2014年10月02日

Nara Election Fraud Lawsuit Report

※英語版『チャランポランの口頭弁論調書は真実を語る』を暫定公開します。
私たちは今、より正確な英訳を求めています。なぜなら本件は世界中の人に拡散する必要がある重大問題だからです。  〜フセイ選挙追求裁判 奈良チーム〜


Translation of this URL: HYPERLINK
http://fuseisenkyo.seesaa.net/article/390215414.html
A Night before Revolution: by the Election Fraud Lawsuit Plaintiff – Nara Team
This is the blog of the people, and for the people that condemns election fraud. Japan is not an independent country. Japan must win independence now! I want your opinions!

March 5, 2014
★ A sloppy oral pleading report tells the truth.
“So you are suing for redoing the alleged fraudulent election? I know you're gonna lose!” Many of my friends told me that I am stupid. No re-election occurred after many “the difference in the value of one vote” lawsuits, after all. Besides, the purpose of our lawsuit was to condemn the criminal election fraud happening all over Japan. Even after indictment, I knew the rest of the world would think I'm crazy. Nevertheless, I and the rest of the plaintiff group filed a lawsuit asking for “voiding the last Upper House Member Election on July 21, 2013” in Osaka Superior Court, hoping to bring the reality that Japan is facing into attention of one more person through this lawsuit without hiring any lawyer. That's right, the reality that Japan is facing, the reality that TV, newspapers, and schools will never teach you.

On February 28, 2014, I, K-ko the Plaintiff, arrived at Osaka Superior Court, in order to read the record of the “Heisei 25 (2013 AD) Gyou Ke No. 11 Lawsuit” (「平成25年行ケ11号裁判」). Strangely enough, the Second Oral Pleadings Report did not contain the record of important statements that we made during the oral pleadings on November 1. What's going on? I made a photocopy of a few pages.

By the way, what is an Oral Pleadings Report?
The court secretary attending the lawsuit must write a record of its proceedings. The record must contain the statements from witnesses, expert witnesses, and parties concerned, as well as the claims and evidences from the parties, and must be stamped and signed by the court secretary and chief justice. HYPERLINK http://www.courts.go.jp/saiban/qa_minzi/qa_minzi_10/ 
If one has objections on the Report, one can plead them until the next oral pleadings. In other words, any objections on the Second Oral Pleadings Report could be made until the Third Oral Pleadings, although I imagine that our objections would be rejected anyway. Furthermore, our “Heisei 25 (2013 AD) Gyou Ke No. 11 Lawsuit” is over already. Therefore, we cannot plead any more objections at this point. However, this Oral Pleadings Report is so sloppy that it is natural for anyone to think that this lawsuit was not conducted in a fair and just manner. Furthermore, since anyone can read the lawsuit records, if an ordinary citizen reads them, he or she will find out the actual way that the lawsuit was conducted. Maybe the Court is trying to suppress the fact. So, I decided to expose the Oral Pleadings Report in question.

First, I would like you to take a look at the Report of the First Oral Pleading on October 6, 2013 (Heisei 25). This is two-page long. I guess this is one of the better ones...
First page
記録.jpg
Chief Judge's stamp
Report of the First Oral Pleading

Case ID: Heisei 25 (Gyou-ke) No. 11
Date: 10:30 AM, October 4, Heisei 25 (2013)
Place and Openness to the Public: Osaka Superior Court No. 9 Civil Court, Open to the Public
Chief Judge: Jun-Ichi Kaneko
Judge: Takuya Ueda
Judge: Satoko Koike
Secretary: Hiroshi Yokomichi
Attendees:
Plaintiff: Keiko Oyagi (K-ko, the author of this blog)
Plaintiff: -
Plaintiff: -
Attorney of Defendant: Kazutaka Tanaka
Attorney of Defendant: Akinori Nishino
Attorney of Defendant: Toshihioko Nakano
Attorney of Defendant: Kenji Imai
Attorney of Defendant: Yosuke Omori
Designated Deadline: 10:30 AM in November 1, Heisei 25 (2013)

Contents:
Plaintiffs
Explanation of the Letter of Pleadings
Explanation of the prepared documents as of October 3, Heisei 25 (2013)
On the Defense Statement “No. 3 Recognition or denial of the cause of the pleading” 2(5) ”a (ア)”, vote counting managers and workers claimed that they never prohibited photography. However, photography was actually prohibited.

Second page
記録2.jpg
Although this lawsuit demands voiding the last Upper House (district) representative election, the reason for this pleading is that the plaintiff believes that the same illegal facts that she observed during the Upper House (proportional) representative election should have been taking place during the last Upper House (district) representative election.
We the plaintiffs submit the prepared documents, statement of pleadings, explanation of documentary evidences, and evidence submission statement.

Plaintiff A :
The Public Servant Election Law, Article No. 204 does not place any limitations on voters. Therefore, she is eligible to become a plaintiff in this lawsuit.

The Defendants:
Explanation of the Reply Statement
They object to the claims on the Prepared Documents as of October 3, Heisei 25 (2013).
Evidences are on the separate sheets.

Hiroshi Yokomichi, Secretary of the Court (stamped)

Although the Report is simple, it contains our pleadings. I will summarize them below:

Stating the petition
Statement prepared by the plaintiff as of October 3, 2013 (Heisei 25)
Although the defendant, the Nara Prefecture Election Administration Commission claims that its members did not prohibit K-ko the Plaintiff from taking photographs of the ballots, photography was actually prohibited (Plaintiff's claim).
This lawsuit asks for voiding the last Upper House Representative Election. The reasons for this statement on the petition are that the Plaintiff witnessed fraudulent and illegal election practices during the last Upper House Proportional Representation Election, and is suspicious that the same practices are done during the last Upper House District Election.
Plaintiff A has the full qualification as a plaintiff, due to the fact that the Public Servant Election Law, Article No. 204 does not impose any limitations on voters (Plaintiff's claim).

The following is the Second Oral Pleadings Report in question. It is only one page.

First page

記録3.jpg
Chief Judge's stamp
Report of the Second Oral Pleading

Case ID: Heisei 25 (Gyou-ke) No. 11
Date: 10:30 AM, November 1, Heisei 25 (2013)
Place and Openness to the Public: Osaka Superior Court No. 9 Civil Court, Open to the Public
Chief Judge: Jun-Ichi Kaneko
Judge: Takuya Ueda
Judge: Satoko Koike
Secretary: Naoki Betsumura
Attendees:
Plaintiff: Keiko Oyagi (K-ko, the author of this blog)
Plaintiff: -
Attorney of Defendant: Kazutaka Tanaka
Attorney of Defendant: Yoshie Mitsuhashi
Attorney of Defendant: Toshihioko Nakano
Attorney of Defendant: Kenji Imai
Attorney of Defendant: Yosuke Omori
Designated Deadline: 11:00 AM in December 6, Heisei 25 (2013), Sentence to be announced

Contents:
Defendants:
Statement of the Prepared Document No. 1 (as of November 1, Heisei 25 [2013])
Evidences on the appendix

Chief Judge
End of Pleadings

Court Secretary: Naoki Betsumura (Stamped)

It simply writes the statement of the Defendants, without writing any of the statements from us, the Plaintiffs.

On this day, I, K-ko, and another Plaintiff S were making important claims. Because we have the voice recording of the court proceedings (in Japanese), you can evaluate for yourself the extent that the above Report is defaming Japanese citizens. I summarize the important points below:




Up to 5 min: Confirmation of submitted documents and video clips

Around 6 min: All the sudden, the Chief Judge said “the Court has found out that some of you inside the Court are tweeting in the Twitter. We ask you to stop that.”
K-ko the Plaintiff: “how did you know that someone in the court is tweeting? Are any Court workers accessing the Internet?”
Chief Judge: “I heard a report of such tweeting.”

Around 7 min: Chief Judge: “I guess the debate is over...”
K-ko the Plaintiff: “Chief Judge, here is something that I want to make a statement. Although Plaintiffs, Defendants, and Judges are facing each other in this place, I want to discuss in a circle, if possible, for all of us here are voters, before being Plaintiffs or Defendants. We are not standing in opposition with Nara Prefecture Election Administration Commission. This is the problem that every one of Japanese citizens must face. If you don't know where your ballot went, you have a problem. On the day of vote counting, I saw too many ballots with the same handwriting, so many that it chilled my nerves. Whether or not it affects the outcome of the election does not matter. This is a big criminal offense.”

Around 9 min: K-ko the Plaintiff: “A number of lawsuits with the same claim are being conducted everywhere in Japan. However, the lawsuit in Tokyo was ended after only one oral pleading, without accepting any evidences. The Plaintiffs were literally shut out of the gate. I saw the proceedings of this Tokyo lawsuit on the Internet. For the first time in the history of the Japanese courts, I saw people inside the court yelling in chorus ('Sprechchor' in German). The lawsuit in Tokyo was not a lawsuit at all. Not only our elections are wrong, our lawsuits are also wrong. At this point, what should we believe? The fact is, our democratic system is collapsing. This lawsuit is a chance to change this country from the bottom up. I don't want you to waste this chance.”

Around 13 min: K-ko the Plaintiff “There are some people who commit crimes, taking advantage of the naiveness of the general public thinking that no one is bad, election fraud is impossible, or nothing is wrong. This is a big crime definitely taking place all over this country.”

Around 15 min: K-ko the Plaintiff “I first doubted the legitimacy of elections during the Lowe House Election in 2012. The news of winning election was on TV as soon as (within less than a second of) the designated time of ballot casting termination (8:00 PM). Something is wrong.”

Around 16 min: K-ko the Plaintiff “About the automatic ballot reader”

Around 17 min: K-ko the Plaintiff “It turns out that Prime Minister Abe is a FAKE Prime Minister, who took his position as a result of election fraud. He is passing many laws that make ordinary people suffer. He must be punished by Heaven.”

Around 18 min: K-ko the Plaintiff “Why don't we have the system to re-evaluate the vote count in the first place? There should be error or mistakes in counting. Since the vote counting lasted until the next morning, there must be mistakes. I ask for vote recount, against all odds.”

Around 19 min: Plaintiff S: “In two lawsuits in Tokyo, two different persons with exactly the same name were sitting in the Defendants' bench. This is strange.”

Around 20 min: Plaintiff S: “I have a question regarding the Reply Statement from the Defendants. When K-ko the Plaintiff found the ballots in question, did you report and record the fact?”
Defendant: “It is as we wrote in the Reply Statement.”
Chief Judge: “The reply to your question has been submitted in writing...'mumbling'” He shut out the pleading of Plaintiffs.

Around 24 min: K-ko the Plaintiff “I was an observer of Proportional Representative Election in the Upper House Vote Counting Site. However, I am asking for voiding the District Representative Election. Some people may argue against my idea of doing it. Nevertheless, I want to make a big statement right here. On that day, I was the only one who investigated ballots with an eye on the similarity of handwriting among ballots. Therefore, any ballot that I have not seen is null and void. Open up the ballot boxes and show me the ballots in the District Election.”

Around 25 min: K-ko the Plaintiff “On the day of vote counting, four elections were taking place, namely Nara City Mayoral Election, Nara City Representative Election, National Upper House Proportional and District Elections. Although the Liberal Democratic Party (LDP) lost in the Nara City Mayoral Election, LDP won the Upper House District Election. Something is strange. Common sense will tell you that the same party should win. The result of the Upper House District Election is loaded with suspicions. The ballots need to be counted again. Please allow us to do that.
“The Plaintiff S asked you the Defendants a question about photographing. The people sitting in the Defendants' bench are not the ones who were at the site of vote counting. Hence, I know that you will answer whatever questions we may ask “as written in the Reply Statement.” Therefore, I ask Judges to summon Nara Prefecture Election Administratio Commission workers as witnesses.”

Around 27 min: Chief Judge “The debate is over. I will announce the sentence on December 6...”
K-ko the Plaintiff: “What? Third of December? What?”
Chief Judge “Eleven O'clock on December 6.”
K-ko the Plaintiff: “Hello, Chief Judge. I asked you to summon witnesses. What about that...?”
Chief Judge: “That has been submitted in writing.”
Gallery: “What?!”
People in the gallery yells: “The debate is not over! Don't run away!”
Judges left the court in a hurry. People in the gallery were still yelling.


Here (URL link) is the previous reports of the Second Oral Pleadings (in Japanese).
http://fuseisenkyo.seesaa.net/article/379211705.html

The Court must record whatever we the Plaintiffs claimed during the Second Oral Pleadings. However, the Court did not do that. If one makes a serious effort to record it, it should be around three to four pages. Even if one tries to abbreviate, the contents of the 24 min and thereafter of the voice recording must be written because we the Plaintiffs claimed that the submitted documents were not enough. Particularly, the facts that the Plaintiffs asked the Chief Judge to summon witnesses and the Chief Judge rejected must be recorded for sure. Why is that happening? One reason is the effect of the “election fraud lawsuit” in Tokyo Superior Court.

Lawsuits with claims similar to this lawsuit took place everywhere in Japan. Among this series of lawsuits, the first trial was from our lawsuit “Heisei 25 (2013 AD) Gyou Ke No. 11 Lawsuit” (「平成25年行ケ11号裁判」). When I look back at the First Oral Pleadings on October 6, 2013, I think that this was one of the better ones. Details → (URL, in Japanese)
http://richardkoshimizu.at.webry.info/201310/article_38.html


After that, similar lawsuits took place in Tokyo Superior Court. Although I have been hearing that “Courts in Tokyo are the most corrupted among local courts,” the event that exceeded my imagination took place in Tokyo Superior Court, and the corruption was confirmed as a fact. It is obvious if you watch “Court video recording of the 102th Lawsuit, URL, in Japanese).
http://dai.ly/x168vt7

Then, one month after the Tokyo trial, the Second Oral Pleadings of “Heisei 25 (2013 AD) Gyou Ke No. 11 Lawsuit” (「平成25年行ケ11号裁判」) took place in Osaka Superior Court. The atmosphere of the Court changed completely. Security officers were everywhere around the courtroom, and there were no press reporters from newspaper companies. Two reporters, one from Yomiuri Newspaper and one from Asahi Newspaper, were in the Gallery during the First Oral Pleadings. Those two reporters were very cooperative, and even e-mailed and phone called me and said “I want to read the Reply Statement of the Defendants” and “I will fax about this lawsuit to our local offices.” Since those reporters are the members of the press club stationed in Osaka Superior Court, it is not difficult for them to sit in the Gallery. I asked them to “sit in the Gallery of the Second Oral Pleadings.” Nothing happened. They didn't come. I believe that press was censored after the beginning of the Tokyo Superior Court lawsuit. From the very beginning, those press reporters did not have a clue as to the seriousness of the matter, the matter that shakes this country from the bottom up.
We the Plaintiffs felt that the change from the First to the Second trial is an evidence that the election fraud took place. We believe that the Gallery felt the same, too. “Not only the election is wrong, the lawsuit is also wrong. Japan is not a constitutional state.” To make the matters worse, a misconduct in the “Oral Pleadings Report” writing was revealed, which further adds up as an evidence for election fraud. Apparently the perpetrators and the mastermind of this election fraud are serious about covering up this fact from citizens.

I must mention about heavy security guards. There were not security guard during the First Oral Pleadings in Osaka Superior Court. However, during the Second Oral Pleadings, we saw at least ten security guards. There were far more of those during the day of Sentencing. A person who was at the Galleries of both Osaka and Tokyo Superior Courts testified that exactly the same persons were at both Courts. Look at the photo below:

警備.jpg

I heard that the shape of an ear is a key to decide on an identity of a person. From that perspective, the ear shapes of the men in photo are very similar. The person at the Galleries also asserted that not just one, but a few others were in both Courts. Osaka and Tokyo are not close at all. How can a same person be guarding two places that are far away? Guards were not affiliated with Courts. I think so, too, as a feeling at the site of Osaka Superior Court. The perpetrators of the election fraud and the mastermind that wants to cheat in the court are from the same criminal organization. Who are they? If you want to know more, please read an article in this blog “Mastermind of Election Fraud → URL, in Japanese.”
http://fuseisenkyo.seesaa.net/article/378442651.html

*Regarding the “Prohibition of Voice Recording” in a Courtroom
The Japanese Courts prohibit voice or video recordings in Courtrooms. However, because an illegal conduct during an election is a political crime, “prohibition of voice recording” can be judged as a “judgement by a court alone without any constitutional ground.” Furthermore, the Constitution of Japan has the following Article:

Constitution of Japan, Article 82 Clause 1 and 2

Article 82
Any trial and sentencing of any lawsuit must be conducted in public.
If all judges in a court unanimously agreed that a particular trial threatens the public order or moral, the trial may be conducted without being in public. However, trials regarding political crime, crime on press, or cases on issues of human rights as guaranteed in Chapter 3 of this Constitution must be conducted in public at all times.

Article 99
The Emperor, Regents, Ministers, National Capitol House Representatives, Judges, and other public servants are obliged to respect and protect this Constitution.

National Lower and Upper House Elections and Prefecture Gubernatorial Elections are directly related to national politics. The following document is an evidence:

記録5.jpg


No. 332802 Stamped
Letter of Appointment
Bureau and Address: Osaka Justice Bureau, Department of Lawsuit
Osaka Justice Bureau North Building
1-11-4, Tenma, Kita-ku, Osaka City 530-0047
Names: Chief: Kazutaka Tanaka
Senior Officer: Akinori Nishino
Senior Officer: Yoshie Mitsuhashi
Office: Toshihiko Nakano
The above persons are appointed as affiliates to conduct lawsuit of the following case that related to the interest of the Nation on behalf of the Defendant, Nara Prefecture Election Administration Commission, according to the statutes regarding the privileges of the Minister of Justice.

September 25, Heisei 25 (2013)

Minister of Justice: Sadakazu Tanigaki

Regarding:
Osaka Superior Court, Civil Department No. 9
Heisei 25 (2013 AD) Gyou Ke No. 11 Lawsuit (「平成25年行ケ11号裁判」)
Plaintiff: Keiko Oyagi (K-ko the Plaintiff) and two others
Defendant: Nara Prefecture Election Administration Commission

This is the Letter of Appointment by Mr. Tanigaki, the Minister of Justice. It says, “The above persons are appointed as affiliates to conduct lawsuit of the following case that related to the interest of the Nation on behalf of the Defendant, Nara Prefecture Election Administration Commission, according to the statutes regarding the privileges of the Minister of Justice.” The Defendant-appointed attorneys for Heisei 25 (2013 AD) Gyou Ke No. 11 Lawsuit (「平成25年行ケ11号裁判」) in Osaka Superior Court were appointed by the National Government. Therefore, according to the Constitution of Japan, Article 2 Clause 2, “trials regarding cases on issues of human rights must be conducted in public at all times,” the act of “prohibiting voice or video recording or photographing, and dismissing anyone who does those” by court workers is unconstitutional. I repeat. Election fraud is a political crime.

I will make the following document public, too:

記録4.jpg

Chief Judge's stamp
Report of the Third Oral Pleadings Report (Announcement of the Sentence)
Case ID: Heisei 25 (Gyou-ke) No. 11
Date: 11:00 AM, December 6, Heisei 25 (2013)
Place and Openness to the Public: Osaka Superior Court No. 9 Civil Court, Open to the Public
Chief Judge: Jun-Ichi Kaneko
Judge: Takuya Ueda
Judge: Satoko Koike
Secretary: Hiroshi Yokomichi
Attendees:
Plaintiff: Keiko Oyagi (K-ko, the author of this blog)

Contents:
Chief Judge
Sentenced according to the Letter of Sentence
Court Secretary: Hiroshi Yokomichi (Stamped)

This is the Report of the Third Oral Pleadings (Announcement of the Sentence). None of the Defendants attended. The Sentence was fixed from the very beginning. I did not have to attend. According to the above Report, as a “content of the trial,” Chief Judge “Sentenced according to the Letter of Sentence.” The Chief Judge actually read a short sentence. The claim of the Plaintiff A to have the legitimate qualification as a Plaintiff was rejected. Our plead for re-counting votes was rejected. Other pleads by us were dismissed. Dismissal means “out of question.” It lasted only one minute. For the report of the Sentence Day, follow the link (URL, in Japanese).
http://fuseisenkyo.seesaa.net/article/382141589.html

My last words: The Japanese National Government is covering up what citizens must know by full force. Japan is not a sovereign (independent) nation. Entertainment contents in the media such as TV exists to divert the attention of citizens from politics. You might think that civil war in Syria and coup d'etat in Ukraine are happening at some places far away from you. However, the mastermind organization behind the scene is the same as the one conducting election fraud in Japan. Please realize that. The whole world is interconnected. Parents of kids must know that.

The blog to know the truth → in Japanese, HYPERLINK
http://richardkoshimizu.at.webry.info
You may not understand at first what the blog is saying. If you continue reading it, however, you will understand that the world and your town are connected.

The End.


末文ですが、懇切丁寧に英訳してくださった国士に心から感謝。
ありがとうございます!

K子


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