Posted on 07/18/2004 8:55:26 PM PDT by GATOR NAVY
CAMP FOSTER, Okinawa When Rodrico Harp was sentenced to seven years at hard labor for his part in the infamous abduction and rape of an Okinawa schoolgirl in 1995, he never thought hed be assembling cell phones or making auto parts. Thats what he claims hard labor meant at Kurihama, the Japanese prison near Yokosuka where most American servicemen convicted in Japanese courts wind up.
I made parts for Mazdas and Nissans, Harp said during a telephone interview from his home in Griffin, Ga. You had no choice. If you refused to work, they put you in what we called a chill box, a little cell with nothing in it, and they forced you to sit rigidly all day at a desk until it was time to eat and sleep.
Sometimes, if they thought you were too rowdy or misbehaving or just not doing what they wanted you to do, theyd put you in a straitjacket in a padded room.
Thats wrong, says Michael Griffith, a New York-based lawyer who specializes in defending Americans overseas.
Japan is in gross violation of international law by forcing prisoners to work for commercial companies, Griffith said via telephone from his Long Island home. It amounts to slave labor, nothing less.
Japan prison officials and legal experts disagree. We do not necessarily see inmates engaging in manufacturing commercial products as a problem, said Makoto Teranaka, executive director of Amnesty International Japan. We hear arguments criticizing that the practice harms fair competitive market activities. However, products made by inmates are no cheaper than those made in the regular commercial environment. The differences in the price for the products that a company pays and the amount an inmate receives goes in the prison coffer. Every prison is supposed to be self supporting, he said.
In addition, Japanese officials say commercial products made in Japanese prisons arent exported to countries banning forced prison labor.
Prison labor is a part of punishment, said Teranaka. Therefore, what inmates receive are not wages, but a financial incentive. What we see as a problem is that they work a full eight hours, which deprives them of any opportunities to receive counseling or other necessary treatment.
Griffith, who represented the families of Harp and another defendant in the 1995 case, said American prisoners are forced to work eight hours a day for what amounts to about one dollar a day. They made auto parts and assembled cellular telephones, the former prisoners said.
Its in direct violation of the Forced Labor Convention of 1930, which prohibits the use of prisoners for outside contractors, Griffith alleged.
The U.S. State Department lists Japan as a party to the convention. According to papers filed in a 1994 Congressional subcommittee hearing on the prison labor issue, Japan ratified the convention Nov. 31, 1932.
Harp was a 22-year-old Marine private first class when sentenced in March 1996 with Pfc. Kendrick Ledet, 21, and Navy Seaman Marcus Gill, 23, a medic, for raping a 12-year-old girl they abducted from a street corner in Kin village, just outside Camp Hansen. The incident occurred on Labor Day 1995.
Harp and Gill were sentenced to seven years and Ledet to 6½ years of hard labor. All three were released last year and dishonorably discharged.
According to Japanese prison officials, about 20 U.S. servicemembers are serving time in Kurihama prison. Their work assignments include kitchen work and cleaning cellblocks, or manufacturing commercial products.
Prison officials declined any further comment.
While in prison they were working for a Japanese automaker, making emblems for the front hoods and fabricating headrests, Griffith said. Harp told me that when the U.S. military guys came in to visit them, the Japanese would take the labels off the boxes so they wouldnt see who the prisoners were working for.
Griffith hopes to pressure Congress to hold hearings on the matter, in much the same way two house subcommittees met in 1994 on the Japanese prison labor issue.
At that time Rep. Gary L. Ackerman, (D-NY), chairman of the Subcommittee on Asia and the Pacific, was disheartened, he said, to hear the testimony of Christopher Lavinger, a client of Griffith sentenced to 16 months in a Fuchu prison on drug charges.
Lavinger told the congressmen he was struck with an electrified baton twice when he teetered from a rigid position on a chair where he was forced to sit nearly motionless for 12 hours a day after refusing to produce goods for Sega and several Japanese department stores, for the equivalent of about three cents an hour.
It is my firm opinion that not only is this practice morally reprehensible, but it is also in direct contravention of international agreements on to which Japan and most other industrialized and civilized nations have signed, Ackerman said in a statement made June 10, 1994.
Forced labor such as this violates the general conference of the International Labor Organizations Convention 29, which was ratified by Japan on Nov. 21, 1932.
The convention defines forced or compulsory labor as any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired or placed at the disposal of private individuals, companies or associations.
In some countries, including the United States, private companies use prison labor, but only with prisoner consent and for minimum wages.
Ackerman said a Japanese official told him the practice was not against Japanese or international law, but companies were instructed not to send any of the products to the United States because of the prohibition concerning prison labor.
Its too bad the Democrats lost control of Congress the next year and Ackerman lost the chairmanship of the committee, Griffith said. Nothing ever happened as a result of the hearing.
In a letter to Griffith last year, Harp said he was forced to make and assemble cellular phone parts, car emblems and car panels. Pay ranged from 1,000 yen to 3,000 yen ($9.43 to $28.30) per month. He wrote to the U.S. Embassy in Tokyo complaining of being forced to work for private Japanese companies and was told in a two-paragraph response that, SOFA status prisoners are the responsibility of the U.S. military in Japan, regardless of where the prisoner is serving his sentence. We have forwarded your letter to the Marine Corps Base Camp Fuji, for further action.
Harp said no action was taken.
Embassy officials directed Stripes inquiries to U.S. Forces Japan for information concerning the issue. A July 8 response stated, prisoners receive a monthly visit from their respective service components prisoner liaison officer.
During this visit, the status of the prisoners health and welfare along with any complaints are noted, the USFJ response stated. If any legal matters arise, they are addressed by the Judge Advocates office.
Yeah, theyd come by, Harp said. Theyd walk through and talk to us and tell us we were doing a good job and then theyd go. They saw what we were doing.
Amnesty International released a May report highlighting reports of torture and ill treatment of people while in Japanese custody.
However, Japanese members of the organization say the prison labor issue is not that serious.
Teranaka, the executive director, said the prison labor practices are under review by the Ministry of Justice.
I guess the prisons in Japan don't provide gyms, law libraries, and entertainment the way ours do in the U.S. Maybe we should adopt their way of handling criminals.
These guys are part of why the Marines had such a terrible rep in Okinawa.
When I was in Okinawa the Japanese Police always started a conversation with "You Marine?" Thank God I was Army -
Marines got no slack in Okinawa because of some of them that were all caught up with gung ho fever and showed zero respect for the culture..
There were actually beaches that only Marines were banned from by the okinawans - very bad reputation.
Michael Griffith, Esq. be happy that I'm not in charge. Mr. Harp would be dropped naked in the tundra during mosquito season somewhere in the vicinity of migrating polar bears after a long winter. Live like a barbarian...die like a barbarian.
The scumbag lawyer. Actually, he was involved in the original trial too.
Perhaps this guy would like to compare his treatment to that received by our WWII POWs, who suffered horribly at the hands of the Japanese. Let's see--he raped a 12 year odl girl and only received a 7-year sentence, then complains because he had to work? Give me a break. You'll note that the story makes no mention as to what Mr. Harp is doing now. Very little, I'd say, and I'll bet he's still on the government's dime, as a welfare recipient. BTW, I wonder if he had to register as a sex offender after returning to the states. There ought to be a sign in his front yard, reminding everyone what he did to that little girl....
He looks like a very aged and dissipated version oif that pretty boy who defended Kervokian. The one all of the cable news shows had on a few years ago, jeffrey something.
I hope this creep has a long pre-trial settlement conference with his creator.
"forced you to sit rigidly all day at a desk until it was time to eat and sleep"
Here we call them cubicles.
(And that was directed toward the rare individual I would refer to as an "ex-Marine", not you).
Yo homes, ain't it a b** tch when you have to work. Jeez with a Queens judge you'd be chillin' with some fine b**ty and an apology for being hassled by the man.
He was the lawyer for Ted Maher in the Edmond Safra murder.
Oh boohoo....Hard labor should mean breaking rocks 10 hours a day, not sitting on your behind putting phones together!!!
Why is this scumbag still allowed to breathe?
A follow up... I know the Marines are embarrased that this bottom feeder slipped throught the crack (hmmm pun intended)Much respect for the dignity, courage and pride of the Marines from just a country boy but a proud American. Thanks for your service...
He should have been turned over to the vicitms family...and let them take care of him anyway they saw fit...
Why bring him back to the USA....like we need the likes of him here...
Wouldn't the felony conviction cause this guy to lose his right to vote? I realize that it was in a Japanese court, so I'm curious as to what the law is.
Well, for seven years at least, these scum were not here in the US commiting crimes.
Awww . . . I'd like to buy some of those products. The reason crime is so high in this country is because 'rats like to mollycoddle criminals.
I don't know what the consequences of a foreign felony conviction are. All they received from the U.S. were dishonorable discharges, which is not a conviction.
Okay, so we have a voting rights concern about this quality American citizen. He's violent, rapist, trash, sounds like a Democrat Convention Delegate
Actually a DD is a felony conviction = no vote.
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