The Tokyo High Court has ruled that higher damages be paid to the wife of a Nepalese man who died after being arrested and physically restrained by the Metropolitan Police Department (MPD).

The initial ruling in the case set damages at about ¥1 million, but a ruling Wednesday by an appellate court of the Tokyo High Court raised the amount to about ¥39 million.

The wife argued that her husband died, at the then age of 39, because of illegal physical restraint. She sought compensation from the Tokyo metropolitan government and others.

According to the high court ruling handed down by presiding Judge Maki Aizawa, the Nepalese man was arrested in 2017 on suspicion of stealing lost or mislaid property. He became violent in an MPD detention facility and was therefore restrained by a belt with handcuffs.

The man subsequently became unconscious and was taken to the hospital, where he died.

In March 2023, the Tokyo District Court ruled that the MPD was responsible for the delay in transporting the man to the hospital. However, it deemed that damages should be kept at about ¥1 million, taking Nepalese laws and court precedents into consideration.

The high court ruling said, “The man was restrained with excessively strong force, causing severe restrictions to his blood flow,” and pointed out that he died from the illegal physical restraint by MPD.

Lost wages and compensation were also calculated, and the damages were increased.

“We will examine the ruling in detail and consider our next step,” an MPD official said.

In association with Asia News Network.