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Tokutaro Tkayama's testimony to the Kyoto District
Court.

08.05.1998
On August 5,1998, Tokutaro Takayama former president of *1Aizukotetu- ikka testified
at Kyoto District Court. Aizukotetu-ika was the Japanese famous gangster organization.
Takayama sued the Japanese government for compensation. In the court, Takayama did
his testimony through interrogation by his lawyers.
Lawyer : Is your name, Tokutaro Takayama a real name ?
Takayama: Yes. I was named Takayama because of the Japanese government's colonial
policy. I was born Japanese and I had Japanese citizenship. However, after World
War II I lost it, so I used my Korean name. From 14 or 15 years after I became *2Ninkyo,
I used the different Chinese characters. After that, I used this name which used
different Chinese characters. Therefore, I had two names; the Korean name and registered
name.
Lawyer: Is *3Yondaime-Aizukotetu a person's name or an organization's name?
Thakayama: Both.
Lawyer: Why did you join *2Ninkyodo the Japanese traditional gangster world ?
Takayama: In my childhood, my parents protected me from discrimination. I did not
feel that I was discriminated against: however, my parents went back to Korea and
I needed to make my own living without my parents' help. At that time, I had no choice
but to join the Japanese gangster world. This is because segregated people at that
time had no way to survive in Japan by taking part in it. In the gang's world, our
father was Yoshitaro Nakagawa and we made a contract when we exchanged Sakazuki.
Exchanging *4Sakazuki is the traditional ritual in the Yakuza. After it the persons
who exchanged Sakazuki have a father and son relationship. I respected Nakagawa as
a real father and I never lost respect toward him. In the Japanese gangster's world,
"father" had absolute power to his son. Also, all those who exchanged Sakazuki
with the father became brothers.
Lawyer: Are there brothers who don't have the same father?
Takayama: Yes, however, in this case, no one can order or direct anyone. This is
because each brothers has his own father and only their own father can order and
direct him. In this relationship, each member had to keep relationships like relatives.
This relationship is very effective in solving the problems between different organizations.
My father Nakagawa is real *5Ninkyo Oyabun. He used to say, " Don't be included
in *6Katagi! " and " Help people who don't have power" . In the organization
I belonged to there were a lot of segregated people including under citizens and
so to speak outsiders. All these people came together and they tried to be a man
*2Otokogi.
Lawyer: Were there any taboos or rules in *7Nakagawa-gumi.
Takayama:Taking drugs was prohibited. If this rule was broken, generally the member
who broke it would be ousted in this world. In fact, members were ousted for breaking
this rule.
Lawyer: What does it mean not to be included in Katagi.
Takayama: It is certain that we should not include any trouble with Katagi. Moreover,
we donated the welfare organizations. We never expected anyone to praise us, so we
never stated in public what we did.
Lawyer: Did you ever ask your children to donate to the welfare organization while
you were *8Nakagawagumi-nidaime?
Thakayama: Of course, yes. This is a good thing. Some children did. I never forced
my children to do so. Some of my young children decided to register with the eye
bank. Following the serious earthquake in Kobe, we supported people of Kobe, but
we never stated it in public.
Lawyer: Were you *9Bakuto when you become the Nakagawagumi-nidaime?
Takayama: Yes. At that time, many facilities for gambling including race tracks and
cycling stadiums were built. Some prefectural governments asked me to protect these
facilities.
Lawyer: Had you ever cooperated with the police for the World War II?
Takayama: Yes. I did something to labor unions, the Socialist Party and the Communist
Party.
Lawyer: I would like to ask questions about the police. In 1963, the police changed
the policy about the gamble.
Takayama: For Socho Tobaku, many members were arrested. After that, some gangsters
could not manage gambling. Some of them had to start new businesses. However, what
the police did meant was that in some areas, gambling was almost legal and in others
not. It was very strange. In a former time, the police accepted the gambling. Now,
it depends on the groups of Yakuza. They enforced the law very unfairly. The fact
that Taoka, the leader of *10Yamaguchi-gumi became the honored chief of police is
denied by the police. At first, the police accepted the fact that Taoka did the chief.
Why suddenly did the police deny the fact? Recently, the police have created a large
number of the problems. They have been different from the problems done by Yakuza.
Also, the police treated Yakuza and their families, who are innocent citizens, very
unfairly. Especially after Legislation Relating to Prevention Unjust Acts by Boryokudan
Members was brought into force, the matters worse. The court gave the police arrest
warrant, even the court and the police didn't know the person's name whom the police
should arrested. Before the enforcement of the law, these things did not happen so
much. After the enforcement, the police did to Yakuza, his or her family and their
acquaintances with some purpose. The way of doing is illegal and unfair. If the police
do not change their attitude, the police should be called the Biggest Gangster in
Japan.
Lawyer: What is this association?
Takayama: That is organized people who managed soap land.
Lawyer: What is soap land management like?
Takayama: It is prostitution. When this association was established, the opening
ceremony was hold on the third floor of Otu-Police station.
Lawyer: What was the association like?
Takayama: The police deprived the money named *11Mikajimeryo of Yakuza. It was very
silly. What the police did means that the people managing the Soap Land had to obeyed
the police.
Lawyer: Let me ask about the Pachinko in Otsu and system of it.
Takayama: No one can manage Pachinko shops, if there is no exchange . At first, Pachinko
shops in Otsu exchanged cigarettes for money. However, the police interfered and
then it was troubled. After that, Panchinko shops owners exchanged the Keihin at
the shop. The police ignored this. We showed it the police and also we submitted
the pictures about this. However, the police ignored our evidence. It was very weird.
Lawyer: Then, they produced a new system, didn't they?
Takayama: They registered their places as the welfare institution. This place was
managed by the person, who was former Chief of the police station. The police ignored
this crime on purpose. What the police did is almost the same as what Yakuza did.
Now, the business which Yakuza used to conduct is conducted by the police. Probably,
the judge cannot understand what I mean. The Public Security Commission is the puppet
of the police. The Commission had the right of giving permission of operation to
many kinds of business. At the hearing, the Public Security Commission stated that
they had never heard about Soap Land to conduct businesses. However, if it had been
true, the Commission would not have given Soap Land any permission. Of course, I
don't want my son to be Yakuza. However, no one should interfere Yakuza who obey
the law. Whoever breaks the law must be arrested. *12Banzuiin Chobe dedicated his
life to *13Chomin . He participated in the war and also received award known as *14Kinchinkushyo.
If such a great man like Banzuin Chobe was arrested for Legislation Relating to Prevention
Unjust Acts by Boryokudan Members , what am I to?
Lawyer: I would like to ask about AUM. AUM was not an organization classified under
Legislation Relating to Prevention Unjust Acts by Boryokudan Members, so the Anti-Subversive
Activities Act was not applied by AUM. What do you think of that?
Takayama: AUM is an organization which intends to destroy the nation with violence.
Lawyer: Which organization has a higher possibility to commit serious crimes, AUM
or Fourth generation Aizu-Kotetu?
Takayama: AUM has. This is because AUM killed people with no purpose. We killed to
protect our territory. My organization was designated as a violent organization by
Legislation Relating to Prevention Unjust Acts by Boryokudan Members. After that,
we were segregated. There are many people who committed the crime in the organization.
Thus, we were given the stigma of designated *15Boryokudan . However, we never killed
anyone with no purpose.
The lawyer changed.
Takayama: Historically speaking, in Aizu-Kotetu, there was a president: the first
generation was Kamisaka and the second generation was Kamiba. The third generation
was the person who was my father. In Ninkyo of Kyoto, most of the gangsters had some
kind of relationship with Kamisaka. They were called "*16Oyabun in *17Sanjyo
and Oyabun in *18Shichijo. However, after 1963 Shocho Tobaku, big organizations absorbed
small organizations and the big organizations tried to enlarge their power. Then,
we were separated in Kyoto.
Lawyer: Who decided you became the fourth generation?
Takayama: The third generation did. He made up his mind as he took into account the
situation.
Lawyer:After you became the forth generation, who decided the person who exchanged
Sakazuki to you ?
Takayama: I did. When I did, I had to take other organizations and other members'
career into consideration.
Lawyer: What kind of class is *19Shatei-kashira a leader of the brothers ?
Takayama: It is the top of the brothers. *20Shatei-Kashira-Hosa is the sub leader
of the brothers. Neither of them have the right to decide anything in the organization.
Lawyer: Why did you have this class?
Takayama: In general, some people want promotion in their society. These classes
only show a kind of status. Who became *21Wakasyu was decided by me. *22Kogashira
is under Wakasyu. All of this classes showed only a status. A General manger is either.
The chairperson of the organization committee was produced by me.
Lawyer: Who was presented at the plenary session?
Takayama: *21Jun-wakatyu and the members who were upper-class of jun-wakachu joined.
Jun-wakachi is under Wakasyu, so he doesn't have any say in the meeting. Also, he
and I have no"blood tie" between each other. He is, as it were, an observer.
Lawyer: Who are members of the Executive Committee?
Takayama: Wakagashira, Kogashira, *23Syategashira, General Manager and the manger.
It is almost the same as a company. The organization which includes many people needs
this kind of the committee. The committee decided the agenda of the plenary session.
Lawyer: Let me ask about *24Hamon-jo. During the fourth generation, Did the advisory
committee decide to oust member in your organization ?
Takayama: Never. The advisory committee checked who ousted from others of our organizations.
There are many members and lower-class organizations in Aizu-Kotetu. Therefore, there
are possibilities that some members ousted could join some parts of my organization.
The advisory committee had to check who was ousted and who did not join us. During
my generation, the executive committee never decided to oust any members.
Lawyer: Have you ever ordered to stop or continue conflicts with other organization?
Takayama: If serious conflict occurs, the upper class members must stop it. Thus,
I heard from the members of such conflict, I ordered to be stopped.
Lawyer: How did you control the financing of your organization?
Takayama: In my organization, income depended on each organizations' efforts. The
money gathered by upper organizations were for marriage and funeral. There are no
money which the police referred to as*25 Jyonokin, a kind of tax. We could not make
a living by this money. Media wrote we gathered Jyonokin. It misled people. The money
gathered were responsible for the General Manager and the manger saved these money.
In general, at the marriage, funeral and so on , we returned as much money as others
gave us.
Lawyer: You retired on February 2,1997. Did the fifth president succeeded in your
Sakazuki?
Takayama: Yes. It is a ritual to change the generation. It was called *26Meiseki
no Keisyo. To inherit Daimei means to eradicate the fourth generation from the organization.
In fact, 18 members quit the fifth generation. The rest of the members in the forth
generation started to new relationships with the fifth generation. When they exchanged
Sakazuki with *27Godaime- Aizu-Kotetu, they became the members of the Godaime-Aizu-kotetu.
Therefore, I cannot enforce anything on the fifth generation.
Lawyer: Have you ever suggested with whom the fifth generation should exchanged Sakazuki.
Takayama: Never.
Lawyer: What was the philosophy of the forth generation as the organization?
Takayama: At first, in the organization all members must help each others. Although
media and the police often stated that Yakuza was rich, Yakuza did not have any opportunity
to enlarge its fortune. In my organization, some members became a kind of informers
of the police, but they would be arrested sooner or later.
Lawyer: What you meant is that Yakuza is mutual aid association?
Takayama: That's exactly right. In a former time, outsiders could join the army and
they made money. However, now there is now no place for an outsider to go.
Lawyer: Before the law was brought into force, Yondaime- Aizu-Kotetu showed *28Daimon,
badge of Yondaime-Aizu-Kotetu and Meisatu which are symbols of the organization,
in public. Why did you do?
Takayama: We wanted to show our power. For instance, when members of other organizations
came to our territory, they felt my organization had tremendous power. That's why
we showed this publically. Generally, in the Yakuza world, most of the people thought
like that.
Lawyer: About publicity, Yakuza is very different from the Mafia. Why?
Takayama: We did not regard Ninkyo as a bad thing. Thus, we never killed anyone without
reason. If some members should implicate innocent citizens in crimes, these members
and their supervisor would be ousted from the organization. However, no media never
reports this rule. As a result, many people are afraid of us. That's the image of
us made by the media. In my town, many people used to say to me, " Boss, please
take care of the town." I strongly believed Ninkyo must help the people. It
was my job. I cooperated the neighborhood association because I want to help others.
However, now the police always say that Yakuza is completely wrong and try to cut
off these relationships between Yakuza and the people. No press reported that we
did something good. The press should report that even Yakuza did something good.
( the lawyer changed)
Lawyer: Yondaime-Aizu-Kotetu was designated as an organized crime group, because
it encouraged violence. Is this true?
Takayama: My organization never helped any violence.
Lawyer: However, the precedents of the Public Security Commission suggested gangs
committed many violent actions. What do you think of that?
Takayama: That is, each member did as an individual. If a member did something wrong,
it was his responsibility. We never helped any members to commit violent actions.
We tried to prevent them from these things. If we helped, please explain how.
Lawyer: How did you prevent violent action on the part of your membership?
Takayama: If I cannot do justice to what my members did, I don't have the right to
be the "father".
Lawyer: After the designation, what kind of treatment were you given?
Takayama: The police sometimes threatened acquaintances of the business and tried
to cut off the relationship.
Lawyer: Could you tell me the story of *29Lake Biwa Gravel Boat Union?
Takayama: Traders who joined the union got the jobs from local governments. My company
also joined the union and I was the President of the union. The police pressured
other traders of the union and stopped the traders from the job. Given this situation,
I decided to quit the President. This happened after from one and a half to two years
after when I became the fourth generation. Probably, it was in 1994.
Lawyer: Have the police ever trued to omit your name from a monument?
Takayama: Yes. When my mother passed away, I contributed money to her medical institution.
This institution decided to put my name on a monument. The police pressured the institution.
When I learned of this, I was very upset and I protested. This institution said that
they had denied the police request. The police then threatened the institution. Also,
at a sauna managed by me, my nameplate was put on the wall in the entrance. The police
ordered to put it off. I thought the police did not like to think I was more popular
than they were. This sauna was located near *30Seta. Moreover, the police suggested
to citizens that they should not have any relationship with me because I was Yakuza.
Also, *31Kuwahara-gumi in Shiga which was not able to make a living for Yakuza business
started new businesses. However, the police regarded their new business as conspiracy
.
Lawyer: Have you ever been refused access to a golf club?
Takayama: Yes. The last cases happened two months ago. At a golf club called Japan
Ace Club. Not only this club but also most golf clubs denied our golfing because
of police guidelines. The police generated new rules like that. When I was Yakuza,
I was denied. One year and half after my retirement, the police went to a golf club
and ordered I should not golf there. After the enforcement of the law, the police
reacted more severely.
Lawyer: Have the police ever pressured your family?
Takayama: Yes. I have three sons. All three sons have done something done by the
police. The oldest son managed a company and he is a law abiding citizen. However,
his company was designated as a fraternal company by the law. Even though I have
nothing to do with the company. After designation He wanted to quit his company.
Also, his workers spent ten months in prison on suspicion of blackmail. In this case,
my son's company received the bad check in the amount of 500,000,000 yen from someone
.Therefore, his workers approached this individual and had the money returned. Whoever
lost such a huge amount money would have not gotten angry? His workers scolded and
shouted at this person. The police said the workers broke the law. Why were they
arrested ? That is, I Tokutaro Takayama sued the Japanese government. The police
intended to pressure me indirectly. The workers including the driver were arrested,
but now they were innocent. These unlawful arrests and investigations were done under
Legislation Relating to Prevention Unjust Acts by Boryokudan Members . It is very
clear now. This arrests are why not only I was the President of Aizu-Kotetu, but
also I sued the government and protested this act.
Lawyer: Have the police searched your house?
Takayama: From one to two years after the enforcement of the act, two times. There
was no evidence. The first time, the polices took my business card. I complained
and I had it returned. The second time, the police just took pictures. This search
is only harassment.
Lawyer: You retired in February 1989, didn't you.
Takayama: Strictly speaking, I stated my retirement on January 8 and I retried in
February of that year.
Lawyer: Have you had any negative treatment because you were the President of a designated
gang?
Takayama: The police said I was an acquaintance of the gang. My acquaintances called
me the former President. This is fine. I got my driver to quit Yakuza and hired him
personally. After my retirement, I had tried not to go to the headquoter of the Aizu-Kotetu.
I have done my best. I obey the societies rule. However, the police and media don't
regard me as such that. Until my retirement, the police said to me to quit Yakuza.
After retiring, I don't want them to call me the associate of Yakuza. I don't have
any relationship with the fifth generation.
Lawyer: Have you ever been segregated in the business?
Takayama: Yes. As I mentioned before, the police stopped to call the people quit
Yakuza acquaintances of the gang. Their situation is very severe. If they want to
be a good citizen, the police should help them. This should be the police's job.
However, what the police did is to make matters worse.
Lawyer: Is there any limitation between the formal members and informal members ?
Are the people who attend plenary session the formal members? Or is their other limitations
?
Takyama: Basically, the formal members must have exchanged Sakazuki.
Lawyer: Before the enforcement of the act, the police classified Yakuza into the
first, second and third group. After it, the police referred the same group the first,
second and third organization. Also, the police counted all these organization as
one organized gang.
Takayama: Basically, Yakuza's organization did not change before and after the enforcement
of the act. There are many groups within one group. The upper group's power influences
the lower group. These group is a kind of confederation.
Lawyer: Now, I am holding a *32daily government newsletter. There is your Korean
registered name and address. Even though you had the Japanese registered name Tokutaro
Takayama, what do you think that your registered Korean name was on the newsletter?
Takayama: It was very unreasonable.
If you read this testimony, I don't want to say anything to readers.
Tokutaro Takayama never tells a lie. If you don't know about him, you should read
the last part of *33Toppamono.
I also appreciate the member of *34 Denno-Kitunemegumi who record the testimony.
The member came from Tokyo to do it. Thanks for his and his friends' cooperation.
Miyazaki, Manabu
*1 Aizukotetu-ikka: The gangs name in Kyoto.
*2 Ninkyoor Ninkyodo: Ninkyo means Yakuza. Sometimes, it means a real man.
Ninkyodo means what Yakuza should do. It kinds of the
rule. Also , Ninkyodo means Yakuza. The ruled is
referred as Otokogi.
*3 Yondaime-Aizukotetu: This word has two meanings. One is Takayama's
name in Yakuza world. The other is the organization's
name. In this contents, I translated Yondaime-
Aizukotetu to The fourth generation.
*4 Sakazuki: Sakazuki means the glass. As Takayama mentioned before, if some
one exchanged Sakazuki with others, their relationship became like
between father and son in Yakuza world.
*5 Ninkyo Oyabun: Ninkyo Oyabun means the leader of Yakuza's organization.
Tokutaro Takayama was Ninkyo Oyabun.
*6 Katagi: Katagi means citizens who obey the law in general.
*7 Nakagawa-gumi: It is the Yakuza ( gang's ) name.
*8 Nakagawagumi-nidaime: Nakagawagumi-nidaime means the second
generation of Nakagawa-gumi.
*9 Bakuto: Bakuto means gambler.
*10 Yamaguchi-gumi: Yamaguchi-gumi is one of the biggest gangs in Japan.
*11 Mikagimeryo: It was said that Yakuza deprived the store from the money.
If the store paid, Yakuza protected this store. This money
was referred as Mikajimeryo.
*12 Banzuin Chobe: Banzuin Chobe is the pereson's name. He was one of the
most famous Yakuza in Japan.
*13 Chomin: Chomin means townspeople in Edo period and Meiji and Taisyo era.
*14Kinsikusyo: It was a name of the award. The person who dedicated his life to
the society received this award in general.
*15 Boryokudan: Boryokudan means an organized gang.
*16 Oyabun: Oyabun means leader of Yakuza.
*17 Sanjo: Sanjo is the name of the place in Kyoto.
*18 Shichijo: Shichijo is the name of the place in Kyoto.
*19 Shatei-kashira: Shatei-Kashira is the name of one of the managerial
positions in Yakuza.
*20 Shatei-Kashira-Hosa: Shatei-Kashira-Hosa is the name of one of the
managerial positions in Yakuza.
*21 Wakashyu: Wakasyu is the name of one of the managerial positions in
Yakuza. Jun-Wakashyu is, either. Wakashyu is the supervisor of
Jun-Wakashyu.
*22 Kogashira: Kogashira is the name of one of the managerial positions in
Yakuza.
*23 Syategashira: Syategashira is the name of one of the managerial positions in
Yakuza.
*24 Hamon-jo: Hamonjo is a kind of warrant in Yakuza world. If a member was
given this warrant, this member cannot join any Yakuza
organization. This rule is very strict in Yakuza world.
*25 Joynokin: It is said that the lower-class organizations pay money to their
upper organizations. This money are referred as Jyonokin.
*26 Meisekino-Keisyo: It is a name of the ritual to change the generation.
*27 Godaime-Aizu-Kotetu: Godaime-Aizu-Kotetu means the fifth generation of
Aizu-Kotetu. Godaime-Aizu-Kotetu has two
meanings. One is person's name. The other is the
name of the organization.
*28 Dimon: Daimon is the symbol mark of Yakuza. Each Yakuza has different
Dianmon.
*29 Lake Biwa Gravel Boat Union: It seems the Union's name. In the union, the
traders who trade gravel gathered.
*30 Seta: Seta is the name of the place in Shiga prefecture. It is located near
Lake Biwa.
*31 Kuwahara-gumi: Kuwahara-gumi is the gang's name in Shiga.
*32 daily government newsletter: Daily government newsletter was published
by the Japanese government. In the
newsletter, we can know who become
bankrupt and so on.
*33 Toppamono: Toppamono is the title of the book written by Manabu
Miyazaki. If you want to know what Topppamono stands for,
please read the book.
*34 Denno-Kituneme-gumi: Denno-Kituneme-gumi is an official fun club of
Manabu Miyazaki. Also, this club managed
Miyazaki's homepage.
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