Legal Japan's hostage justice system under scrutiny

Japan's so-called hostage justice system drew international criticism in 2019 when news of ousted Nissan Motor Chairman Carlos Ghosn escaping while on bail made headlines worldwide. The combination of long detention time and denial of bail, typically until a confession emerges, is not restricted to foreign nationals but affects Japanese, too, who are held in custody without bail to coerce them into confessing.

In addition to these malicious practices, false accusations can have far-reaching consequences, with little chance for wrongly accused individuals to defend themselves. In this particular case, the police not only ignored exculpatory evidence but fabricated incriminating evidence!

Ohkawara Kakohki, a Yokohama-based manufacturer of spray dryers, attracted police attention in late 2018 due to suspicions that its products might be used to develop biological weapons and that it was involved in illegal exports without the required permit. Despite conducting multiple experiments to demonstrate the safety of their products to the police, Masaaki Okawara and two other firm executives—Junji Shimada and Shizuo Aishima—were arrested in March 2020. During their time in detention, they took the advice of their lawyer and decided to exercise their right to remain silent. In Japan, however, opting for silence often comes with significant consequences. Aishima repeatedly denied his bail requests because he might have conspired with employees. His health deteriorated severely during this time behind bars, and he died from stomach cancer in February 2021.

Okawara and Shimada, meanwhile, were held in detention for a total of 332 days. The case is undeniably tragic but not uncommon, reminding the public of human rights abuses that can accompany Japan's criminal investigations. [...] "I had not expected to be arrested," Okawara said, as he had nothing left to say, having visited the police station over 40 times for voluntary questioning and answered all their questions. "The police tried to coerce a confession out of me by locking me up in a cell and keeping me away from my family, employees and society," he said. Before the arrest, the police conducted more than 260 "voluntary questioning" sessions involving almost 50 individuals associated with the company over 18 months. According to the company, some of its employees endured harsh interrogations, resulting in one of them being diagnosed with depression.

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Guilty until proven innocent: In Japan, the conviction rate — or the rate of prosecutors winning guilty verdicts in all indicted cases — exceeds 99%, an exceptionally high figure. Therefore, this case is particularly rare since it was dropped after an indictment. Only one case was dismissed in 2020 and 2021 due to a "lack of suspicion." Between 2006 and 2019, no case had ever been dropped for such reasons, government data shows.

Once arrested, suspects typically face hours of interrogations daily without the presence of lawyers. The police can also extend an initial 10-day pre-indictment detention up to 23 days and further prolong the detention by arresting individuals multiple times in the same case by filing new charges. For instance, someone arrested for robbery might first be charged with trespassing and later rearrested for robbery at the end of their initial detention period. Legal experts say that the practice is often done as part of efforts to elicit a confession from suspects.

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More on the case:




Ohkawara Kakohki Co.,Ltd.:

It will be interesting to see how this pans out: in an unusual development, the president and a former executive of Ohkawara Kakohki, a Yokohama-based spray dryer manufacturer, have filed a criminal complaint against the Tokyo Metropolitan Police Department's Public Safety Department. The complaint alleges the destruction of evidence and points to misconduct within the department, including a false arrest and falsification of evidence. Their lawyer, Tsuyoshi Takada, stated they aim to initiate an internal investigation.

Yesterday, the Tokyo High Court increased the compensation awarded to three executives from Ohkawara Kakohki Co. who were arrested following a flawed investigation into alleged illegal weapons exports. The court raised the total compensation to 166 million yen (approximately $1.2 million), up from the 160 million yen granted by the Tokyo District Court in 2023. According to the ruling, the Tokyo police and prosecutors had committed grave blunders when investigating whether a crime had occurred, raising serious doubts about the entire investigation.

Police officers involved in the case testified in support of the plaintiffs. The case centred on the export of spray dryers manufactured by the Yokohama-based firm, which the Metropolitan Police suspected could be used for military applications. It was allegedly shipped abroad without proper government authorisation. However, company president Masaaki Okawara and two senior officials maintained during questioning that the devices were not restricted under export regulations, as they lacked any disinfecting function.

It is unclear whether the Tokyo Police will appeal to the Supreme Court.

Jake Adelstein on the Ohkawara Kakohki case, in which the prosecutors decided not to appeal (acknowledging their wrongful prosecution) and on enzai (冤罪), "false charges."

The recent conclusion of the Okawara Kakohki case this month stands as a landmark example of how Japan's criminal justice system can fail catastrophically. It shows how half-baked investigations and prosecutorial pride can lead to wrongful arrests, prosecutorial misconduct, and rarely (unfortunately), significant financial and reputational consequences for the state itself.

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