A Vietnamese Technical Intern Trainee, Ms. Linh is Not Guilty!
Technical Intern Training Program in Japan
The Technical Intern Training Program (TITP) is a system aimed at facilitating international cooperation by having people in developing countries acquire Japanese technology and knowledge to use for economic development after returning to their home countries. However, in reality, it is a system for accepting workers to compensate for labor shortages in the manufacturing, construction, and nursing care industries.
Technical intern trainees sign employment contracts with Japanese employers, such as Japanese companies and sole proprietors, through sending organizations in their home countries and supervising organizations (SVOs) in Japan. After SVOs submit a training plan to the Organization for Technical Intern Training (OTIT) and receive approval, the trainees apply for a status of residence with the Immigration Bureau and enter Japan with a residence permit. The maximum period of the training is 5 years.
Technical intern trainees sign employment contracts with Japanese employers, such as Japanese companies and sole proprietors, through sending organizations in their home countries and supervising organizations (SVOs) in Japan. After SVOs submit a training plan to the Organization for Technical Intern Training (OTIT) and receive approval, the trainees apply for a status of residence with the Immigration Bureau and enter Japan with a residence permit. The maximum period of the training is 5 years.
Modern Slavery
Technical intern trainees are not granted the rights that should be guaranteed as humans, such as the freedom of choosing an occupation or residence, or freedom of pregnancy and childbirth.
Currently, Japan accepts nearly 400,000 technical intern trainees, and the work of technical intern trainees supports the lives of many people in Japan. However, the TITP has various problems. One such is the large debts that trainees incur. Many trainees come to Japan with large debts to intermediaries, brokers, sending organizations, etc. incurred before entering Japan. Not a small number of Vietnamese trainees come to Japan with debts of more than 1 million yen. However, trainees are often paid only at minimum wage levels. In addition, although Japanese labor-related laws also apply to trainees, some trainees are forced to work long hours without being paid overtime, and some are forced to work in environments that fail to meet safety and hygiene standards. Some also suffer from severe power harassment and sexual harassment from their bosses and colleagues. No matter how dissatisfied they become with working conditions, the TITP does not allow trainees to freely change their work and place of residence, except in special circumstances, such as bankruptcy of the company or dismissal. In addition, some SVOs and accepting companies illegally restrict and control the lives of trainees by confiscating their passports and/or residence cards, and by restricting communication with the outside world. In addition to, and possibly because of these problems, about 10,000 trainees returned to their home country ahead of schedule, and a further 10,000 disappeared without completing the program 2019. Even though technical intern trainees are workers and have basic labor rights, it is often the case that they are forced to return home if they insist on their rights and try to negotiate their work conditions. For this reason, this program can be considered a form of modern slavery.
Many technical intern trainees have been forced to return home when they become pregnant.
Technical intern trainees are supposed to be protected by Japanese law as workers, and the law stipulates that trainees should not be treated disadvantageously even if they become pregnant or give birth in Japan. Technical intern trainees are supposed to carry out practical training according to the technical intern training plan that they agreed to in order to come to Japan. If a technical intern trainee becomes pregnant, it is legally possible to change the training plan, continue working in a way that suits their condition, suspend the training at the time of childbirth, and resume training after childbirth. However, in reality, termination of training and repatriation for trainees who get pregnant is rampant, as employers and SVOs consider dealing with pregnant trainees to be troublesome. Even after three notices from the government that employers and SVOs must not treat trainees disadvantageously, such as engage in dismissals on the grounds of pregnancy, trainees are still prompted to return home for the sake of their child, or sent home for reasons other than pregnancy. In some severe cases, pregnant trainees are required to pay compensation, with getting pregnant cited as a breach of contract. For trainees who came to Japan with a large amount of debt, terminating their training and forcing them to return home saddles them with large debts. Under such circumstances, it is difficult for trainees to disclose pregnancies.
Technical intern trainees are not granted the rights that they should be guaranteed as humans, such as the freedom of choosing an occupation or residence, or freedom of pregnancy and childbirth in Japan. The U.S. Department of State also pointed out in their report on human trafficking around the world that Japan's TITP constitutes human trafficking, and has urged the Japanese government to make improvements.
Currently, Japan accepts nearly 400,000 technical intern trainees, and the work of technical intern trainees supports the lives of many people in Japan. However, the TITP has various problems. One such is the large debts that trainees incur. Many trainees come to Japan with large debts to intermediaries, brokers, sending organizations, etc. incurred before entering Japan. Not a small number of Vietnamese trainees come to Japan with debts of more than 1 million yen. However, trainees are often paid only at minimum wage levels. In addition, although Japanese labor-related laws also apply to trainees, some trainees are forced to work long hours without being paid overtime, and some are forced to work in environments that fail to meet safety and hygiene standards. Some also suffer from severe power harassment and sexual harassment from their bosses and colleagues. No matter how dissatisfied they become with working conditions, the TITP does not allow trainees to freely change their work and place of residence, except in special circumstances, such as bankruptcy of the company or dismissal. In addition, some SVOs and accepting companies illegally restrict and control the lives of trainees by confiscating their passports and/or residence cards, and by restricting communication with the outside world. In addition to, and possibly because of these problems, about 10,000 trainees returned to their home country ahead of schedule, and a further 10,000 disappeared without completing the program 2019. Even though technical intern trainees are workers and have basic labor rights, it is often the case that they are forced to return home if they insist on their rights and try to negotiate their work conditions. For this reason, this program can be considered a form of modern slavery.
Many technical intern trainees have been forced to return home when they become pregnant.
Technical intern trainees are supposed to be protected by Japanese law as workers, and the law stipulates that trainees should not be treated disadvantageously even if they become pregnant or give birth in Japan. Technical intern trainees are supposed to carry out practical training according to the technical intern training plan that they agreed to in order to come to Japan. If a technical intern trainee becomes pregnant, it is legally possible to change the training plan, continue working in a way that suits their condition, suspend the training at the time of childbirth, and resume training after childbirth. However, in reality, termination of training and repatriation for trainees who get pregnant is rampant, as employers and SVOs consider dealing with pregnant trainees to be troublesome. Even after three notices from the government that employers and SVOs must not treat trainees disadvantageously, such as engage in dismissals on the grounds of pregnancy, trainees are still prompted to return home for the sake of their child, or sent home for reasons other than pregnancy. In some severe cases, pregnant trainees are required to pay compensation, with getting pregnant cited as a breach of contract. For trainees who came to Japan with a large amount of debt, terminating their training and forcing them to return home saddles them with large debts. Under such circumstances, it is difficult for trainees to disclose pregnancies.
Technical intern trainees are not granted the rights that they should be guaranteed as humans, such as the freedom of choosing an occupation or residence, or freedom of pregnancy and childbirth in Japan. The U.S. Department of State also pointed out in their report on human trafficking around the world that Japan's TITP constitutes human trafficking, and has urged the Japanese government to make improvements.
The Case of Vietnamese Technical Intern Trainee, Ms. Linh
Under the conditions described above, in November 2020, Ms. Linh, a Vietnamese technical intern trainee who worked at a citrus farm in Kumamoto, became pregnant and gave birth to twins alone in a dormitory of a single house without telling anyone. Both babies were stillborn. In the midst of physical and mental fatigue immediately after the birth of her children, Ms. Linh wrapped her babies’ bodies in a towel and placed them in a cardboard box, named the babies, and wrote a message of condolence for them. She enclosed the letter in the box, put the box on top of the shelf in her room, and spent the night with them.
Ms. Linh was arrested and charged with the crime of violating her legal duties to perform proper burials for her stillborn babies, for which she was found guilty in a series of two trials. Is it a crime to give birth to stillborn babies without any help and keep the bodies for the night? This was very significant case not only for technical intern trainees, but also for all women living in Japan, so many people raised their voices saying that Ms. Linh was innocent. It took about two years and four months after Ms. Linh's arrest on November 19, 2020, for the Supreme Court to acquit her of any wrongdoing on March 24, 2023. With this verdict of not-guilty, we are hoping that a system will be put in place to treat women who are forced into isolated birth not as criminals but as subjects of protection and support, and to provide them with appropriate care. Ms. Linh's innocence was able to be achieved because of the support and cooperation of a wide array of people. We are grateful for such support. Thank you very much.
Ms. Linh was arrested and charged with the crime of violating her legal duties to perform proper burials for her stillborn babies, for which she was found guilty in a series of two trials. Is it a crime to give birth to stillborn babies without any help and keep the bodies for the night? This was very significant case not only for technical intern trainees, but also for all women living in Japan, so many people raised their voices saying that Ms. Linh was innocent. It took about two years and four months after Ms. Linh's arrest on November 19, 2020, for the Supreme Court to acquit her of any wrongdoing on March 24, 2023. With this verdict of not-guilty, we are hoping that a system will be put in place to treat women who are forced into isolated birth not as criminals but as subjects of protection and support, and to provide them with appropriate care. Ms. Linh's innocence was able to be achieved because of the support and cooperation of a wide array of people. We are grateful for such support. Thank you very much.
Details of the Incident
August 2018, she borrowed 1,500,000 yen and came to Japan
Ms. Linh came to Japan in August 2018 at the age of 19 to financially support her mother, who manages the household alone as her father cannot work due to illness. She began working at a citrus farm in Kumamoto Prefecture. While the average annual income in Vietnam was about 300,000 yen, Ms. Linh came to Japan with a debt of 1.5 million yen to the sending organization, so she worked almost every day and paid off her debt from her monthly salary.
May 2020, she noticed her pregnancy, but she could not consult with anyone.
Around May 2020, Ms. Linh noticed that she was pregnant. However, she was unable to consult with anyone out of fear that if her pregnancy was noticed, she would be terminated from the program and sent back home as she was aware of a number of cases where pregnant trainees were forced to return home. In addition, her SVO had warmed her not to get pregnant. She intended to work as long as possible while pregnant, after which she planned to go back to Vietnam and give birth there.
November 15, 2020, she gave birth to stillborn twin babies and spent one night together
On the evening of November 14th, Ms. Linh was struck by severe abdominal pain and her fetuses stopped moving. Accompanied by bleeding, her pain continued throughout the night. Feeling lonely and terrified, she eventually gave birth to twin babies around 9 a.m. on the following day (November 15th). The babies did not cry, did not breathe, and did not respond when touched. They were stillborn. Seeing the motionless babies, Ms. Linh's heart ached. Feeling sick, she lay next to the children on the bloody futon, but she could not see her children naked in the cold, so she wrapped the bodies of the babies in a towel to keep them warm, and using a cardboard box as a coffin, placed them to rest in her room. She also named the babies and placed a letter in the makeshift coffin saying "I'm sorry, my twin babies!! May you soon be in a peaceful place.”
November 16, she was taken to the hospital where she disclosed the birth of her babies.
At around 10:00 a.m. on November 16, Ms. Linh was taken to the hospital by her SVO after her employer called out to her. It became clear that she gave birth when she was medically examined. She was surrounded by the doctor, nurses, SVO, and an interpreter, and was questioned about her childbirth. She was in fear and panicking, and initially denied that she had given birth. No one was there to comfort her or help her. However, she eventually admitted to giving birth to stillborn babies when the doctor told her to report to the police.
November 19, she was arrested at the time of discharge, and then charged with abandonment of corpses.
Ms. Linh was arrested at the time of discharge from the hospital and was taken to the Yatsushiro Police Station for interrogation. After that, she was transferred to the East Police Station in Kumamoto City, detained, and interrogated again. On December 10, the Kumamoto District Public Prosecutors Office indicted Ms. Linh on the charge of abandonment of corpses under Article 190 of the Penal Code.
January 2021, shift to insistence of innocence
Ms. Linh was in custody until her release on January 21, 2021. After she was released and settled down, she denied the charges and sought an acquittal, saying the crime of abandonment of the corpse did not apply to her actions. As a result, the first trial date scheduled for February 2, 2021 was revoked, and conferences proceeded between her lawyers, prosecutors, and the judge.
July 20, 2021 She was convicted and given 8 months in prison, with a 3-year suspended sentence The first trial was held on June 21 and the second on July 13, 2021. On July 20, 2021, the Kumamoto District Court ruled that Ms. Linh's act was not an act of preparation for a "normal burial," and that she neglected her obligation to hold a funeral and left the bodies unattended, thereby offending the general religious susceptibilities of the citizens. Since the crime of abandoning the corpses was established, Ms. Linh was sentenced to "8 months in prison, suspended for 3 years".
July 27, 2021: Appeal to Fukuoka High Court
Ms. Linh was not satisfied with the judgment in the first trial. To her thinking, she did not abandon the bodies. Only about 33 hours passed since her birth until she confessed her stillbirth the next day, and she had been with her children all the way until she was taken to the hospital. Therefore, she appealed to the Fukuoka High Court.
January 19, 2022: Fukuoka High Court hands down conviction of "3 months in prison with 2-year suspended sentence"
The Fukuoka High Court overturned the first ruling, acknowledging that Ms. Linh did not abandon the bodies. However, her act of putting the boxes containing the children's bodies in a slightly larger box and taped them up in order to keep the children warm was deemed to be "concealment" (the act of hiding the corpses) and she was sentenced to 3 months imprisonment with a 2-year suspended sentence.
January 31, 2022: Appeal to the Supreme Court
Ms. Linh and her legal team appealed to the Supreme Court on January 31, 2022. On April 11, the defense team submitted to the Supreme Court a written appeal with 127 opinions and 25,912 signatures seeking her acquittal (a total of 86,612 signatures).
March 24, 2023: Not guilty verdict
On March 24, 2023, the Supreme Court ruled that although Ms. Linh's act "created a situation in which it was difficult for others to find the bodies," it "cannot be recognized as a procedure incompatible with customary burial." Therefore, the four judges unanimously handed down a reverse judgment that her act did not fall under “abandonment”
Ms. Linh came to Japan in August 2018 at the age of 19 to financially support her mother, who manages the household alone as her father cannot work due to illness. She began working at a citrus farm in Kumamoto Prefecture. While the average annual income in Vietnam was about 300,000 yen, Ms. Linh came to Japan with a debt of 1.5 million yen to the sending organization, so she worked almost every day and paid off her debt from her monthly salary.
May 2020, she noticed her pregnancy, but she could not consult with anyone.
Around May 2020, Ms. Linh noticed that she was pregnant. However, she was unable to consult with anyone out of fear that if her pregnancy was noticed, she would be terminated from the program and sent back home as she was aware of a number of cases where pregnant trainees were forced to return home. In addition, her SVO had warmed her not to get pregnant. She intended to work as long as possible while pregnant, after which she planned to go back to Vietnam and give birth there.
November 15, 2020, she gave birth to stillborn twin babies and spent one night together
On the evening of November 14th, Ms. Linh was struck by severe abdominal pain and her fetuses stopped moving. Accompanied by bleeding, her pain continued throughout the night. Feeling lonely and terrified, she eventually gave birth to twin babies around 9 a.m. on the following day (November 15th). The babies did not cry, did not breathe, and did not respond when touched. They were stillborn. Seeing the motionless babies, Ms. Linh's heart ached. Feeling sick, she lay next to the children on the bloody futon, but she could not see her children naked in the cold, so she wrapped the bodies of the babies in a towel to keep them warm, and using a cardboard box as a coffin, placed them to rest in her room. She also named the babies and placed a letter in the makeshift coffin saying "I'm sorry, my twin babies!! May you soon be in a peaceful place.”
November 16, she was taken to the hospital where she disclosed the birth of her babies.
At around 10:00 a.m. on November 16, Ms. Linh was taken to the hospital by her SVO after her employer called out to her. It became clear that she gave birth when she was medically examined. She was surrounded by the doctor, nurses, SVO, and an interpreter, and was questioned about her childbirth. She was in fear and panicking, and initially denied that she had given birth. No one was there to comfort her or help her. However, she eventually admitted to giving birth to stillborn babies when the doctor told her to report to the police.
November 19, she was arrested at the time of discharge, and then charged with abandonment of corpses.
Ms. Linh was arrested at the time of discharge from the hospital and was taken to the Yatsushiro Police Station for interrogation. After that, she was transferred to the East Police Station in Kumamoto City, detained, and interrogated again. On December 10, the Kumamoto District Public Prosecutors Office indicted Ms. Linh on the charge of abandonment of corpses under Article 190 of the Penal Code.
January 2021, shift to insistence of innocence
Ms. Linh was in custody until her release on January 21, 2021. After she was released and settled down, she denied the charges and sought an acquittal, saying the crime of abandonment of the corpse did not apply to her actions. As a result, the first trial date scheduled for February 2, 2021 was revoked, and conferences proceeded between her lawyers, prosecutors, and the judge.
July 20, 2021 She was convicted and given 8 months in prison, with a 3-year suspended sentence The first trial was held on June 21 and the second on July 13, 2021. On July 20, 2021, the Kumamoto District Court ruled that Ms. Linh's act was not an act of preparation for a "normal burial," and that she neglected her obligation to hold a funeral and left the bodies unattended, thereby offending the general religious susceptibilities of the citizens. Since the crime of abandoning the corpses was established, Ms. Linh was sentenced to "8 months in prison, suspended for 3 years".
July 27, 2021: Appeal to Fukuoka High Court
Ms. Linh was not satisfied with the judgment in the first trial. To her thinking, she did not abandon the bodies. Only about 33 hours passed since her birth until she confessed her stillbirth the next day, and she had been with her children all the way until she was taken to the hospital. Therefore, she appealed to the Fukuoka High Court.
January 19, 2022: Fukuoka High Court hands down conviction of "3 months in prison with 2-year suspended sentence"
The Fukuoka High Court overturned the first ruling, acknowledging that Ms. Linh did not abandon the bodies. However, her act of putting the boxes containing the children's bodies in a slightly larger box and taped them up in order to keep the children warm was deemed to be "concealment" (the act of hiding the corpses) and she was sentenced to 3 months imprisonment with a 2-year suspended sentence.
January 31, 2022: Appeal to the Supreme Court
Ms. Linh and her legal team appealed to the Supreme Court on January 31, 2022. On April 11, the defense team submitted to the Supreme Court a written appeal with 127 opinions and 25,912 signatures seeking her acquittal (a total of 86,612 signatures).
March 24, 2023: Not guilty verdict
On March 24, 2023, the Supreme Court ruled that although Ms. Linh's act "created a situation in which it was difficult for others to find the bodies," it "cannot be recognized as a procedure incompatible with customary burial." Therefore, the four judges unanimously handed down a reverse judgment that her act did not fall under “abandonment”
June 20, 2023
Yoriko Sakuma
Kumusutaka – Association for Living Together with Migrants
Yoriko Sakuma
Kumusutaka – Association for Living Together with Migrants