crime

What will happen to Ghosn when his 22-day detention ends on Monday?

28 Comments
By Malcolm Foster

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28 Comments
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Nissan hasn't yet renegotiated the Renault alliance to their liking yet, so Ghosn will still remain in jail. Simple as that. I wouldn't be surprised to see a quick resolution to Ghosn's legal status after Nissan and Japan Inc. get what they want.

7 ( +8 / -1 )

I hope he gets out and starts legal action. This entire process has egg all over it.

11 ( +14 / -3 )

Ah, the Japanese injustice system. You are guilty until proven innocent. They’ll find some other charges to hold him for a further 22 days and then contend he is a flight risk to hold him until his trial - if it ever goes to trial.

10 ( +12 / -2 )

"Whistleblower"? Gohsn still hasn't been charged. I certainly hope that the identity of this "whistleblower" is publicized.

-1 ( +3 / -4 )

He'll face a trumped up charge so that the prosecutors can rearrest him and detain him through the holidays. They are waiting for him to break because they don't have a case they can win at trial. They have lots of experience extorting confessions, and very little presenting compelling evidence in open court - where there is at least some presumption of innocence.

7 ( +8 / -1 )

Prosecutors are reluctant to grant bail to those who insist on their innocence, 

Bail in Japan is granted by a judge. The defendant can make unlimited application for bail if it is refused. The question is, will the judges actually behave like judges or just rubber stamp the prosecutors demands to refuse bail?

6 ( +6 / -0 )

Lawyers can visit clients in detention but cannot be present during interrogation sessions, which can last eight hours a day, for several days.

If you're being questioned, how about just refusing to answer? Or just answer every question by saying, "I'm not answering any questions."

Does the right to remain silent exist in Japan?

1 ( +2 / -1 )

Hakman

Only when you're dead!

1 ( +2 / -1 )

Does the right to remain silent exist in Japan?

Yes it does. hi

Perhaps it is worth noting that the prosecutor is only a bureaucrat, so I would think that a lawyer should legally be present during any questioning.

1 ( +1 / -0 )

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

It's not being criticized because it's "different." It's being criticized because it denies suspects a proper opportunity to defend themselves against what could be false allegations.

5 ( +6 / -1 )

Is Goshn going to end up as another Immigration center detention statistic ? If he dies during detention, this could end up being quite interesting for Japan.

-2 ( +1 / -3 )

If you're being questioned, how about just refusing to answer? Or just answer every question by saying, "I'm not answering any questions."

That's a lot easier to say, than to do. Hours and hours and hours of questioning by guys whose job it is to break you - even if it's into saying a false confession.

2 ( +3 / -1 )

Nissan hasn't yet renegotiated the Renault alliance to their liking yet, so Ghosn will still remain in jail. Simple as that. I wouldn't be surprised to see a quick resolution to Ghosn's legal status after Nissan and Japan Inc. get what they want.

Yes, this is starting to look more and more like the classic Japanese scam. The prosecutor must be getting desparate by now, if he /she wants the scam to look legal. I somehow do not think that the old chestnut "this is Japan" will wash very well with this.

3 ( +5 / -2 )

I have big difficulty to believe the whistleblower story.

Even in individualist countries, whistleblowing is a very difficult act requiring big braveness. In a country of group & corporate culture like Japan this is beyond what I can imagine.

1 ( +3 / -2 )

It is unbelievable so many in the west supporting Ghosn while cheering for the arrest of the Huawei CFO. Democracies in name only?

-5 ( +1 / -6 )

How much do you want to bet that the police will re-arrest him and it will be all back to square one again. It seems they haven't got that forced confession out of him yet.

Disgraceful legal system in Japan, but as the apologists would say, ' it's their culture, this is japan' ...

1 ( +3 / -2 )

He'll face a trumped up charge so that the prosecutors can rearrest him and detain him through the holidays. They are waiting for him to break because they don't have a case they can win at trial. They have lots of experience extorting confessions, and very little presenting compelling evidence in open court - where there is at least some presumption of innocence.

Absolutely... there is not a 99% conviction rate in japan because the police are so good at their job, in fact they are incompetent lazy idiots... it's all down to forced confessions..

1 ( +3 / -2 )

Release, that is final answer.

2 ( +2 / -0 )

@Pocket Ace

It is unbelievable so many in the west supporting Ghosn while cheering for the arrest of the Huawei CFO.

Within a couple of days of Weng's arrest, her lawyer made public comments defending his client and slamming the case against her, reported by the media. As for Ghosn, it's been 3 weeks and where's his legal defense? He hasn't been allowed any legal representation during his interrogation. The entire case is reported to us by the Japanese authorities.

We in "the west" respect a fair legal system that allows people to defend themselves. The Japanese people and their apologist buddies do not.

1 ( +2 / -1 )

Release, that is final answer.

I thought you wanted him locked up?

0 ( +0 / -0 )

@JeffLee

All countries in the world has their own “fair” legal system. Just because the system isn’t one you particularly agree on or different from the one you are familiar with does not mean the country in question doesn’t “respect” the legal system. The west has lost its moral high ground since 1972—their chauvinistic ways allow them to make the rules and break them at will; all in the name of “fair” legal system. Guantanamo bay.

-3 ( +0 / -3 )

All countries in the world has their own “fair” legal system. Just because the system isn’t one you particularly agree on or different from the one you are familiar with does not mean the country in question doesn’t “respect” the legal system.

You're right. But under examination, Japan's legal system has major flaws. It lacks a series of checks and balances to ensure that investigators and prosecutors don't get caught in the trap of looking for someone to be guilty, rather than looking for the guilty party, even if they find no one. This can be objectively shown through a disproportionate number of suspects who are later found to be innocent, and looking at how they ended up in that position.

The west has lost its moral high ground since 1972—their chauvinistic ways allow them to make the rules and break them at will; all in the name of “fair” legal system. Guantanamo bay.

I'm of the West, not American, and disagree with their use of Guantanamo Bay. How would that somehow discredit my opinion on the legal system in Japan, a country I've spent 2 decades in, am heavily integrated into right down to the family level?

0 ( +1 / -1 )

Does the right to remain silent exist in Japan?

No one can force you to talk if that is what you are asking. There was a rather famous case where a foreign guy was held for murdering a Japanese woman, the cops arrested him on the charge of abandoning a body, as he tossed it in a river, tried their hardest to get him to confess to the murder, he kept his mouth shut.

He was convicted of abandoning a body, cops had no evidence to convict him of the murder.

If you know the system here, you know you didnt do anything wrong, keep your mouth shut and learn to deal with the detention and you could walk out!

0 ( +0 / -0 )

Quite simply,prolonged incarceration is a form of torture.

North Korea also has a similar practice!

Japan’s reputation is on the line here....

0 ( +1 / -1 )

The west has lost its moral high ground... 

No it hasn't. Global migration is now at a historical high and it's a one-way route. Nearly all the people from Asia, Africa, South America in search of freedom and fairness have one cultural destination in mind -- the West.

-1 ( +0 / -1 )

If you're being questioned, how about just refusing to answer? Or just answer every question by saying, "I'm not answering any questions."

Does the right to remain silent exist in Japan?

Here in Japan, most interrogators will see your silence as guilt and quickly move to believing you did whatever they got you for.

Also, as a foreigner, you have no rights.

0 ( +1 / -1 )

Aye, as mentioned with the murder case they rely on the confession here for most cases and without it they won't go forward unless it's a 100% slam dunk. The best thing to do is just remain silent, it'll be 22 days of pure hell as they try to intimidate you into confession, but if you can make it through then the chances of getting off are much higher. Best to suffer a month than potentially several years! In this case though Ghosn obviously hasn't given them anything yet and if they let him go it'll be a huge embarrassment so they'll try to find something else to hold him with in hopes he'll eventually give up and confess.

0 ( +0 / -0 )

 "how about just refusing to answer?" 

Hiromasa Ezoe wrote that he was forced to the ground, had his cavities probed with a glass rod and had the same questions shouted over and over again about an inch from his ears during his long period of being detained but not formally charged. It's all designed to psychologically defeat the suspect. Silence is easier said than done.

Ezoe wrote a book about the injustice of it all. Sorry, Nihon apologists, it's not a Japan versus West issue.

1 ( +1 / -0 )

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