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Ah_so
Once again, the world looks at Japan and sees things thatit would associate with developing countries and autocratic regimes, not a G7 liberal democracy.
sensei258
It's more basic than that, he's an executive and he hasn't been handed his suspended sentence yet.
Yubaru
The "punishment" so far has not fit the crime, Japan, as witnessed by far too many other issues, is not going to make changes based upon pressure from abroad.
Schopenhauer
Japan is known as one of the most safest countries in the world. That is one of the reasons foreigners visit and want to live in Japan. The crimes are punished strictly and fairly here. For precise investigations, it takes time.
thelonius
"Japan is known as one of the most safest countries in the world. That is one of the reasons foreigners visit and want to live in Japan. The crimes are punished strictly and fairly here. For precise investigations, it takes time."
I never experienced a home invasion until I came to Japan. And, I'm 100% sure the police arrested and forced a confession out of the wrong man. I don't want to get into details here, but trust me on that.
Another thing, Japan is a "safe" country because crime is measured by police statistics. It's pretty hard to get accurate stats on crime when you're sitting in the koban all the time.
ACrowe
Want to know what Carlos Ghosn’s daily life in jail is like, read this:
1 Cuckoo!
https://www.aonghas-crowe.com/too-close-to-the-sun/2018/1/21/1-cuckoo
Aly Rustom
Japan's justice system under scrutiny over Ghosn's continued detention
Finally!
North korea can argue the same thing then.
They should be allowed to shower every day.
this is the real face of the Japanese justice system.
exactly.
That's what many are saying now. And while no one has come out to say it, the issue of racism is starting to be hinted at.
I do trust you.
another excellent point.
Yubaru
Fairly? That is highly debatable, considering that these "precise investigations" you refer to are actually opportunities for the police to get confessions.
Crime is punished here by one's willingness to apologize or not!
Safety is a relative term, Japan has more than it's own fair share of crime, one just doesnt read or hear about it daily!
presto345
The way prisoners are treated in this country stands in stark contrast with the picture Japan is trying to paint by hosting olympic games and another world exposition. Prisoners whatever the crime are humans and have the right to be treated as such. Denying sanitary amenities, exercise and at least a minimum of comfort resembles middle age conditions and in this age I consider that state condoned behavior that borders on the criminal. This case in question (Ghosn) is a good opportunity for the developed world to have a close look at what is going on here and it raises the question "Is Japan one of those?"
Schopenhauer
I do not want it happens in Japan that rich people by hiring smart lawyers released and proved innocent. I know cases happening in foreign lands.
sakurasuki
Those 23 days with possible extension include 12 hours non stop interrogation from different people, well is not interrogation is forced confession more likely.
Nice argument at first glance but what really happened prosecutors can suppressed evidences that can give advantage to suspects. Even sometimes prosecutor tampered the evidence like Tsunehiko Maeda, fortunately he get caught for this.
Once someone get arrested in Japan all parties just will jump to guilty verdict, without care about actual court decision.
Tokyo-Engr
The really sad thing is that many Japanese defend this to the end of time however this system of "justice" also impacts Japanese as well.
The reliance on trying to get a confession out of someone shows the investigators are either lazy or not competent. If he is guilty of something or suspected as being guilty then file charges and go to trial.
Why are the police here afraid of interrogating someone with an attorney present?
Why is it right to detain someone without even filing charges? (This is like the Matrix)
Why is there not an investigation of the Nissan Board of Directors who were at least negligent and at worst conspired with Ghosn (If he did in fact commit any crime)?Regardless of what the defenders of this system here think the reality is that most foreign businessmen in Japan and most overseas see this as a system that is not in line with the norms of a developed nation.
bullfighter
Kagoike Yasunori and his wife spent ten months in detention before they were bailed. The foreign press expressed no sympathy for them although their detention was reported in English.
https://www.japantimes.co.jp/news/2018/05/25/national/former-moritomo-gakuen-chief-kagoike-wife-freed-bail-osaka/
They may be scam artists and rightists, but that does not mean their detention was a good thing. The general assumption is that they were detained to prevent them saying or doing anything else that would further show Abe in a bad light.
"Horiemon" was detained for more than three months and had to post a 300 million yen bond. He later spent 21 months in prison. His crimes were on a par with those alleged for Ghosn.
"Horiemon" wrote a book (available in English) about the "tough love" he experienced. It has been ignored.
In other words, the foreign press has no interest in the system in general. It's cool as long as only Japanese are on the receiving end. Let a prominent white guy get treated like a Japanese, and suddenly it's a human rights issue.
sakurasuki
Without warrant they can not enter your premise unless you give them permission. Other thing it can happen is because someone filled report on you.
Tokyo-Engr
@bullfighter - there are many of us who believe that this is a human rights issue for Japanese and non Japanese (see my previous posts on this item).
In this specific case it seems it is not only about just Ghosn and thus all of the attention.
There are many other foreigners who have experienced the same treatment who were not given press either.
You can look at this on the bright side - perhaps now that Ghosn is going through this and the system is being exposed maybe there will be more of a push to change this (not holding my breath though)
sakurasuki
thepersoniamnow
Japan
Harsh compared to Western countries
Soft compared to the other 65% of the earth.
But as a human being, I want fairness, decent treatment (for non violent / evil offenders) and a course for justice thats 50/50.
We are a long ways away from that, but look at most of Asia, Africa, South America, and East Europe.
These are not places that go soft on those arrested.
Aly Rustom
No argument from me there.
You are the only one saying that. When people point out the flaws in the system they are called japan-bashers.
What's happening to him IS a human rights issue REGARDLESS of his race.
Aly Rustom
I'll second that.
exactly
Of course
That is the bright side. But look to apologists to label this barbaric system as "japan bashing" LOL.
Balakrishnan Gurumurti
indeed harsh treatment. without Nisan men collusion this could not take place. if Nissan is so good, why it was in bankruptcy and sought Reanault to save , why it paid such huge salary it only shows it ios also in collusion, arrest others responsible that would reveal secrets.
Tokyo-Engr
@Sakurasuki
Yes it has been going on for decades. Here is an article from the Penn State International Law Review from 1989. It is a very good paper, well written and sourced and also stresses the fact that Japanese also criticize this system and see the potential for an abuse of power.
https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1094&context=psilr
As a Permanent Resident here who has paid taxes for decades and intends to stay here I stand with the Japanese criticizing this system as well.
Again; In the Ghosn case if he is suspected of a crime then charge him, go to trial, and if he is guilty dole out the necessary punishment.
papigiulio
They better have some good goddamn proof to support the justification of holding him for a month. ANd I hope all interrogations are recorded as needed by law so they can't force a fake confession.
semperfi
Ghosn is a prima donna.
Schopenhauer
Japan's justice system under scrutiny? Nonsense. If Ghosn is not a foreigner, there would not have been such a row by foreigners here. If Ghosn did not do any shady thing, he was not arrested and investigated. It is taking time because it was skillfully schemed.
jcapan
Of course, the West concerns itself more with the treatment of Westerners. Is that a surprise? As does Japan w/Japanese, Argentina w/Argentines et al. Some of us, however, are concerned about everyone's human rights regardless of their passport. Even repellent figures like the Kagoikes. As much as I loathe everything they and their government backers stand for, their treatment was shameful and any "justice" administered is suspect given the conditions during their lengthy detention.
I have no sympathy for Ghosn. He sounds like a greedy 1% bilking the system for all its worth, in large part on the backs of his overworked/undercompensated employees. But that doesn't mean he, anymore than far less empowered Japanese suspects, should be subjected to such conditions.
Or well, you can divide up peoples and loyalties, say things like "look the west is concerned about one of their own" and conclude out of pique that the status quo is just dandy.
The Avenger
In Japan, once someone is arrested by prosecutors, most of the time it means the end of his carrier. Prosecutors control media by leaking various information to them to form a public image of a criminal. In addition, if he denies, usually he could be detained more than a year until the court judgement of the first instance. Since the conviction rate is more than 99 % in Japan, admitting a crime and seeking a bailout and suspended jail term is a better way as a defense strategy.
Aly Rustom
JC- EXCELLENT post!
M3M3M3
The Japanese system is harsh, but we also shouldn't overplay it. It's true that most other countries don't detain suspects without formal charge for as long as Japan does, but it's also true that most other countries are also far more willing to proceed with charges than Japan (ie. think of the infamous quote about US grand juries indicting ham sandwiches). If you want a truly accurate comparison with Japan and the rest of the world, you really have to include pre-trial detention in other countries and not just detention before charge.
The major difference between the Japanese system and others is that Japanese prosecutors hate to be wrong and rarely proceed with borderline cases. If they get too many acquittals it's viewed as poor job performance. This is why they're very cautious about formally charging suspects and prefer to hold them for as long as possible in hopes of getting a confession. The 99% conviction rate is partly achieved by confessions, but also by letting many guilty offenders walk free because something about the case wasn't absolutely air-tight. For this reason I think Carlos will eventually walk free without ever being charged. If you just deny everything consistently, odds are that the Japanese prosecutor in your case will decide that you're not worth the risk to his promotion.
Kabukilover
Countless poor foreigners have died in detention. It has taken a rich and powerful foreigner to call attention to this deplorable aspect of Japanese “justice.”
Do the hustle
The Japanese justice system? That should be, the Japanese injustice system! Locking somebody up until they confess has resulted in hundreds of forced confession and false incarcerations.
In this case, the is no reason for Ghosn to remain in the lock up. They only need to withhold his passport. Add that there is no heating in the cell and he is only allowed to shower a couple of times a week and is not allowed visitors or contact with the outside world and you have a huge human rights issue. Furthermore, I am sure he is getting ‘special treatment’ due to his ethnicity.
Schopenhauer
Remember! Informants included foreign executives. Ghosn is not innocent.
daito_hak
This is utterly wrong on every way. Have the executives of Olympus and Toshiba ever been jailed? Answer the question.
Have the executives of Takata which wrongdoings involved the death of dozens of people ever been jailed? Answer the question.
Have the executives involved in the Nissan and Subaru data falsification ever been jailed? Have the executives involved in the Tepco, Toyo Tires, Suzuki, Mitsubishi, Kimura Construction, Asahi Kasei, Green Cross Corporation, Kobe Steel Ltd, Mazda, Yamaha motors, Toray Hybrid Cord Inc, Hitachi Chemical Co, KYB Corp scandals for data falsification and fabrication putting at risk the safety of people ever been jailed? Answer the question.
What about the executives of Chisso Corporation responsible of the Minamata disease? Answer the question.
What are you talking about? Do you have any element showing that he is guilty? No you don't, so please refrain of accusing people. Cases where people are arrested in Japan for no reason are far from being rare.
Yeah yeah safe with Yakuzas doing shady business with the blessing of the same justice system that you are defending.
Do you have any figure to share in order to prove that people visit or come to live in Japan more than other industrialized countries. The last time I checked Japan was far, far behind France in terms of visitors coming to the country. And the last data show that Japan is not attractive to skilled foreign workers, see here: https://www.japantimes.co.jp/news/2018/11/22/business/japan-less-attractive-28-countries-skilled-foreign-workers-survey-shows/#.XAR3py3pOL8
Japan has a justice system that sicks convictions more than real justice so what you are saying is totally baseless. Plus the system is nasty at its core. High profile prosecutorial arrests generate significant press and are often accompanied by a leak-based media strategy. The press was waiting for Ghosn’s jets together with the prosecutors. Right after his arrest, Japanese tabloid magazines had stories out full of salacious details from anonymous sources about his extravagant, supposedly Nissan-funded lifestyle. Such details were irrelevant to the grounds for his arrest, but the goal is to paint the suspect as a “bad person.” Narrative control is a recurring theme of the process.
daito_hak
Again refrain from deciding who is innocent or not, you are not a judge.
Tokyo-Engr
@Schopenhauer - Ghosn has not even been charged with anything yet? How can one claim he is not innocent when he has not been charged with a crime?
I do not know if he is innocent or guilty but the method that is being used to carry out "justice" is wrong.
bullfighter
Using this logic, there are quite a number of economically powerful nations that are somehow undeveloped including Russia, China, and Korea.
sakurasuki
@schopenhauer
If Ghosn weren’t CEO it wouldn’t make it in the news.
How about Olympus, Toshiba, TEPCO execs, how many of them went to same path as Ghosn? Are they not guilty?
Fouxdefa
It is cruel and unusual, the detention sounds like prison which it shouldn't be.
If that's true, it's so wrong, and a breeding ground for injustice if it's all about someone's "image" and "job performance", especially as those sinister rumors I sometimes hear suggest, the detention and interrogation isn't just prosecutors twiddling their thumbs and waiting for a confession, but involves techniques to mentally break the detainee.
Kenji Fujimori
This is exactly what I've been stating all along, it's a rigged system. Framing the innocent and their imagination of destroying the merger Carlos was implementing in his final days to merge in one large company.
Tokyo-Engr
@Bullfighter
I stand by my statement.
The South Korean system is similar to Japan with minor differences. The suspect is allowed to have a lawyer present during interrogation and South Korean citizens are often not detained in this way (on the other hand foreigners are due to the flight risk issue).
Regarding Russian and China; Are you serious? Do you really want to be compared to Russian and China when it comes to human rights and the criminal justice system?!?!?!
ZvonkoJonathan
Most important thing to note here is that those that benefited greatly of this guys work and dedications are now paying him back with mistreatment and removal of his rights to personal health and dignity. His income was not a secret and government could easily know if what he declared was truth or not. Why did they wait for the time they think he delivered all they needed and now is the time to get rid of him.
Disillusioned
Locking somebody up until they crack in a cold cell is inhumane and criminal, especially before formal charges have been laid. It truly is the Japanese 'injustice' system.
RealJapan
How can you have a prosecutor question a detainee for hours without a defense lawyer being present? It’s like having a professional baseball player playing against little league players. Is it not? Second, how can courts and judges accept forced confessions? It’s like what happen in the United States during the Jim Crow Era or Apartheid in South Africa. Ghosn and Kelly should be the Ghandi and Mandela of Japan. Surprisingly, foreign embassies have allowed this to happen. Perhaps that is why the rumor mill refers to the American Embassy as the American Toshoukan (American Library) in detention. The American Embassy (like the French) does nothing but supply books once a month to detainees. Doubt if the French or American government will save Ghosn and Kelly in Japan. I wonder why Trump has not said anything about Kelly.
Cricky
No lawyer present, no recording, no video (that's optional for the prosecution) it's cold or stinking hot depends on the season. A rug to sleep on, unless you are lucky enough to have someone deliver a mattress. And no charge because you haven't been charged. Bet the justice system is flabbergasted they are now under both international and domestic spotlights. Forget changing the constitution work on the justice system first. Indefensible as is anyone caught in its machinations.
kohakuebisu
Yeah, charge him or let him go.
If they don't have enough evidence to charge him, he shouldn't have been arrested at that point in the investigation. The police are not there to help stage coups at big companies.
Kenji Fujimori
Meanwhile the rat Saikawa insisting behind Carlos old desk getting the same salary
wnagler1
Ghosen is not a criminal who sought to injure anyone. He is a very respected executive, who may have let his ego get far out of reasonable bounds, The value he added to Renault and Nissan (and VW back in the day where he developed his prowess in global supply chain) far exceeds a few flights on a corporate jet, etc.
Japan, this is absolutely unjust. You don't hold a man like this for 23 days arbitrarily because some salarymen in Nissan found a way to push out a foreigner that clearly threatens their way of life, which is to protect their jobs by running the business for themselves, and their job security, not for the shareholders.
Free Ghosen, give him his day in court if necessary. Most of his compensation indiscrtions could be solved internally by Nissan and Renault, and maybe he is retired without his back end pension and golden parachutes?
Japan should adopt the US' Writ of Habeas Corpus, and should not be able to hold anyone for more than 72 hours without having filed charges.
gelendestrasse
Trump? Nissan and Mitsubishi are Japanese companies, Renault is French. Ghosn isn't a US citizen. Japan has pretty much said they're going after Ghosn. Up to France to demand access for their lawyers. Hopefully Marcon will kick some Abe butt.
RealJapan
Kelly is American.
kurisupisu
More than a few Japanese lawyers I have asked are of the opinion that Ghosn will be convicted.
Without evidence and without a trial,it seems the verdict is a fait accompli.
Where is the rule of law in Japan?
Ex_Res
The problem in Japan seems to be, that prosecutors have become judges, and judges have become just rubber stampers.
The tail wags the dog.
At the end of the day, Japan's constitution stats that innocence must be assumed until proven guilty. This seems have got turned on it's head in Japan.
Isn't isolation considered a form of psychological torture?
spaghettiplease
When you detain a Western CEO, it is a tragedy
When you detain 1,000 Japanese, it is a statistic.
spaghettiplease
and as if you cared or knew about Japanese victims of the system until Ghosn, a Westerner, was added to the list.
Kenji Fujimori
As with any prosecutor/cop/good cop/bad cop routine will do is to force something by psychological torture and pressure. In anything law related in any country, best to not say anything until a lawyer is present.
Cricky
Why this shot term memory? many posters here were just as outraged with the Osaka couple being locked up for ten months, no charges, when a Finance ministry official preferred suicide than face Japanese justice. By the way he was under orders from management to doctor the books. They got no penalty. This is not a new topic among both foreign and well informed local people. CEOs have never been incarcerated before. The conditions endured considering their constitutional presumption of innocence are on par with countries already mentioned none of them admirable. Where is the Zen? That's why the outrage it's always been there but admittedly this is a great conduit as its international. Wait for his next book, that's going to be very embarrassing for the beauracracts.
Tokyo-Engr
@spaghettiplease - Most of us posting here care about the injustice however this is the first time I remember this type of case being on this website. Please refer to several of my prior posts where I consistently state this injustice impacts Japanese as well. It actually impacts more Japanese than foreigners.
In my opinion Japanese should be outraged and should have been long ago.
Slickdrifter
A Lebanese friend of Ghosn said the incident must be a conspiracy to oust Renault and protect Nissan.
This is a wise friend.
Mark my words. This is going to come back and be stain on Japan. Just goes to show you how much pull the big Japanese companies have in Japan. The tactic is to keep you isolated and cut-off depriving you of sleep until you are ready to confess just to get the hell out of the clinker. I honestly do not think Ghosen did anything wrong or underhanded that any other International CEO has done in the past or going on in the present. I once had a tackle box with filet knife in it that I kept in my Jeep at the time. I got stopped by JPD randomly while fishing. They found the knife and it violated a swords act law on the books. 2 CM over. They kept me for two days as my wife was out of town at the time and could not help me. My Japanese was limited at the time as well. To leave I had to confess I was aware of the swords act (through an English-speaking officer) and that I knowingly broke the law. But I honestly had no idea. I am glad I did not confess because I had no clue about the law at the time. I used the knife to cut squid and shrimp and cut bait. I can only imagine what this must be like for him. This is going to come back on Japan. The Japanese justice system is archaic and very unfair.
Kenji Fujimori
*A Lebanese friend of Ghosn said the incident must be a conspiracy to oust Renault and protect Nissan.
Ghosn was initially dispatched by Renault in 1999 as part of a capital tie-up to save Nissan from bankruptcy. He was the crucial linchpin of the complex tripartite partnership, which also involves the French government that is the top shareholder in Renault with a stake of about 15 percent.
"An investigation is immensely important. Something stinks," stated Lebanese Information Minister Melhem Riachi.
A Lebanese foreign ministry official lamented that the country's ambassador in Japan had to bring Ghosn a mattress because he was sleeping on a carpet.
The Lebanese government has called on Japan to come up with a transparent and fair solution, and ensure adequate time for Ghosn to meet with family members and lawyers.
Err this is weird, regardless of his native parents, he was born in France or Brazil, so just leave it at that, why are they focussing on race yet again... to deflect and scapegoat. I personally know many Christian, Jewish Lebanese friends abroad who are wealthy, that does not add to the fact the whole judicial system here is corrupt and racist towards foreigners.
Rather than focussing on race, is this really a democracy here? even we as Japanese question the notion of what is true freedom.
As a general note we cant just think outside the box, 出る釘は打たれる (cause the nail that gets hit down is a Japanese saying)
Kenji Fujimori
https://en.wikipedia.org/wiki/Carlos_Ghosn
Wiki clearly states he was born in Brazil, so wherever you are born is where you are from..
thepersoniamnow
I don’t think this will stain Japan much as we all know money trumps all.
Andrew Crisp
In my first week in Japan I saw two women punching on outside a host bar in Tokyo, and three guys punching on in a back alley in Osaka - guessing neither were reported to police.
Brian Wheway
I have mixed feeling about this guy being held in these conditions, but what people are forgetting that he's been accused of underreporting his salary, to the tune of $44 million, and why would you under report such a large amount? is it so that you dont have to pay local tax? if this is the case is this not a case of tax fraud? and its been reported that he used companies money to decorate his own houses that have got nothing to do with the company, so this is misappropriations of company money. these are serious accusations and need to be treated seriously. when some one has got a lot of money it is very easy for them to get out of the country very quickly, so locking him up is a good way of stopping him from fleeing.
wtfjapan
If he were free he could walk in the Nissan HQ in Yokohama and start bossing people around,
how would he do that, hes been fired by Nissan & Mitsubishi, a trial by media , he hasnt even been convicted of anything yet, all accused, just show you the hypocrisy of J corp and the justice system in Japan
wtfjapan
so locking him up is a good way of stopping him from fleeing.
and if hes not found guilty of anything, what then are they going to compensate him for wrongful prolonged detainment
wtfjapan
Wiki clearly states he was born in Brazil, so wherever you are born is where you are from..
maybe only for Japan, but many countries have dual nationality , parents of different nationalities , their children are able to gain citizenship of their home countires, I dont expect to Japanese to understand becuase you know, this is Japan
vinarius@pm.catv.ne.jp
Japanese legal system must improve, at this moment, not only Carlos case is on now. I saw on Japanese television talking abt foreign people, who working in Japan & disappeared. Bad Japanese companies companies paid these people very low salaries and expect these workers to help their country and speak Japanese as well ???.Why the Japanese legal system is not used to prosecute these kind of head or organization ???. Pls do not be mistaken , there are Japanese people, who just become president bossing the previous torishimariyaku & president. There is one case, I personally saw that the new president even try to iijme the old president when no witness is around. Why no moral law to deal with such bad Japanese ???or legal system ???.In such cases, all good Japanese will have to worry abt , How the world look at their country. Do any Japanese want no morals Japanese running their companies or Japan Inc from now???. A legal system must show the world, it is based on facts & not just hear say.
sakurasuki
His story made it to the news both domestic and international because he is one of central figure in Japan’s corporate world.
Detaining suspect for 23 days without lawyer, this practice already exist in Japan for decades, story about detention in Japan sometimes made it to the news but since there was no famous International figure before Ghosn case, it just doesn’t get good news coverage.
Will Goode
As we keep saying its not a tax issue, he hasn't even been paid the money, the buildings are not his, he along with others might stay there, there is no issue from pay from Renault or Mitsubishi, neither has there been using the same system for eight years, so it is very very odd that he should be treated in such a bad way on the word of an annonomous whistleblower
Ex_Res
Detaining suspect for 23 days without lawyer, this practice already exist in Japan for decades .....
Minus the waterboarding and Parrilla indefinitely detention seemed to go on during WW2.
10 days (interestingly enough) seems to be the length of time between interrogation s, giving the prisoner "time to reflect".
Ref. Bridge House by Peter Claque (1983)
AgentX
So, where is the Japanese outrage against this system of injustice?
Jimi
There is none, it's called stockholm syndrome... the Japanese could be a victim of this North Korean style justice but they don't seem to be able to connect the dots here.