Crime Disability Intellectual disabilities Japan Kobe

Hyogo Bar Association: DNA collection from intellectually disabled woman “illegal with no valid consent”

"The police station requested the woman voluntarily come to the station  in May, and the woman visited the station with her mother. The clerk collected DNA from the woman's mouth. The station claims that the collection was made with written consent. On the other hand, the woman said that she “did not agree” and that her mother did not approve. The station sent a document to the woman for allegedly damaging the property."

Written with extracts from The Kobe Shimbun

August 21st 2019

The Hyogo Prefectural Bar Association on August 20th said that an Akashi police station collecting DNA without a warrant from a woman in her 40s who had moderate intellectual disabilities was “illegal with no valid consent,” and issued a warning letter to the National Police Agency and the Hyogo Prefectural Police, asking to discard the recorded data.

According to the prefectural bar association, a woman hit a passenger car that had stopped in Akashi city in April 2017 and damaged it. The owner filed a damage report, and the female side paid the repair fee.

The police station requested the woman voluntarily come to the station in May, and the woman visited the station with her mother. The clerk collected DNA from the woman’s mouth. The station claims that the collection was made with written consent. On the other hand, the woman said that she “did not agree” and that her mother did not approve. The station sent a document to the woman for allegedly damaging the property.

According to the bar association, the woman was diagnosed as having “a serious flaw in judgment ability”. The warning pointed out, “If you do not have the ability to agree on the subject, you should do it based on a court warrant. .

Koji Okamoto, director of the Prefectural Police Prefectural Public Relations Division, commented, “I have not received the document, so I cannot answer it.”

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