Messages from Yoshimi Tanaka
My name is Yoshimi Tanaka. I have Japanese nationality. I caused the hijacking incident
in 1970, but the litigation where I have been accused in Thailand has nothing to
do with the hijacking incident. I was forcefully taken to Thailand where I had never
been by the U.S. authority without any consciousness of my relevancy with the counterfeit
incident, and Ihave been forced to be a defendant of this incident. I am convinced
that my innocence will be proved in near future at trial.On 29th March I went to
Chon Buri District Court from Chon Buri Prison and appealed to the judge to decide
to take off the iron fetter which had been put on my legs for 24 hours a day. We
got the decision that the court asked 'the court of constitution'about this appeal.
I have written and sent this message relating with this issue.
Just before opening of the trial on 29th March, there was a consultation among me,
the attorney side of me, the chief executive of Chon Buri Prison and the prosecutor
side. To our appeal for taking off the fetter in order to be liberated from the extreme
physical and psychological agony, the chief executive's reply was "You would
be forced to be in an isolated cell and you could not go outside for 24 hours."
I really got angry to the inhumane reply"the fetter on legs for 24 hours or
the iron chains on whole bodies for 24 hours. "
It is really doubtful that the inhumane chief can do his work as the executive chief
of the prison if he thinks that prisoners here are live stocks. Thinkingthat all
prisoners have humanity and they have wives and children, I am reallyconvinced that
we cannot live as human beings in the prison under that inhumane chief. I can comprehend
the reason of occurrence of rumors that in fact executives of this prison seize money
for prisoners' foods and for construction works in the prison that are given by Thai
nation.
We, prisoners, can not interfere with personnel affaires in the prison. As long as
there is actually this inhumane chief, however, I have strong will to protest with
any ways that I can use in order to eliminate iron fetters from this prison and be
liberated from illegally forced physical and psychological agony toward me, a mere
suspect.
Generally speaking, until the decision of the court for terrible incidents@like
murder or stimulant cases, these iron fetters are put on suspects' legs.
Now I guess over 400 persons have iron fetters on their legs. One of the main reasons
of it is the danger of their escape. This is unreasonable. Because after the final
decision of the court, there is still possibility of escape. There is not anything
different about the danger of escape between 'before ' and'after'court's decision.
Now I tell about the reason why all prisoners including me must be liberated from
fetters.
First of all, there is no legal ground to put fetters on prisoners' legs. These fetters
have been arbitrarily put. I came to this prison on 1st April 1996. Till the middle
of December, there had not been a fetter on my legs for 8 months. For that time,
I never attempted to escape, never be against prison's officers, or never be against
the rulesof the prison. It has already proved that there is no need me to have a
fetter. The chief officer of the first and second section of the prison where I was
at that time could not explain about the legal ground for putting a fetter when I
was told to have the fetter by this chief. Rather he said,"I don't think there
is necessity to put a fetter on your legs because you are a model prisoner. However
I can not support you because this is the order from higher authority. " From
this, it is clear that putting fetters on prisoners' legs is made arbitrarily without
any legal ground or any reasonable standard.
Second, the institution of iron fetters must not exist from the view of Thai way
of being like and Thai national character.
I think Thailand is the country where most of people are pious Buddhists and under
the high authority of the dear King, 'mercy''affection''charity' are common and rigid
basis of people's thinking. Even if there are institutions of fetters in other countries
rather than Thailand, Thailand must not have that kind of terrible institution('iron
fetters for 24 hours') that is a relic from the institution of slave.
Third, these fetters effectively interfere with fair and just proceedings@of litigation
in fact. There is much difference about the period of the litigation between the
case when a defendant admits his(or her) guilt and the case he(or she) doesn't. Under
the situation where iron fetters give defendants physical and psychological terrible
agony, iron fetters stimulate defendant's admission about his(or her) guilt even
if he(or she)is innocent. This is prosecutors' effective way to force their insistence
and finish the litigation earlier.
Fourth, iron fetters cause many problems about the life in prisons.
(1) fetters are to be basis of injustice practices of some jailers. Fetters are not
on the legal ground. This means that jailers arbitrarily put these or take these
off. Under this situation, it is an open secret that prisoners can be liberated from
fetters when they bribe jailers with money or other kinds of properties. So we can
see prisoners with fetters and without fetters even though other conditions of them(e.g.
kinds of their crimes)are the same.
(2) Fetters cause the injury and the maturation on prisoners' legs. We can not@say
that the medical facilities in prison are enough. When we wash our bodies,we have
to wash fetters. So we need much water. But many times we are not given enough water
because of shortages of water. We can not maintain fetters enough. Also some prisoners
don't have enough money to buy tools for washing. Under this terrible situation,
fetters cause the injury and the maturation on prisoners' legs.
Now we are just entering into the 21st century. All countries are making efforts
to overcome negative problems of human beings in order to make the next century happy
and hopeful. If Thailand continues to have the institution of iron fetters that is
a relic of the institution of slave, we believe that it takes the disgracing symbol('Thailand
ignores human rights') into the 21st century.
This problem is basically the domestic problem of Thailand. I have appealed for it
because of an unavoidable circumstance. The important thing is that Thai people think
about this problem and overcome it. I really hope that people of the legal circle
who have the role to develop the judicial institution democratically, people of mass
media who devote to reporting facts on justice and truth and people of the groups
that make efforts to enlarge the protection of human rights look directly at the
problems that have been caused by the institution of fetters that are put on legs
of prisoners on trial, start to examine and research on these originally and positively,
awaken the public opinions largely from the rigid stance and make effort to eliminate
the inhumane institution.
Paying my respect to readersc
31st / March / 1999
Yoshimi Tanaka
(Addition by the translator)
Till 8th April, 300 prisoners have been liberated from fetters because of the new
standard made at Chon Buri Prison. Mr.Tanaka has not been liberated from his fetter.
He has been thanked by other prisoners. It is said that many jailers except the chief
and a few executives are glad about this. Mr.Tanaka himself is very glad because
his appeal helped others.