H U M A N R I G H T S W A T C H

Japan's 'Hostage Justice' System

Denial of Bail, Coerced Confessions, and Lack of Access to Lawyers

Human Rights Watch is an international organization with staff in more than 40 countries, Toronto, Tunis, Washington DC, and Zurich. Tokyo,



Summary ............................................................................................................................... 1



one person spends their entire life appealing their innocence; they'll find the time stolen from you will never come back. You may never recover the

This report; based on dozens of interviews with former detainees and their family members, lawyers, prosecutors, and legal experts, documents the routine denial of bail; detention of suspects to obtain confessions; questioning of detainees who wish to remain silent or have asked for a lawyer; questioning of detainees without the presence of a mistreatment is facilitated by the detention of most suspects in cells inside police stations, where there is almost constant surveillance; including during mealtimes and at the toilet; instead of holding them in specialized detention facilities.

These practices cause great personal hardship and lead to wrongful convictions. cruel, inhuman, and degrading treatment. Many of these rights are also protected under Japan's 1946 Constitution; including the right of every detainee to immediate access to They

Waseda University) , points out that suspects are offered release if truth, which in practice means: "Confess, no matter whether true or false. According to Jeffrey Kingston; director of Asian studies at Temple University, Tokyo: 'Lengthy pre-trial detention allows prosecutors to isolate and pressure detainees into signing a confession. Detainees who claim innocence are subjected to prolonged detention until implicate themselves. Bail is extremely difficult for anyone who does not confess. they

It is not uncommon that illegal and unreasonable interrogation tactics such as coercive pressure and dispensation of favors are used by investigators, resulting in suspects unintentionally confessing crimes they have not committed. Even if the suspect argues at trial that the interrogations were

Often, confessions are the result of coercion. The extended pre-trial detention, the prohibition on lawyers being present during interrogation; and the nearly automatic While the law on the books requires the prosecutors to prove the voluntariness of the under coercion.

Healthcare services in Japan's penal detention facilities are understaffed and compared to in 2003, far below the 332 doctors needed according to Justice Ministry figures. 316




This was highlighted by the high-profile case of auto tycoon, Carlos Ghosn, in 2018. He was detained for more than four months on charges of false accounting without a confirmed trial date.



Katsuzou Nakamura, a tax accountant, was arrested in 2016. He was detained for more than five months, and eventually charged with violating bankruptcy law.



He denied all the charges. The person who pressed charges, the court-appointed lawyer (for the bankruptcy case), was a person who he'd never met and never spoke with. He said many times "Why am being attacked by someone /'ve never met?"

At the time of his arrest, Nakamura had pancreatic cancer. Without access to the right diet and adequate medical care, his health deteriorated rapidly.




"Would you like to appeal?" "Of course! Do not worry about money. Please go ahead. am innocent, Nakamura said. "Don't let me down. It was that evening he passed away.



child lost consciousness when she was a month old. / panicked and tried to give her CPR and that broke her ribs. "My




If you confess you will be released_



entered the police station at 5 AM and was there until 7 PM. said would be released if | went with their scenario. They along


• · evidence" as an exception to the granting of bail, but is used routinely in cases where there is no such evidence.
• · Abolish the practice of multiple arrests splitting up charges based on the same by
• Ensure that all suspects following apprehension have prompt access to counsel on a confidential basis. ·
• Issue directions that will ensure all suspects can be represented by legal counsel during all interrogations. ·
• Revise standards for requesting contact-prohibition orders s0 that are only granted in narrowly defined circumstances in which substantial evidence exists to show the accused has credible plans to flee or conceal or destroy evidence. · they
• Ensure the right to remain silent by making police and prosecutors to clearly notify the accused of this right in all cases, and end questioning once the accused invokes the right. ·
• End opposition to bail applications by accused persons opposing their charges. ·
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Human Rights Watch researchers obtained oral informed consent from all interview and other related materials. Interviewees were informed that could stop the interview at any time or decline to answer any questions they did not feel comfortable answering. they

Japan has a three-tiered court structure. The first court is either the district court or a summary court depending on the severity of the penalty for the charged offense. Summary those with higher statutory penalties that go before a three-judge panel.

In 2009, Japan undertook a system of lay judges (saiban-in) for serious offenses s as homicide, robbery causing death or injury; arson of inhabited buildings, drug smuggling, and kidnapping for ransom. In this system, fact-finding and sentencing are conducted by a panel of three professional and six lay judges chosen from the public. May

However, the Supreme Court disagreed, ruling that, resulted from divergence from prosecutor's discretionary power, as current legal system allows prosecutors to have wide discretionary power over indictment. Considering that the Code of Criminal Procedure lists various clauses related to the use of this discretionary power (Art. 248 of the Code of Criminal Procedure) , that prosecutors are supposed to use prosecution authority as representatives of common (Art. 4 of Public Prosecutor's Office Act) , and that authority outlined in the Code of Criminal Procedure must be exercised in faith by sustaining public welfare and ensuring fundamental human rights cannot be denied that there could be cases that divergence from prosecutor's discretionary power invalidates indictment. However, it should be said that such case is limited to extreme situation, such as the institution of prosecution itself amounts to a crime" and "It is unthinkable that this case falls under the extreme situation that results in invalidation of findings and record ofthe original court.: https: jltyVAQiEtnollyw7sPacboNjAPfeKCTow1EkWXIFndu81hCRSptgY (accessed May 11, 2023)_ good good

Further, the Supreme Court previously ruled that 'even if arrest procedures involve illegalities as [the defendant lawyer] claims, that would not make the process of indictment violate the Article 31 of the Constitution and make it invalid, demonstrating that an indictment does not immediately become invalid for illegal acts of investigative authority (Supreme

https:/ alx-MqnzdRAcNnodenm8Umi4 (accessed May 11, 2023). In fact; the Supreme Court has never invalidated a public prosecutor's prosecution due to the abuse of the prosecutorial power.

Prosecutors exercise enormous control over the use of information obtained during an investigation.' Despite some reforms in recent years, prosecutors can legally withhold ke evidence from the defense after indictment and from the public at trial. Evidence disclosure amendments introduced by recent reforms are only applicable to a minority of cases in which judges decide to use a 'pre-trial arrangement proceeding" or "inter-trial

In a Supreme Prosecutor's Office survey in 2011, over one-quarter of prosecutors interviewed admitted to being instructed to write confession statements that differed what suspects said (6.5 percent responded that "it applies very well" and 20 percent responded that "it applies in some cases").23 Interrogators compile statements that are presented to the suspect to sign during interrogation. In practice; defense lawyers can criminal justice system is geared towards convicting an overwhelming majority of individuals who face trial, this creates pressure on prosecutors to secure convictions.

[

The lack of access to prosecutors' evidence reports denies the defense counsel to adequately prepare rebuttals. represented a British citizen who prosecution made a false declaration to the court that the expert certification was incomplete; even though it had in fact been completed. However, because we had no access to it, we could not rebut appropriately.28

grade to the prosecutor general and several other prosecutors and, unlike most other senior bureaucrats, their uppermost ranks are appointed through a process that involves attestation by the emperor.34 top

According to Hiroshi Segi, a former Supreme Court researcher and former Osaka High Court judge, the reality of judges in Japan is that "all judges perform their duties subordinate to the Supreme Court and its Secretariat and are bound exclusively by the unwritten rules and guidelines of the organization:' He notes that ifyou are a person who has expressed some opinion [i.e. an opinion different from what is implicitly approved by the Supreme Court] in

35 Hiroshi Segi "Zetsubo no Saibansho;

Kodansha, 2014, p.52, 114~115. (accessed May 11, 2023)-

36 Constitution of Japan, art. 76.

You folks look at the post-war judiciary; and you say the Japanese judiciary should use its authority and power to declare laws unconstitutional more often. But how can a second-class bureaucracy perform that kind of responsibility, even if given that responsibility by the Constitution? Maybe now the judiciary is in a more spirited position to state its views. There is no future for the Japanese judiciary if it doesn't do that.39

with a judge alone. In the past 15 years, have never to a judge about a case in the absence of a defense counsel. The system is more transparent now. In the past, judges served as prosecutors for a brief However, judges can still become officials of the Ministry of Justice other than those of the prosecutors' offices, such as Criminal Affairs Bureau, Cispoken

However, critics maintain there has been no fundamental change in adjudication of criminal cases since decisions cannot be made without the agreement of professional judges. The evidence disclosure amendments were also only applicable to trial by lay judge system exists to allow judges to continue generating similar results with less

The main troubling features of the Japanese criminal process were preserved including the domination ofthe process by prosecutors to the detriment of suspects and their legal counsel as well as the judiciary, commonly referred with derision as [prosecutors'

Several cases of wrongful convictions and prosecutorial misconduct after the 2004 reforms received public attention; highlighting the need for more comprehensive reform. In 2007, two cases of wrongful convictions were widely publicized. In the Himi case in Toyama he had served his three-year sentence and was released on parole in 2006, the actual perpetrator of the crime came forward and confessed. Yanagihara was exonerated

people; were prosecuted on suspicion of election act violations; such as candidates distributing distilled spirits (shochu) and cash to villagers, which incur only fines. The claims were later found to be false and invented by investigators. Yet some of those charged confessed and were released, while those who maintained their innocence had their bail requests turned down repeatedly. In one case; a suspect was detained for 395 days. The case was eventually dismissed and all suspects acquitted.s One person died during the trial and another attempted suicide.s According to media reports of other cases; police ordered one woman to shout her confession out a window and forced one man to stomp on papers with the names of his loved ones.52 The ruling acquitting the suspects

The subcommittee was asked to submit recommendations to "build a new criminal justice system for the new era."58 The subcommittee submitted its final recommendations new regulations came into force in June 2019.59 The 2016 reforms introduced five major changes to the criminal procedure code: special

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The 2016 reforms also introduced a new list of crimes in which suspects' communications murder, bodily harm, confinement of people; kidnapping of a minor, human trafficking, robbery, fraud, and violations of the law against child prostitution and child pornography é2 Wiretapping and interception of communication can only be requested if investigators believe that the crimes are committed by a group of people. may

One significant amendment was that the presence of someone from the telecommunications company that manages the communication facility where the interception takes place was no longer required.63 Widening the scope of wiretapping with judicial warrants is not necessarily problematic. But within the context of a prosecutorial system in which prosecutors already have enormous power, the door for unchecked prosecutorial misconduct has been expanded.

The detention of Ghosn led to renewed domestic and international attention to Japan "hostage justice system. Partly in response to this international criticism; then-Justi Minister Masako Mori tasked the Ministry of Justice with establishing a new Reform

a retired police officer and a retired prosecutor argued that reform of the crim law should not be discussed at all. In response, Justice Minister Mori told th 2 the nal community and the Japanese had criticized Japan's criminal prior to the case of Carlos Ghosn and that it was necessary to review public

In September 2020 Mori resigned together with the entire cabinet and Prime Minister in December 2020, but failed to reach clear conclusions on criminal procedures. The repor contained opinions both for and against the proposed reforms;, only suggesting that 'appropriate measures be taken to ensure that the entire criminal justice system; of the Code of Criminal Procedure expected to take place in 2022.72

International human rights law provides that any pre-trial restrictions on criminal suspects equality under the law z4 Pre-trial detention imposed on suspects as a means of punishment, to pressure confession; or because a defendant cannot afford bail is inconsistent with those rights.75

The International Covenant on Civil and Political Rights (ICCPR) , which Japan ratified in 1978, codifies the right to liberty: "Everyone has the right to liberty and security of or through the arbitrary enforcement of the law. To comply with the covenant; "deprivation of liberty must be authorized by law" and 'must not be manifestly unproportional, unjust or

Japan's Code of Criminal Procedure does not allow bail before a suspect is formally indicted, allowing for suspects to be detained for some time without the possibility of bail. The criminal procedure code stipulates that when bail is requested after indictment; bail must be granted except in cases in which the offense is serious, the defendant is a previous convict or a habitual offender, there is probable cause to suspect that the accused may conceal or destroy evidence; or their residence is unknown.79

fleeing or destroying evidence. However, it is almost impossible to prove that there is no even people who are sick or older arrested and indicted for extortion said, < applied for bail many times; and it was always refused on the grounds for 'fear to conceal evidence:' If evidence was to be found, why had arrested guilt yet they me?"84

There are six bail should be granted. Article 90 of the code allows for discretionary grant of bail on health reasons and social conditions. However, bail is denied in most cases claiming innocence and often on very flimsy grounds. According However, what the government does not mention is the time that it takes to

get bail after indictment. 85

one-page form for bail petition with only names and a few other details and bail was granted. Now 20-page-long bail petitions with sound legal arguments submitted by legal counsel are denied by the court, just with a template citing legal provisions without giving specific reasons.8

percent. According to court statistics, the percentage of defendants who obtained bail before the conclusion of their court proceedings was 34 percent in 2018 and 26 percent in 2015. While courts do not break down the bail data into those who confessed to a crime and those who denied guilt; it is reported by the Japan Federation of Bar Associations that only 7.4 percent of those denied guilt got pre-trial bail in 2015 despite the fact that many cases take more than a year to start the trial process.88

If you admit to the crime you're arrested for, re released on bail relatively quickly. However, if you dispute the charges or claim innocence you will be detained longer. You won't be released on bail and your detainment will last weeks. You are basically held hostage until you give

said that in the there was a strong tendency that bail was granted only to suspects who were likely to a suspended sentence, while those likely to receive actual sentences were denied bail. In his opinion; bail is now granted broadly to some likely to receive actual sentences because of the seriousness of the crime: past get

My application for bail was rejected five times. The prosecutor opposed my bail on the grounds that in the Japanese justice system more than 99 percent of suspects are found guilty once prosecuted. feel lucky in being one of the very few who was acquitted in this justice system because met a talented lawyer. But still lost more than a year of my life to the process of arrest, detention and trial when my work was going well and my life was so fulfilled. Of course, had

Yoshino said he was chased and attacked many times by a drunk individual and fought back in self-defense; knocking the assailant who hit the ground and became unconscious. Yoshino asked for an ambulance to be called. The person later died and Yoshino was charged with injury causing death. He maintained that he acted in self-defense and was acquitted by the court. Even after acquittal, he feels that people are reluctant to socialize or do business with him, resulting in isolation and economic hardship. 92

My bail application was denied more than 10 times. was finally released

and also acquitted. There were never sound reasons given for denial of bail. The police had all the evidence in their possession; how could have

interfered with the investigation.?3

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was held in custody for 248 days following my arrest. My lawyer explained in detail and convincingly why would not flee or destroy evidence in applying for bail, but the prosecutor's arguments were extremely poor. even argued that | might flee to the US citing that my daughter was living there at that time. turning them down. really can't believe it. They

Yamagishi also said that being in custody hampered his defense. Even though he hired a team of over 10 defense attorneys with different areas of expertise; as as he was locked up it was hard for him to communicate with them effectively in order to provide a solid defense in what was a complex case requiring specialist knowledge; for example about evidence related to financial affairs. Eventually he did secure bail and was able to attend defense team meetings and provide information to his lawyers in a timely manner. It was only because of that, he said, that he was able to mount an effective defense and long

However, if had not had the money to organize the dream team defense team would have gotten false conviction [enzai] because would have been locked up in detention under this hostage justice system and would not have been able to mount an effective defense. think it is not right to be money. The hostage justice that locks up those fighting against enzai, false accusation, for a long time should be stopped ,8

In the Shibushi case (discussed above) in Kagoshima prefecture in 2007, a dozen citizens, including some older people; were prosecuted on suspicion of election act violations, which only incur fines. The claims were later found to be false. Those who confessed were released sooner than those who maintained their innocence; had their bail requests turned down repeatedly. The longest detention stretched to 395 days. In the end, the case they

One of the ways that prosecutors misuse the legal system is to split an alleged case into done repeatedly, resulting in a suspect being detained for multiple 23-day periods before indictment. There are cases in which suspects continue to be detained for more than a year, sometimes for several years before judgment; in such cases, this multiple rearrest could precede post-indictment detention. The "new" charges are often not new at all but rather a bad faith effort by police and prosecutors to coerce a confession. One individual arrested for possession of marijuana told Human Rights Watch:

In another case, Yoshito Sato was first arrested and indicted in December 2020 on th charge of corpse abandonment of a woman whom he allegedly murdered after breaki intercourse and murder on January 6, 2021, for which he was indicted on January 26-

counsel during an interrogation of a suspect by a prosecutor is to be determined by the prosecutor conducting the interrogation; in an appropriate manner for each case, taking into consideration the risk of impairing the function of the interrogation; the honor and privacy of stakeholders, the confidentiality of the investigation; and others; thus making clear its view that having such presence is possible and each prosecutor has discretion

think it was around the third after my arrest asked the prosecutor if could have a lawyer in the interrogation room because was worried about did not want to fall into a word trap. However, the prosecutor said that was not possible and refused. day

Yamagishi also told Human Rights Watch that he thinks he would not have been arrested why the prosecutors decided to arrest and prosecute him was because had obtained statements from two people who had already been arrested saying falsely that he was botl aware of the crime and involved in it. But Yamagishi said that he had seen the official video recordings of the interrogations of his two accusers and showed that the prosecutors had obtained the statements implicating him by putting pressure on them: they they

The prosecutor shouted at them with a loud voice while slamming the desk, and each of them was told by the prosecutor, "The damage to the company will be more than one or two billion yen. Are you prepared to take that on?" "Ifyou don't tell us if Mr. Yamagishi was involved, the weight of your responsibility will change' and so on in a pressured manner. So, they ended up signing false statements. One of them asked the prosecutor to retract his statement the next day because he had lied, but he was ignored.

causes, and implement reforms to prevent that from happening again: But the prosecutors' office completely lacks this process. happened to me will not happen to anyone else in the future, but there is no doubt that the

Sado asserted that his arrest and detention caused him great financial hardship and emotional stress. Both his parents were unwell and in a nursing home and his requests to communicate with them or to be released on bail even for a short period to visit them were

John 0. (discussed above) was in Tokyo on a business trip in 2019 when he was arrested for possession of 0.8 grams of marijuana. Plainclothes police officers stopped him as he was leaving a bar in the Roppongi entertainment district of Tokyo. After he failed to did not tell him he had a right to remain silent but that the process 'would become easier" if he confessed.124 they

Yamagishi said the prosecutor sought to persuade him from the beginning that remaining silent was cowardly and unfair to the justice process. He said that after his arrest his that complete silence appeared cowardly and unfair, and he also felt that it was unreasonable to remain silent when he had done nothing wrong, so he did not keep complete silence. 126

Several individuals spoke about the singular focus of the prosecution to them to made during interrogation. Yet in practice courts require the accused to prove that their confession was made under coercion. According to the Japan Federation of Bar Associations: get

According to the lawyer Takashi Takano, both police officers and prosecutors fully utilize "hostage justice" as a tool to obtain confessions. tell suspects that if do not admit guilt during the investigation process, will not be allowed bail, and will also be put on 'contact prohibition" so that will not be able to see their families until the trial is over. Furthermore, many Japanese lawyers advise that "there is no to fight even if you are convicted, you will a suspended sentence" and "ifyou admit; you can get out on bail:' Takano believes that as a result of this practice, there are many hidden false They they they they point get

Police and prosecutors sometimes use intimidation, verbal abuse, threats, and sleep deprivation to compel suspects to confess or provide information, according to lawyers and victims. Extended detention periods and lack of limits on interrogation create a hostile and intimidating environment for suspects. According to one individual charged with theft and later acquitted, during interrogation the police officer said, "You are trash and have no

Ichiro H. who was accused of tearing down a protest banner made of paper, was interrogated by police officers all day long for three days. When he argued that he had 'mistakenly torn down the banner without realizing that there was a banner" and that he had no intention of tearing it down; the police officer insisted that "this was impossible

drama. had read about the experience of a person who had undergone severe interrogations by the police, s0 was prepared and was able to through my argument. But think there are people whose hearts would break under that kind of interrogation '37 push

He claimed that what he did was not unusual. He said he had heard prosecutors yelling at suspects and one of his superiors "boasting about how he kicked the shin of a suspect underneath the desk.' He attributed his behavior to the pressure of obtaining a confession from his boss. He also admitted to forcing a suspect to sign a confession under the instruction of another superior. got him to sign this statement even though he didn't say a single word of it." Reflecting on his experience and training as a prosecutor, he wrote:

told him [the police interrogator] that would remain silent; but the police interrogation did not stop. He told me things like: "Your son is suffering aftereffects because of you' "Your son's brain is empty and he will be disabled for the rest of his life. Never think that he will become an abled

closed room with two male police interrogators while my body lines were visible in my thin clothes. could not concentrate on the interrogation because it bothered me. After my lawyer made a request, was allowed to wear a bra only during interrogation. think all female suspects should be given the opportunity to wear a bra during interrogation. Japan has a culture where women do not walk outside without a bra. It was really disgusting. 140

[MJy first interrogation was with the prosecutor on the day following my arrest and lasted for five minutes. However, everyone is made to wait from me daily for next 20 days. There was a lot of pressure to confess; and the police officers banged on the table; shouted, and slammed the doors to intimidate me.144

Nao D. was charged with extortion in Nara prefecture and arrested in March 2018. He said that the psychological torture of daily interrogations and low possibility of bail led him to a where he was ready to confess, even though he maintains he was innocent. He said he was broken and would have confessed to something he didn't do; but

Daisuke Ito was arrested in 2020 for assault and charged with causing injury. However, he had to resort to violence; albeit with my bare hands, to protect myself and a friend from the person who threatened with a knife.

think the police wanted to punish us both with a summary fine. But was not convinced. Then the police told me that if | continued to plead defense, it would become a case of denial, which keeps me in custody for a self-

Tomohiro Ishikawa was arrested for bribery in January 2010 when he was a member of parliament, for violation of the Political Funds Control Act committed when he was a secretary for the then Democratic Party president Ichiro Ozawa. He was held in a small unheated cell for three weeks and interrogated for 12 hours daily. He eventually admitted

Japanese prosecutors are very persistent. write the plot out before force you to confess according to their didn't write down what had said. [Instead] would show me what had prepared beforehand, then demand sign it. Many times, told them would not sign, because it [the statement] was not what had said. 151 They they they they they

After 22 days of detention, Ishikawa signed an interrogation report admitting false recording on the political funds report. However, at his trial in June 2011 the Tokyo District Court rejected all statements of Ishikawa that the prosecutors submitted as evidence. The court ruled that Ishikawa was under heavy psychological pressure, making compromises in order not to make [Ichiro] Ozawa [his former boss] guilty" and therefore the prosecutor's prosecutor of the Tokyo District Public Prosecutors Office in 2010 while on bail, and May

statement on the report was not true. Ishikawa denied receiving the money from the construction company and fought the case in the court, but the Tokyo District Court ruled that he and others received bribes and sentenced him to two years' imprisonment;, suspended for three years in September 2011. This decision was confirmed by the Supreme Court in September 2014.

In another trial in which Ozawa was prosecuted for lying in a political funds declaration, the Tokyo District Court strongly criticized the interrogation report of Ishikawa that said he was court said that the prosecutor's investigation was illegal and unjust, and refused to use the entire interrogation report as evidence. It acquitted Ozawa, a ruling later confirmed by the Supreme Court.

Koki T. was accused of being responsible for the death of his infant child. He was arrested in 2017 and placed in pre-trial detention for more than two years until he was released on bail in 2019. Two years later, the Tokyo high court acquitted him. He described the way he was questioned:

1 entered the police station around 5 a.m. for voluntary questioning and it lasted until around 7 p.m. would not let me go home. said would be released that if | said that had shaken the baby. So, unwillingly wrote a statement that goes along with their scenario. Then released me. said had cradled my baby, but they altered it into had shaken my child. think that was a forced confession. '56 They They day they

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for the accused. The legal grounds for issuing a contact prohibition order must be specific and it has to be a substantial risk of fleeing or a substantial risk of destroying evidence. However, the contact prohibition order is granted in a large number of cases and often without giving detailed, cogent reasoning. 166 pain

Generally, they are granted in cases of organized crime, drug-related crimes; economic crimes; and crimes committed through conspiracy involving several people. For example, if someone confesses everything including the involvement of senior members ofthe organization; there will be no contact prohibition order. We request contact prohibition only when a suspect covers up for an organization or accomplice; or when a suspect tells a lie. In many cases, even ifwe request contact prohibition, the judge will deny it. In certain cases, there is limited contact prohibition only

presiding judge allowed. In the Tokyo detention center, was kept in the "bird cage," [solitary confinement] from April 2016 to July 2017.It was so cold that it felt like sleeping in a field. had frostbite. Solitary confinement was incredibly depressing. spoke only twice during the to callout my number. It felt like was losing my voice. The contact prohibition order was remained in solitary confinement. 168 day

Yusuke Doi, who was charged with stealing 10,000 yen ($90) from a convenience store in June 2012, had his request for bail was denied nine times. Ultimately; he was detained fo 300 days with a contact prohibition order in force for nine months. And he was acquitted After his arrest, his mother found a time-stamped photo on his smartphone showing him with a friend in his room 15 minutes before the incident. However, authorities still did no lose their suspicion of him. After the indictment; the mother reviewed in detail the disclosed security camera footage; which revealed that Doi's fingerprints found on the automatic door of the convenience store were from his previous visit to the store before the incident, finally proving his innocence.

Prosecutors and government officials contend that contact prohibition orders are primarily was not involved in a serious crime or was part of an organized crime network; and authorities were not making those allegations either. He said that prolonged detention and the feeling of isolation led him to contemplate suicide. He believed that judges imposed such orders as a punishment. 169

order was just read out without any emotion: The prohibition order remained for 22 until indictment, and after that it was partially lifted days

was fired from my job. / voluntarily surrendered my accountancy license for now. My son was in middle school and my wife had no employment. elderly mother had to move from her village to provide support. The newspapers reported my personal, identifying details; and it comes up when googling my name This worried me the most.'71 My

After was arrested, couldn't have visitors and couldn't send any letters (except to my lawyers) . didn't know what was going on around me_and suddenly received divorce papers from my wife. It was the first time really felt defeated, and

which included having to close her restaurant even though she was never indicted. She had been a spiritual counselor" for 15 years prior to her arrest, and said having an arrest on her record, even without an indictment, has cost her most of her students and 80 percent of her income. She attributed her mother's poor physical and mental health to the trauma of her arrest.'76

The 72-hour period is contrary to international standards. Article 9(3) of the International Covenant on Civil and Political Rights (ICCPR) , to which Japan is a party, provides that person arrested or detained on a criminal charge should be brought "promptly" before a judge or other authority authorized by law to exercise judicial power.a8 The UN Human Rights Committee; the independent expert body that interprets the ICCPR, states in its 48 hours is ordinarily sufficient to transport the individual and to prepare for the judicial hearing' and any

Detention Facilities and Treatment of Inmates and Detainees, the substitute detention system (daiyo kangoku), under which suspects can be detained investigations, without the possibility of bail and with limited access to a lawyer especially during the first 72 hours of arrest; increases the risk of prolonged interrogations and abusive interrogation methods with the aim of obtaining a confession. '84

Japanese law does not empower the judge who has imposed pre-indictment detention to previous convict or a habitual offender, there is probable cause to suspect that the accused may conceal or destroy evidence, or residence is unknown186

This is inconsistent with Article 9(3) of the ICCPR, which states that 'It should not be the be subject to guarantees to appear for trial."187 Pre-trial detention must be based on an individualized determination that it is reasonable and necessary, and for such purposes a to prevent flight, interference with evidence; or the recurrence of crime 188

and to consult and communicate, without delay or censorship and in full confidentiality, with his legal counsel may not be suspended or restricted save in exceptional circumstances when it is considered indispensable by a judicial or other authority in being questioned certainly does not in most cases threaten Japan's security or public order.

fraud, said that the process of arresting and detaining Ghosn was fundamentally unfair as it prevented him from regaining his liberty and from enjoying other fair trial rights, including to freely communicate with legal counsel.2 The working group added that suspects capacity to defend himself 212

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Everyone has the right to be tried "without undue delay."27 The UN Human Rights Committee; in a general comment, stated that the right of accused to be tried without undue delay "is not only designed to avoid keeping persons too long in a state of but if ensure that such deprivation of liberty does not last longer than necessary in the circumstances of the specific case. The committee said that what is reasonable needs to be assessed in the circumstances of each case, taking into account "the complexity of the case, the conduct of the accused, and the manner in which the matter was dealt with by the administrative and judicial authorities ' they

• · all persons to due process of law and to a fair trial, including access to counsel and bail, are fully respected.
• · Sign and ratify the Optional Protocol to the UN International Covenant on Civil and Political Rights and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment so that Japanese law ensures access to an individual complaint mechanism under international law.
• Ensure that prosecutors refrain from appealing against court decision for bail. ·
• End the misuse of article 89(4) of the Code of Criminal Procedure, which allows the existence of "probable cause to suspect that the accused may conceal or destroy evidence" as an exception to the granting of bail, but is used routinely in cases where there is no such evidence. ·
• Abolish the practice of multiple arrests by splitting up charges based on the ·
• Ensure that all suspects following apprehension have prompt access to counsel on a confidential basis. ·
• Ensure suspects have access to counsel throughout their detention, including during interrogations. ·
• Issue directions that will ensure all suspects can be represented by legal counsel during all interrogations. ·
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• Implement safeguards such as electronic recordings of all interrogations for all ·
• detained person while being interrogated shall be subject to violence, threats or methods of interrogation" that impairs their capacity of decision or judgment. Adopt measures to end coercive interrogations; including the right to have counsel present during all interrogations and the setting of strict time limits for the duration and methods of interrogations. Consistent with the UN Body of Principles for the ·
• detention, and prosecution in line with the concluding observations on the fifth periodic report of Japan to the UN Human Rights Council in 2018, which recommended abolishing the substitute detention system (daiyo kangoku) , referring to concerns that the system increases the risk of prolonged and abusive interrogations aimed at obtaining confessions: ·
• Establish a system of regular monitoring and review of detainees' physical and Justice, throughout detention and release such medical records to detainees and their legal counsel, and allow access to personal doctors. ·
• Introduce necessary draft laws in the Diet to implement the recommendations in this report. ·
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• Hold periodic trainings for judges on the rights of the accused anc provisions under international human rights law. ·
• Evaluate judges for promotion solely on their professional compe considering how they ruled in cases involving the government. ·
• Instruct judges to exercise judicial oversight over the conduct of ·
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• End opposition to bail applications by accused persons opposing their charges. ·
• Ensure that opposition to bail applications is only made in line with international standards on the presumption of innocence and liberty of the individual. ·
• confidential basis, including during all interrogations. ·
• Allow legal counsel to be present during all interrogations. ·
• Only seek applications for contact-prohibition orders; limited by extent and duration; in narrowly defined circumstances in which such an order is allowed under international standards . ·
Fifth Avenue, 345 Floor New York, NY 10118-3299 Tel: 212-290-4700 Fax: 212-736-1300; 917-591-3452 350

Elaine Pearson Eecutive Director Kanae Dol, Japan Director Meenakshi Ganguly South Asia Director Sophie Richardson, Chino Director Phil Robertson; Deputy Director Patricia Gossman; Associate Director Saroop Ijaz, Senior Counsel Carlos H Conde Senior Pesearcher Andreas Harsono Senior Pesearcher Pescarcher Maya Wang. Senior Researcher Yaqiu Senior Researcher Lina Yoon, Senior Sophie McNeill Researcher Riyo Yoshioka, Senior Program Officer Teppei Kasai, Program Officer Nicole Tooby, Program Officer Racqueal Legerwood, Senior Coordinator Audrey Associate Wang'

Orville Schell, Vice-Chair Maureen Aung-Thvin Robert Jerome Cohen Jonn Despres Mallika Dutt Kek Galabru Merle Goldman Jonathan Hecht Sharon Hom Rounaq Jahan Ayesha Jalal Perry Link Andrew Nathan Xiao Qiang Bruce Rabb Balakushnan Rajagopal Ahmed Rashid Victoria Riskin James Scott Mark Sidel Francesc Vendrell Tuong Vu Yung Tung

RIG HTs

Minister Ken Saito Ministry of Justice 1-1-1



Dear Minister Saito,

We are writing on behalf of Human Rights Watch, a nongovernmental human rights organization that documents human rights violations and advocates for change in more than 100 countries around the world. We have had an office in Tokyo since 2009 and have worked for many years on human rights issues in Japan, including the rights of children and LGBT people.

We have recently undertaken research focusing on due process and fair trial concerns in Japan's criminal justice system for a report we plan to publish in mid-2023. In order to ensure that all views are reflected in our reporting; we would appreciate your response to our findings .

Human Rights Watch conducted research on Japan's criminal justice system between January 2020 and February 2023 in eight of Japan's 47 prefecturesTochigi. We interviewed individuals who were facing or have faced criminal journalists, prosecutors, and family members of those who have faced criminal interrogation and prosecution.

Our research is not an exhaustive survey of all human rights violations that criminal defendants in Japan face, but it indicates important trends and identifies issues as voiced by defendants, lawyers, and academics. The personal accounts that Human Rights Watch obtained were corroborated key

to reflecting in our report any written responses provided by ministry by March 21,2023. We are particularly interested in learning about the latest steps taken by the ministry to address the key concerns raised below. the

Findings Key

Human Rights Watch's research on Japan's criminal justice system has focused on the denial of bail to criminal suspects as a way to obtain confessions of crimes.

Under Japan's Code of Criminal Procedure, suspects are ineligible to apply for bail before bail after indictment, especially for those who do not confess. Many former detainees and defense lawyers told Human Rights Watch that the denial of bail is used to pressure detainees to confess and as a form of punishment. We have documented the repeated arrests of detainees in order to prolong pre-indictment detention. deny

The Code of Criminal Procedure allows suspects to be detained up to 23 before indictment. Our research found that the 23-day detention limit often is no real limitation, as investigators and prosecutors repeatedly make new arrests on new charges to induce confessions and detain suspects repeatedly for additional periods. Police and prosecutors detention period restarts. The authorities interpret the code to subject detainees to interrogation throughout this period. days

The International Covenant on Civil and Political Rights, to which Japan is a party, states that anyone arrested or detained on a criminal charge be "promptly" charged before a court. The United Nations Human Rights Committee; the body that provides authoritative interpretations of the Covenant, has said that 48 hours is ordinarily sufficient time to someone before a judge and that any longer delay "must remain absolutely exceptional and be justified under the circumstances investigators' requests for arrest and detention. bring

The Japanese Constitution states that "no person shall be compelled to testify against himself: The Code of Criminal Procedure also provides that a 'confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence incriminating evidence " However, several interviewees told Human Rights Watch that lawyers present during interrogation, and an almost automatic conviction rate for cases that go to trial provide an enabling environment for involuntary confessions. Exercise of the right to remain silent does not stop the questioning, as investigators continue pressuring suspects to answer questions and confess to their alleged crimes. Our research found that it is not uncommon for suspects to be yelled at and verbally abused . being

Particularly egregious is the prohibition on lawyers present during the questioning of suspects. We have found that police question detainees who have said wish to remain silent or have asked for a lawyer, and question detainees without the presence of a lawyer. being they

Even when detainees are indicted and finally allowed to request bail, those who have not confessed or who have remained silent often have a harder time persuading a judge to approve their bail request; as judges view such defendants as risks to "destroy evidence.

This mistreatment is facilitated by the detention of most suspects in cells inside police stations, where there is almost constant surveillance; including during mealtimes and at the toilet, rather than in proper detention facilities .

'prohibition of communication order, under which detainees can meet and communicate only with their lawyers, but are not allowed to meet, call, or even write letters to anyone else, including their family members. Prosecutors are granted wide and often unchecked power in Japan's criminal justice system. Many individuals told Human Rights Watch that this ban on communications was a cause of significant anxiety while in detention .

These practices cause great personal hardship and can lead to wrongful convictions. free from cruel, inhuman; and degrading treatment. Many of these rights are also protected under Japan's Constitution, including the right of every detainee to have immediate access to legal counsel and the right against self-incrimination. Attempts at reforming Japan's criminal justice system in the past two decades have failed to address these fundamental problems. They

To ensure that our reporting is fair and accurate, Human Rights Watch respectfully requests your response to our findings and any other information you could provide. Please send your be reflected in our reporting. Please feel free to contact us should you have any questions or require further information.

Sincerely;

Elaine Pearson Asia Executive Director



AMSTERDAM BEIRUT DERLIN DRUSSES CHICAGO GOMA KIEV KINSHASA LONDON LOS ANGELES PARIS SEOUL SYDNEY WASHINGTON

(Japanese original)

Received on March 2, 2023

国際 NGO ヒュ-マン·ライツ·ウォッチ様

平素よりお世話になっております。

先般、御送付いただいた調査結果に関する報告書につきましては、参考として拝受いた しました。

もっとも、御依頼いただいた件につきましては、法務省において貴団体の調査に携わっ ておらず、大変申し訳ございませんが、事実関係を含め、調査結果に関する見解を責任 をもって回答することは困難であり、対応いたしかねます。 御理解いただけますよう、よろしくお願いいたします。

法務省刑事局広報担当

(English translation)

"We have received your report on the results of your research for our information. Regarding your request however, the Ministry of Justice is not involved in your organization's research, and we are very sorry that we cannot respond to it as it is difficult to responsibly provide our opinions on your research results, including the facts. We appreciate your understanding.

Public Relations, Criminal Affairs Bureau, Ministry of Justice"

Japan's 'Hostage Justice' System

Denial of Bail, Coerced Confessions, and Lack of Access to Lawyers

Japan's criminal justice system systematically denies due process to thousands of people by subjecting suspects to questioning without a lawyer, repeated detentions to obtain confessions, and denial of bail. These practices-often called 'hostage justice' lead to widespread abuse, coerced confessions, and wrongful convictions.

Japan's 'Hostage Justice' System documents the abusive treatment of criminal detainees, including stripping them of their right to remain silent, and coercing them to confess through repeated arrests to prolong pre-indictment detention. This mistreatment is facilitated by the detention of most suspects in cells inside police stations, where there is almost constant surveillance, including during mealtimes and at the toilet, instead of holding them in specialized detention facilities. The report documents how Japanese courts routinely issue 'prohibition of communication' orders, under which detainees can meet and communicate only with their lawyers and are not allowed to meet with anyone else, including their family members.

Human Rights Watch research found that judges routinely allow investigators' requests for arrest and prolonged detention. Investigators often use detention for separate, minor crimes, or splitting up charges based on the same set of facts, as an excuse to rearrest and detain suspects repeatedly for extended periods. Detainees are not allowed to request bail while in pre-indictment detention. Even when the detainee is indicted, those who have not confessed or who have remained silent have a harder time getting bail, resulting in even longer detention.

Human Rights Watch calls on the Japanese government to urgently reform its criminal justice system to ensure that the rights of all persons to due process of law and to a fair trial, including access to counsel and bail, are fully respected in line with international standards.