Kimberley Caines: Travelling in Japan is absolute bliss — if you stay on the right side of the law

In 2019, Japan was Australians’ most Googled travel destination. It beat popular travel spots like Bali, New Zealand, Thailand and Fiji. The East Asian nation then dropped to second place last year — behind Bali (no surprises there) — after only reopening its borders to tourists in October following strict COVID restrictions for nearly three years. Think cherry blossoms, ski resorts and Japanese cuisine. This is what attracts Australians to Japan. It sounds like absolute bliss — if you stay on the right side of the law. I’m in Tokyo at the moment to cover Premier Mark McGowan’s trip to Japan to spruik WA’s green hydrogen and battery mineral capabilities to one of the State’s biggest trading partners. While I’m here, I’m also following any developments on Donna Nelson — a WA Indigenous woman who was detained in Japan earlier this month, with the reason for her arrest yet to be disclosed. We understand Nelson was caught by Japanese customs and handed over to police at Narita Airport — just outside of Tokyo — at the start of January and is believed to still be in the district. A decision is expected any day now on whether Japanese authorities will charge her or deport her back to WA. Under Japanese law, those detained are thrown into cells at detention centres or the closest police station to their arrest for several weeks. On about day 23, either the detention period is extended, charges are laid, or the suspect is released. What I have learnt so far on the ground about the legal system here is alarming. Locals tell me those taken into custody must confess and co-operate with police regardless of their guilt or otherwise. They’re interrogated for hours a day — sometimes woken up in the middle of the night to try to make them break. Nothing is physical but their mental state is severely tested, and then there’s the language barrier. The lights are kept on at night, they sleep on a mat, and are only served cold food. Towards the end of their 23 days in detention, they’re presented with a confession letter (written on their behalf) to sign. Advice I’ve been given in Japan for anyone who faces the unfortunate situation of being locked up here is to profusely apologise for breaking the law and for any trouble caused to the Japanese community and to show remorse. The Japanese are trusting, law-abiding people. They follow a code of law system — not common law like back in Australia. The rules are the rules and they won’t be bent for anyone. It’s black or white. Did you steal? You were caught on CCTV. Did you have drugs in your luggage? It’s your bag and they were in there. I’ve been told of a Melbourne man who was detained for 23 days for accidentally stepping on the foot of a Japanese man when a train jolted and he slipped. The Japanese man shouted “assault” and the Melbourne man was locked up for nearly a month until he confessed and was then deported. Another involved a drunk Aussie urinating in the street, and one who got into a fight at a bar. During this time, these people’s financial circumstances, relationships with family and friends, and employment are put at risk. We saw this happen to Nelson yesterday with Derbarl Yerrigan Health Service standing her down as its chair. “With the situation facing Donna in Japan still unknown and the timing of her return to Australia uncertain, the board felt appointing a new chair was crucial to the smooth running of the organisation,” a statement from the organisation read. “Our hope is that Donna will now be afforded the space and compassion she needs to deal with the personal challenges she is facing.” If you are planning a holiday overseas, just remember to act within the laws of that country as the Australian Government cannot get you out of jail but can only provide you with support.

Kimberley Caines: Travelling in Japan is absolute bliss — if you stay on the right side of the law

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