crime

Ghosn case makes Japan's 'hostage justice' system more visible

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By Linda Sieg

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The system is wrong, even those involved directly know it's wrong. That's when it gets warped when personal integrity is lost to prop up a system that's wrong. Every year a new wrongly convicted person is absolved, released and are so mentally broken death is the only thing they have to look forward to. There is no justice in Japan's justice system.

19 ( +20 / -1 )

Prosecutors have defended the system. "Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor.

Sorry, Mr. Kukimoto. You don't speak for all Japanese. In fact, most Japanese are not happy with how you terrorize suspects -- not convicts, but suspects -- by keeping them hostage.

16 ( +16 / -0 )

Domestically this "spot-light" is not even an issue in the news or being carried with any importance by any major mainstream media outlet.

For any changes to occur the pressure to change must come from within as well as without. If the complaints are limited alone to coming from outside Japan, everyone knows what the outcome of that is.

14 ( +15 / -1 )

”In that sense, the Tokyo prosecutors opened a Pandora's box," he wrote. The article was part of a full-page spread headlined "What should be fixed in Japan's 'hostage justice.'"

They just miscalculated, thinking it just like normal arrest without drawing any public and international attention, drawing confession from him and win their trial. Now they learn is more than that.

Granting bail after indictment and ahead of trial is rare for suspects who, like Ghosn, maintain their innocence, with the stated reason being fears the defendant would flee, tamper with evidence or seek to sway witnesses.

Nice excuse, the reality it all about confession. The longer they held innocent people the higher chance they will confess even it’s false confession.

Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "I'm not sure it's right to criticize other systems simply because they are different."

It’s being critized not because they are different because it’s prone to abuse and lead innocent people to confess. 

Ordinary citizens - and media - often equate arrest with guilt. "Japan is a country that respects authority 

Don’t forget authority can be abusive if you give them too much power without oversight.

”I do think that this has made the whole system, that most Japanese on the street don't really know exists, much more visible and much more vulnerable to criticism," said Tokyo-based lawyer Stephen Givens.

Most Japanese even after they are being released will continue with their life without protesting the system even exist. Fear facing prejudice. 

Domestic civil rights groups and lawyers including the Japan Federation of Bar Associations have long criticized a system they say gives too much power to prosecutors and is too reliant on confessions, some later found to have been forced and false.

Yes those confession are plenty, lof of them were false like Kelly Luce’s story.

http://nymag.com/vindicated/2016/11/truth-lies-and-videotape-at-the-kawasaki-kmart.html

13 ( +14 / -1 )

"Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "I'm not sure it's right to criticize other systems simply because they are different."

Simply because they are different?????????

There is different and then there is a system that is not about justice at all!!

So, by that logic, the Chinese legal system cannot be criticized?? When they arrest Japanese businessmen in retaliation for some action by Japan, we cannot criticize??

This is an absurd statement by this public prosecutor. But not surprising, because prosecutors want to hold all the power!!

Again, for them, its not about justice, it is about their careers, which is dependent on convictions.

12 ( +12 / -0 )

It was literally "what was he wearing" (somewhat disguised as he left) on the news rather than any discussion about the growing international attention to this outdated and frightening practice.

@Schopenhauer

To a degree I don't have any issue with being tough on criminals, while its not a deterrent for crimes of passion and the mentally unwell it may be for others.....but not before they have actually be convicted of anything, and while Ghoson managed to keep quiet, doesn't it worry you that many people have been pushed into confessions of crimes they may not have committed?

In this case an accusation of a non-violent crime that in probably most other cases would have been dealt with internally in the company....

This is a great example of when people can't separate ideas.. thinking the justice system, and this part particularly needs looking at doesn't mean I dislike Japan, its quite the opposite, this area regardless of history, culture could use improvement to be fairer and better for everyone, including all Japanese citizens.

11 ( +12 / -1 )

"Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "I'm not sure it's right to criticize other systems simply because they are different."

The prosecutors were manipulated by big business to turn an internal matter into a public one. Now the entire justice system is under scutiny, and all he can say in it's defense is essentially 'Japan is unique.'

As I've always maintained I don't care if Goshn is proven to be guilty of crimes, the systematic prolonged detention of 'some' suspects has to change.

10 ( +10 / -0 )

I'm not sure it's right to criticize other systems simply because they are different.

The criticism wasn't because the Japanese system is different, it's because the Japanese system does not protect the rights of the people from unfair and unreasonable imprisonment. Any system that has nearly absolute priority of the desires of the state over the rights of the people is a flawed system.

10 ( +11 / -1 )

I don’t know if ‘hostage justice system’ is a correct term. People can be arrested and held indefinitely without any conviction and interrogated daily for hours on end without legal counsel present with a goal of forcing a confession. They are not allowed any contact with outside world and only limited visits with a lawyer. It’s a truly draconian legal system that is a slap in the face for a country that calls itself a democracy. They should be ashamed of themselves. It is not a justice system at all. It is an injustice system that denies anybody accused of a crime basic human rights.

10 ( +10 / -0 )

Domestic civil rights groups and lawyers including the Japan Federation of Bar Associations have long criticized a system they say gives too much power to prosecutors and is too reliant on confessions, some later found to have been forced and false.

In other words, there have always been plenty of Japanese voices critical of the system. Reactionaries--"we Japanese"-- calling out foreign criticism would rather ignore their countrymen who feel the same way.

> "Japan is a country that respects authority..."

Admirable to a degree if the authorities in question are worthy of respect or trust. But that should be provisional--you earn such respect and it should be an ongoing endeavor to maintain it. Blind allegiance or passivity in the face of systemic abuse is an abdication of your duties as a citizen. Let the authorities dictate what you can or can't do and watch your freedoms go out the window. Sadly, far too many authoritarian followers here are perfectly fine with that, living in carefully groomed boxes designated on high.

"Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "I'm not sure it's right to criticize other systems simply because they are different."

Different as in some curry is spicy and some is not? Some systems are fairer and more just than others. I imagine Shin-chan wouldn't feel the same way if someone told him what right does Japan have to criticize the human rights abuses in NK or China--after all they're simply different cultures and systems.

9 ( +10 / -1 )

Glad this is opening up, surprised they didn't limit the use of pen and paper as well.

8 ( +9 / -1 )

The high-profile case of ex-Nissan chairman Carlos Ghosn has shone a light in Japan on what critics call "hostage justice",

That's exactly what it is.

in which suspects can be held for months after arrest, but any reforms will likely be incremental and slow.

unless the criticism is swift, harsh and ongoing. If the western media lets this go and get swept under the rug, it will be a real shame.

High-profile cases involving forced confessions periodically attract public attention, although no outcry has been sustained.

The reason why nothing ever gets done. People are too apatheic in this country.

Ghosn's case has sparked harsh international criticism of Japan's justice system, in which 99.9 percent of people charged with crimes are convicted.

I would argue not enough criticism.

The affair was reported abroad and many Japanese know that the Japanese criminal justice system is not necessarily at a global standard," wrote former Tokyo District Court judge

There you have it. From the horse's mouth, so to speak.

Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "I'm not sure it's right to criticize other systems simply because they are different."

Stupid and lame answer, but that's exactly what I expect from a beaurocrat.

8 ( +11 / -3 )

@Meiyouwenti

The prosecution has a 99.9 percent conviction rate simply because prosecutors only indict cases where they are 100 percent sure they can get a conviction.

That's after countless innocent people that they consider as suspects need to stay in detention for two weeks and can be more depend on how many arrest warrant those people get. Those people cases lot of them wont go to trial but they already spent time in detention.

8 ( +8 / -0 )

The prosecution has a 99.9 percent conviction rate simply because prosecutors only indict cases where they are 100 percent sure they can get a conviction.

7 ( +9 / -2 )

Hoping his high profile results in changes but not hopeful.

6 ( +7 / -1 )

Prosecutors have defended the system.

"Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "I'm not sure it's right to criticize other systems simply because they are different."

This is a meaningless comment being included here for lord only knows why.

Pray tell, just what prosecutor in this country is going to complain about a system that makes their job easier. Considering that the cops do all the heavy work in getting the confessions and detaining the prisoners, the prosecutors just have to cross the "t's" and dot the "i's".

6 ( +7 / -1 )

"Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "I'm not sure it's right to criticize other systems simply because they are different."

Unacceptable.

"It's part of our culture" is never, by itself, a justification for anything. Especially for a practise that is so far behind international norms.

Certain things are just wrong and unacceptable in the 21st-century world. I don't care if they are "part of your culture"...!

6 ( +6 / -0 )

The focus on confessions within Asian legal systems, and the absence of this in modern Western systems, is largely due to the influence of religion. In Christian cultures, we've been able to hold trials and call witnesses to give oral testimony against the accused because we've had the luxury of assuming that people who swear an oath on a holy book will tell the truth. This is why Western systems have no qualms about convicting people even when they protest their innocence all the way to the gallows.

Confucian societies in Asia have never had this same luxury. Holding a Western style trial with sworn witnesses giving testimony against the accused has always been a fairly pointless exercise in Asia where people feel a stronger sense of duty to protect their superiors or family members (and aren't worried about burning in hell for telling a lie). With that in mind, Asian legal systems tend to believe that the accused's own confession is the only truly reliable evidence that can be used to condemn him. In many ways, confession based systems are the ultimate safeguard against miscarriages of justice (as long as people who refuse to confess are set free). If we look at Japan even today, the system is actually very reluctant to pursue cases where no confession has been made (this is partly why the conviction rate is 99%+). The problem has always been that it's difficult to know whether someone who refuses to confess is genuinely telling the truth or just playing the system. Since torture is outlawed, the only feasible way to test this is a long detention period, ceaseless interrogations and uncomfortable conditions.

I'm not saying the Japanese system is ideal, but it's important to reflect on how and why we've ended up here. It's difficult to reform any system or copy a foreign one unless we know the societal constraints that we're working within.

6 ( +9 / -3 )

Prosecutors have defended the system.

"Blah Blah Blah Blah Blah Blah Blah Blah," said Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "Blah Blah Blah Blah Blah Blah Blah Blah Blah Blah Blah Blah Blah Blah."

Thats literally what I got out of that reply from Kukimoto-san.

5 ( +5 / -0 )

not necessarily at a global standard," wrote former Tokyo District Court judge

Understatement of the day, but at least a brave admission of a simple fact. The start line to progress.

Hopefully this case may lead to the realization that you can’t ‘break’ a person with a system, especially a guy like Ghosn. It may be expedient to have the deck stacked in your favor, but it is not justice, simple as that. It’s not the Japanese version, it’s not a cultural difference either. It’s a farce.

Now we are at a crossroad, do you continue down this broken path of trying to break a person for a confession through “hostage justice” and pschological warfare, or do you use it as a chance to upgrade and improve? Is there a will to improve or do you let expedience, apathy and laziness win yet again? It’s fairly simple when you break it all down.

We all farce these hard decisions and crossroads on a personal level in life too. Those that play well, reap the rewards. Those that don’t, well things just keep getting worse. Whether they can mobilize to do it systematically is the next big IF... quietly optimistic though.

5 ( +5 / -0 )

Prosecutors have defended the system. "Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "I'm not sure it's right to criticize other systems simply because they are different."

"I'm not sure it's right to criticize other systems simply because they are different." - What an incredible thing to say, especially coming from a deputy public prosecutor. Would he agree that China's political and justice system should not also be criticised and improved upon? Should South Africa's apartheid system not have been criticised because it had "it's own culture and systems"? I think I'm starting to see the problem; arrogance and misuse of authority.

4 ( +4 / -0 )

Goodlucktoyou - Researched pre-trial time spent in prison in European countries (2017)

The median duration of the pre-trail detention remained the same as in 2013 and 2012 (about 4 months).

Completely irrelevant to this article. This is about the Japanese injustice system.

If Ghosn’s lawyer had not complained to the U.N. about the treatment of him, he would have been kept in prison until his trial. You cannot steal 6 months of someone’s life just because they are ‘suspected’ of committing a crime. I’m Ghosn’s case, his incarceration is a far greater crime than what he is accused of.

4 ( +4 / -0 )

Getting rid of Japan's "hostage justice" system will mean changes in law, which lawmakers will have to do.

But even if these lawmakers try to carry out reforms, their political opponents can then accuse them of "going soft on crime" during the next election campaign.

No politician, be it Japan or any other country, wants to be seen as soft on crime. Even being falsely accused of that could derail one's political career.

So, politicians will be reluctant to engage in law changes that will be necessary to address the "hostage justice" problem.

4 ( +4 / -0 )

"I'm not sure it's right to criticize other systems simply because they are different."

Your system isn't being criticized because it's different, it's being criticized because it's unjust.

4 ( +4 / -0 )

Just read a few of the comments above and noticed that others have come to the same conclusion about the prosecutor. At least criticism is still allowed.

3 ( +3 / -0 )

As I've always maintained I don't care if Goshn is proven to be guilty of crimes

I totally agree , I couldnt care less if hes found guilty, but prosecutors have to do their jobs and compile evidence, confessions shouldnt be forced under the mental stress of indefinite detention. It has and continues to gives prosecutors to much power opening them to corruption and rights abuses.

3 ( +3 / -0 )

From the article: "I'm not sure it's right to criticize other systems simply because they are different. "Shin Kukimoto, a deputy public prosecutor

Yes, the same thing can be said by the leadership of North Korea etc. If Japan wishes to receive the benefits of participating in the international community, then the country also must also consider the concerns of the international community.

2 ( +3 / -1 )

The reason why nothing ever gets done. People are too apatheic in this country.

This! Japan gets away with waaaay too much when it comes to human rights abuses. It's time that Japan either adopts democratic values if it wants to be known as a civilized nation.

2 ( +5 / -3 )

If you don't first accuse you'll lose.

2 ( +2 / -0 )

More than 60% of cases never go to trial, due to not being prosecuted, deferred or exempted, i.e. prosecutors fear losing the case (2016 data). Convictions based on 'forced' confessions, later retracted or denied has long been the mainstay of justice, even overwhelming actual evidence; while evidence has been found to have been manipulated, not disclosed to defence lawyers, or just plain ignored. And forget about compensation for miscarriages of justice, the judges are regarded as infallible.

2 ( +2 / -0 )

The only difference I see is really where his presumption of innocence is most beneficial to him (at trial). At other stages of the process, there are also similar treatment of the suspect depending on the types of crime.

For a while in Australia you can be arrested and held if you're a member of an outlaw motorcycle club and you're consorting with other members (ie have a beer with another member).

The issue in Japan is the multiple factors that contribute to the idea of "hostage justice".

-- Suspects can be detained indefinitely, with prosecutors adding new charges along the way to justify further extensions of detention. As happened with Ghosn.

-- Then there is the systematic lack of suspects being released on bail.

Many posters have noted extended detention in other countries. However, rarely does this occur for "white collar crimes" where the court has not authorized the suspect being released on bail.

But here are the two kickers that REALLY highlight the one-sided nature of the system and that Japanese prosecutors have VIGOROUSLY OPPOSED CHANGING!

-- The law PROHIBITS a suspect's lawyer being present while being interrogated by the police / prosecutors. PROHIBITS IT!!! And prosecutors fight any changes to this. I wonder why?!

-- Interrogations are NOT video recorded! There is no requirement for this! And proposals to require video recording of interrogations and make those recordings available to the defense have been VIGOROUSLY OPPOSED by prosecutors. They say it will "interfere with their relationship with the suspect". Yeah, I'll bet it will!!!

When you put it all together, the system is designed to make the trial nothing more than theater, giving the appearance of justice! Calling it a kangaroo court is not too far off the mark!

2 ( +2 / -0 )

"Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor. "I'm not sure it's right to criticize other systems simply because they are archaic, inhumane, and borderline barbaric."

There. I fixed it.

2 ( +2 / -0 )

"Each country has its own culture and systems," said Shin Kukimoto, a deputy public prosecutor, at a news conference in December. "I'm not sure it's right to criticize other systems simply because they are different."

Spoken as if Japan is not a signatory of the UN convention on Human Rights

2 ( +2 / -0 )

The hostage justice system came about in the 70s because of a political scandal. Ghosn's lawyer said that when he started practising law a suspect was soon released on bail. So the hostage justice system is relatively recent. It has nothing to do with culture and everything to do with power and corruption. 'Power corrupts and absolute power corrupts absolutely.'

1 ( +3 / -2 )

@M3

An interesting post but I fear your argument is hopelessly naive.

We (or the jury) don’t assume that people who give sworn testimony are telling the truth. The whole point of swearing in the Bible is that if you are caught lying in a court of law, you can be legally sanctioned (otherwise known as ‘perjury’).

Likewise, a defendant’s testimony can (and often is) used to convict in a common law court.

And, given that confessions can be forced, falsified, or unreliable, I don’t see how such a system safeguards the rights of the accused unless.

Confessions can be persuasive, but in the absence of corroborating evidence, a confession alone should never be evidence enough to convict, except when the defendant chooses to plead guilty.

1 ( +1 / -0 )

In Christian cultures, ... we've had the luxury of assuming that people who swear an oath on a holy book will tell the truth.

An interesting but not so fun fact is that swearing an oath on the holy bible is a deception. Do an image search on Holy Bible and you will notice that the words on the front cover are in capital letters, HOLY BIBLE, just like it is with the western names on almost everyone's drivers licence, passport, bank book, gaijin card and every other official document related to government, banks and so on.

The usage of capital letters is referred to as DOG LATIN and is used by the courts to mislead people since they falsely believe that the document they use as I.D. is themselves. But it's not, it's actually a straw man first created when the parents apply for a birth (berth) certificate for their newborn baby.

I don't know how this would apply in a case like Ghosn's but I know that in cases where no harm has been caused (ie; speeding or parking violations), the judge has not been able to touch the so-called defendant and the case is dismissed.

If you doubt this then try asking your bank to use both upper and lower case letters in your name, as in Joe Blogs.

The Latin of illiterate persons; Latin words put together on the English grammatical system."

https://thelawdictionary.org/dog-latin/

https://dictionary.thelaw.com/dog-latin/

1 ( +1 / -0 )

we've had the luxury of assuming that people who swear an oath on a holy book will tell the truth.

You can swear an oath on anything. I like it when I see someone swear on the Darwin's On the Origin of Species not a fantasy novel

1 ( +1 / -0 )

Confessions can be persuasive, but in the absence of corroborating evidence, a confession alone should never be evidence enough to convict, except when the defendant chooses to plead guilty.

Actually, I take that back. The prosecution should always be made to prove their case lest a patsy be made to take one for the team.

1 ( +1 / -0 )

@Meiyouwenti

The prosecution has a 99.9 percent conviction rate simply because prosecutors only indict cases where they are 100 percent sure they can get a conviction.

You been confession surely?

0 ( +1 / -1 )

The criticism wasn't because the Japanese system is different, it's because the Japanese system does not protect the rights of the people from unfair and unreasonable imprisonment

I'm not disagreeing with you, perhaps I am playing the devil's advocate, as I see it the starting premise is 'different', therefore, what is different reveals :-

*the system assumes suspects mostly do not cooperate (fair enough);

*it also assumes once indicted, victims' rights are paramount (western justice also feature this for some crimes, such as tax evasion); and

*that presumption of innocence is afforded to the suspect at trial.

Mr Ghosn's dilemmas lay in the fact victims of his alledged crime/s is not so aparent/visible, and the nature of the alledge crime means there are too many opportunity for Mr Ghosn to negate justice in the eyes of the system.

I think his current lawyers have done well in addressing what ever that the system has unleashed on Mr Ghosn. But IMHO, until the court is more transparent, the majority of public will continue to support the current system. In fact, I see examples of that even in western countries, such as the case of Cardinal Pell in Australia, where the media has already hung him despite an impending appeal process, and experienced lawyers commenting that they were astounded Pell was found guilty in the first place, given the evidence. At least Ghosn can move on with reputation relatively intact if innocence is proved in court.

Not so different after all...

0 ( +4 / -4 )

*the system assumes suspects mostly do not cooperate (fair enough);

The problem is that this premise is based on the idea that suspects are guilty. If you accept that suspects are only suspects, and the people have the right to be presumed innocent, then it must be accepted that denial by suspects who are innocent could be mistaken for non-cooperation by suspects who are guilty. As guilt has not been proven, assumption must be presumed, and therefore non-cooperation cannot be considered justification for imprisonment. It's like when the US tried to claim that Saddam was clearly lying when he said he had no WMDs, as they knew he had them. Turned out Iraq didn't have any WMDs, and their denials of them were not non-cooperation, they were actual real claims of innocence.

*it also assumes once indicted, victims' rights are paramount (western justice also feature this for some crimes, such as tax evasion); and

The problem with the Japanese system is that suspects are indicted without the opportunity to plead their own defense. Prosecutors are able to say their case in indictment hearings, but suspects are not able to provide any defense.

While the safety of the public needs to be considered, when the defendant is not provided any opportunity to plead their case, this is not a protection of victim's rights, it's an oppression of suspects' rights.

*that presumption of innocence is afforded to the suspect at trial.

As it should be. But trials often take years to get to.

0 ( +2 / -2 )

What would the reaction be here on this forum if Mr Ghosn took flight, kept the $US120 millions and move to a jurisdiction without an extradiction treaty with Japan/France? Say Lebanon.

I'd say he should come and face the music. I would definitely criticize him.

0 ( +2 / -2 )

I don't agree with this, of course he can plead innocence, as he has done. He can also wave his rights and go straight to trial after arrest.

As you say, waive his rights.

The rights of the suspect MUST be preserved, as one is not guilty by suspicion, and many or most suspects will actually be innocent.

For a while in Australia you can be arrested and held if you're a member of an outlaw motorcycle club and you're consorting with other members (ie have a beer with another member).

I'm assuming that in Australia, before you can be held indefinitely on suspicion, you have the opportunity to plead your current case to support your being released, whether that be absolutely due to lack of evidence, or on bail due to the existence of plausible evidence.

The Japanese system gives no opportunity for one to plead their case before they are detained indefinitely. Ghosn never got to state his case, or challenge the evidence of the prosecutors. They simply stated that they wanted him to be continued to be locked up, and the judge agreed with it.

0 ( +3 / -3 )

He hasn't lost as much weight as I thought. Good to see he was fed.

0 ( +0 / -0 )

Domestically this "spot-light" is not even an issue in the news or being carried with any importance by any major mainstream media outlet.

NHK and other Japanese news media have repeatedly mentioned foreign criticism of his extended detention. In some cases they have aired foreign news clips where the extended detention was criticized.

At least one major Japanese business magazine that I read Shukan Daiyamondo has carried repeated criticism.

0 ( +2 / -2 )

Japan need to change in many ways. Carlos case is a very good example of the bad side of Japan Inc. Carlos case have all the elements of jealousy, selfishness, back-stabbing & foul one-sided stories just for one man to advance himself in the name of business. This kind of negative ways are not fair. Whatever Carlos have done, he did not do those things alone. I am sure many Japanese knows this. Wake up shallow Nissan inc. It is judgement time.

0 ( +0 / -0 )

Researched pre-trial time spent in prison in European countries (2017)

The median duration of the pre-trail detention remained the same as in 2013 and 2012 (about 4 months).

-2 ( +2 / -4 )

While the safety of the public needs to be considered, when the defendant is not provided any opportunity to plead their case, this is not a protection of victim's rights, it's an oppression of suspects' rights.

I don't agree with this, of course he can plead innocence, as he has done. He can also wave his rights and go straight to trial after arrest.

The only difference I see is really where his presumption of innocence is most beneficial to him (at trial). At other stages of the process, there are also similar treatment of the suspect depending on the types of crime.

For a while in Australia you can be arrested and held if you're a member of an outlaw motorcycle club and you're consorting with other members (ie have a beer with another member).

-2 ( +3 / -5 )

The rights of the suspect MUST be preserved, as one is not guilty by suspicion, and many or most suspects will actually be innocent.

The Japanese court like all other courts presumes the suspect is innocent until proven guilty. That is what a trial is for to prove guilt.

The Japanese system gives no opportunity for one to plead their case before they are detained indefinitely

This is not an accurate representation either. When a suspect is formally accused of committing a crime (indictment), he can plead innocent and proceed to trial, or plead guilty and proceed to sentencing. The courts presumes his/her innocence otherwise.

The detention after arrest is not unusual in Japan or elsewhere. So is adding more charges as the case progresses. What's unfair is lack of legal representation and lack of records of interrogation. This bias towards police is the crux of the matter.

-2 ( +1 / -3 )

Just wondering...

What would the reaction be here on this forum if Mr Ghosn took flight, kept the $US120 millions and move to a jurisdiction without an extradiction treaty with Japan/France? Say Lebanon.

-4 ( +2 / -6 )

The law PROHIBITS a suspect's lawyer being present while being interrogated by the police / prosecutors.

Interrogations are NOT video recorded

Nail / Head! These are the real issues behind the 'hostage' accusation, not detention. Because detention occurs in other jurisdictions as well, and as someone else has posted average period is often longer than Ghosn's 108 days.

The above examples clearly illustrate bias towards police. But is there enough support in the wider community to change it?

Look at USA, the public overwhelmingly wants to go towards the Japanese system because of the perception criminals are treated better than victims by the system in the USA.

-6 ( +0 / -6 )

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