your best teddy-bear to
Oxfam, and expect us to lick your frigid fingers for the
rest of your frigid life." (Mick Travis, 'If...', 1968)
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Old March 8th 05, 09:20 PM
Mike Murray
 
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Default

On Tue, 8 Mar 2005 20:10:13 +0000, banana
wrote:

Palsson also cleared up Monday's egg mystery, saying that Fischer had
not been given an egg as part of his breakfast, prompting him to grab
the guard who was supposed to have given it to him. After a subsequent
scuffle, Fischer was placed in solitary confinement for four days.


Palsson later told the Mainichi Daily News that Fischer had told him he
had heard a punch he had landed in a guard's face had broken his nose
and that the guard had been sent to the hospital. (By Ryann Connell,
Mainichi Daily News, March 8, 2005)


Truly, Fischer is his own worst enemy. Japan has no grounds to hold
him? How about an assault charge? Yeah, he might beat that rap
somehow, but a guard with a broken nose icertainly provides grounds
for charges and a trial.


***END ARTICLE***


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Old March 8th 05, 09:24 PM
Liam Too
 
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Default

Mike Murray wrote:
Truly, Fischer is his own worst enemy. Japan has no grounds to hold
him? How about an assault charge? Yeah, he might beat that rap
somehow, but a guard with a broken nose icertainly provides grounds
for charges and a trial.


That's been taken care of. He's been punished and went to the solitary
confinement for four days.

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Old March 8th 05, 09:37 PM
Mike Murray
 
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On 8 Mar 2005 13:24:44 -0800, "Liam Too" wrote:

Mike Murray wrote:
Truly, Fischer is his own worst enemy. Japan has no grounds to hold
him? How about an assault charge? Yeah, he might beat that rap
somehow, but a guard with a broken nose icertainly provides grounds
for charges and a trial.


That's been taken care of. He's been punished and went to the solitary
confinement for four days.


I'd be amazed if that kind of administrative discipline absolves him
from further criminal charges. That would be like saying if you
resist arrest and a cop coldcocks you with a nightstick, that's
punishment enough -- you can't be charged with resisting arrest.

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Old March 8th 05, 11:25 PM
GreenCastle
 
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There is a distinct difference between Fischer's scenario and yours,
Mike. In your scenario the offender is a civilian. In Fischer's
situation the offender is a convict. Civilian Laws and Rights,
obviously, do not apply to convicts, only the prison procedures do.



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Old March 8th 05, 11:30 PM
Chess One
 
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Default


"Mike Murray" wrote in message
...
On 8 Mar 2005 13:24:44 -0800, "Liam Too" wrote:

Mike Murray wrote:
Truly, Fischer is his own worst enemy. Japan has no grounds to hold
him? How about an assault charge? Yeah, he might beat that rap
somehow, but a guard with a broken nose icertainly provides grounds
for charges and a trial.


That's been taken care of. He's been punished and went to the solitary
confinement for four days.


I'd be amazed if that kind of administrative discipline absolves him
from further criminal charges. That would be like saying if you
resist arrest and a cop coldcocks you with a nightstick, that's
punishment enough -- you can't be charged with resisting arrest.


Japan has another problem. Should it be viewed as a vassal state of the US?
Or should it be viewed like the old USSR?

Its hard to choose at the moment, neh?

Restricting access to a prisoner which has not yet been tried in a court,
then 'the incident' of the guard - who knows what really happened? How will
this play in the New York Times or British Daily Telegraph?

I am writing to journalists at both papers. At least in my own country this
form of detention would raise a question in the house of parliament. Who
knows these days in the US, but my local Senators at Leahy and Sanders. I
have some access to them via my Vt St Senator who is my bridge partner.

Maybe its time to address these issues on their constitutionality, and stop
messing about with anonymous burocrats? What do we think?

Phil Innes



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Old March 8th 05, 11:32 PM
banana
 
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Default

In article , Mike Murray
writes

On Tue, 8 Mar 2005 20:10:13 +0000, banana
wrote:

Palsson also cleared up Monday's egg mystery, saying that Fischer had
not been given an egg as part of his breakfast, prompting him to grab
the guard who was supposed to have given it to him. After a subsequent
scuffle, Fischer was placed in solitary confinement for four days.


Palsson later told the Mainichi Daily News that Fischer had told him he
had heard a punch he had landed in a guard's face had broken his nose
and that the guard had been sent to the hospital. (By Ryann Connell,
Mainichi Daily News, March 8, 2005)


Truly, Fischer is his own worst enemy. Japan has no grounds to hold
him? How about an assault charge?


There isn't one.

Yeah, he might beat that rap
somehow, but a guard with a broken nose icertainly provides grounds
for charges and a trial.


Google on 'habeas corpus', and yes it does apply in Japan.

--
banana "The thing I hate about you, Rowntree, is the way you
give Coca-Cola to your scum, and your best teddy-bear to
Oxfam, and expect us to lick your frigid fingers for the
rest of your frigid life." (Mick Travis, 'If...', 1968)
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Old March 8th 05, 11:33 PM
banana
 
Posts: n/a
Default

In article .com,
GreenCastle writes

There is a distinct difference between Fischer's scenario and yours,
Mike. In your scenario the offender is a civilian. In Fischer's
situation the offender is a convict. Civilian Laws and Rights,
obviously, do not apply to convicts, only the prison procedures do.


He's an inmate, not a convict.

--
banana "The thing I hate about you, Rowntree, is the way you
give Coca-Cola to your scum, and your best teddy-bear to
Oxfam, and expect us to lick your frigid fingers for the
rest of your frigid life." (Mick Travis, 'If...', 1968)
  #9   Report Post  
Old March 8th 05, 11:57 PM
Mike Murray
 
Posts: n/a
Default

On 8 Mar 2005 15:25:21 -0800, "GreenCastle"
wrote:

There is a distinct difference between Fischer's scenario and yours,
Mike. In your scenario the offender is a civilian. In Fischer's
situation the offender is a convict. Civilian Laws and Rights,
obviously, do not apply to convicts, only the prison procedures do.


Hard to argue against an inmate's *Rights* being limited, but maybe
you could explain why civilian *Laws* don't apply.

If one inmate beats up another, it's still assault; if an inmate
steals from a guard or an another inmate, it's still theft; if an
inmate socks a guard in the face, why can't that person be charged
with assault?

AFAIK, the inmate's Rights are limited, but that person still has the
obligation to obey the laws of the land.

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Old March 9th 05, 12:13 AM
Mike Murray
 
Posts: n/a
Default

On Tue, 8 Mar 2005 23:32:46 +0000, banana
wrote:

Palsson later told the Mainichi Daily News that Fischer had told him he
had heard a punch he had landed in a guard's face had broken his nose
and that the guard had been sent to the hospital. (By Ryann Connell,
Mainichi Daily News, March 8, 2005)


Truly, Fischer is his own worst enemy. Japan has no grounds to hold
him? How about an assault charge?


There isn't one.


Do you mean one hasn't yet been filed? Or do you mean Fischer was
mistaken and no guard was hurt? Or do you mean that even if Fischer
broke a guard's nose in a scuffle, there's no possible assault charge?
The latter is nonsense.

Yeah, he might beat that rap
somehow, but a guard with a broken nose icertainly provides grounds
for charges and a trial.


Google on 'habeas corpus', and yes it does apply in Japan.


And, no, Habeas Corpus has nothing to do with busting the guard in the
chops.

Even persons wrongfully imprisoned can be convicted of crimes
committed while in custody -- for example, trying to escape or
intimidating a witness or assaulting a guard or another inmate or....
Did you think a writ wipes the slate clean of all behavior while
imprisoned?

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