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Ghosn's Japan lawyer: Questioning averaged 7 hours a day

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By YURI KAGEYAMA

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Takashi Takano said on his blog post Saturday the questioning continued through weekends, Thanksgiving and Christmas.

It should be made very clear that, this was not questioning or interrogation. It was intimidation and torture in order to force a confession from a defendant they had (have) very little evidence against. It's actually quite pathetic that prosecutors are so bad that they have to stoop so low.

66 ( +76 / -10 )

So in 70 days they 'questioned' Ghosn for 490 hours. That's ridiculous, plain and simple.

50 ( +60 / -10 )

Japan's judicial system has come under fire over Ghosn's case. Critics have for years said the prolonged detentions tend to coerce false confessions

"Since the Universal Declaration of Human Rights was adopted here, in Paris, in 1948, the presumption of innocence, respect of dignity and rights of defense have been essential components of what constitute a fair trial."

Iwao Hakamada was born March 10, 1936, in Shizuoka City, Japan.

Hakamada was interrogated and, in August 1966, he was arrested based on his confession and a tiny amount of blood and gasoline found on a pair of pajamas he owned. According to his lawyers, Hakamada was interrogated a total of 264 hours, for as many as 16 hours a session, over 23 days to obtain the confession.

They added that he was denied water or toilet breaks during the interrogation.

At his trial, Hakamada retracted the confession, saying police had kicked and clubbed him to obtain it, and pleaded not guilty.[4]

"I could do nothing but crouch down on the floor trying to keep from defecating," he later told his sister. "One of the interrogators put my thumb onto an ink pad, drew it to a written confession record and ordered me, 'Write your name here!' [while] shouting at me, kicking me and wrenching my arm.

https://en.wikipedia.org/wiki/Iwao_Hakamada

37 ( +47 / -10 )

7 hours a day for 70 days?

That's insane!

Without a lawyer present?

Where is that fair and balanced justice system I keep hearing about? Ghosn could have used some of that.

40 ( +51 / -11 )

What a disgrace. The Japanese authorities ought to be ashamed of themselves now that they've been brutally exposed and humiliated before the whole world. I hope this leads to needed reforms.

36 ( +46 / -10 )

Mori said the system follows appropriate procedures under Japanese law, stressing that every culture is different.

This is Japan's excuse anytime any of their backwards laws/nuances get called out.

36 ( +46 / -10 )

After this fiasco, I have very little faith in Japan's justice system.

37 ( +47 / -10 )

his client was questioned an average of seven hours a day without a lawyer present.

In...hu...mane!

Japanese authorities still have a very weak grasp on humanity, in general. Truth.

21 ( +31 / -10 )

So....

Interrogating (aka intimidating, bullying, threatening) Ghosn 7 hours a day, on average, for 70 days. Including weekends.

Some days as much as 11 hours.

Without a lawyer present.

But, hey, there is nothing wrong here. Nothing to see. This is totally OK.

Does the MOJ think the rest of the world are idiots??

There are only TWO reasons for needing to "interrogate" Ghosn for this many hours:-

-- 1) To pressure / bully him into confessing.

-- 2) To make up for the prosecutors utter lack of evidence and, therefore, see #1.

What a sham!! What a horrific system designed to give victories to the prosecutors, NOT to find the truth and achieve justice!!

35 ( +45 / -10 )

There's no doubt that Japan's prosecution system must be corrected by all means. The accused are allegedly grilled 24/7 without the presence of lawyers and are often coerced to make false confessions in spite of themselves. No wonder there are so many cases of false charges against innocents. That must really be corrected.

Would Ghosn return to Japan if all this were addressed even though he must face charges against him for his illegal exit abroad?

23 ( +26 / -3 )

.....stressing that every culture is different.

That begs the question of what kind of "culture" Japan has. It would have to be one of relentless bullying, gross infairness, lack of empathy and where individuals who try to defend themselves against authority pay a very high price.

Japan will always have trouble attracting immigrants who want to settle here permanently.

28 ( +35 / -7 )

The prosecutors tried very hard to get that 'confession', didn't they?

13 ( +22 / -9 )

Obviously, it is time for the Japanese system to start to change...

11 ( +19 / -8 )

“Thanksgiving and Christmas.”

Wonder why Takano threw those in his

Thanksgiving is of course completely irrelevant as it will mean nothing to Ghosn. But I understand he is a Christian and it is a major religious festival. Given that time was not of the essence, a country should respect the religion of suspects.

14 ( +20 / -6 )

Mori said the system follows appropriate procedures under Japanese law, stressing that every culture is different.

Wait. So The Rising Wasabi was actually right when they were joking about "torture being part of our culture"?

https://www.therisingwasabi.com/japan-says-forced-confessions-in-solitary-confinement-part-of-our-culture/?fbclid=IwAR1uvXSx4zP1sT_ofz1Di73WnpYmJ2GCHebrFSqmSarErbZAudq3lgyJqDU

16 ( +23 / -7 )

Good for Ghosn who managed to escape because of this money and connections. Feel sorry for all the others who don't have such means. No wonder Japan has a 99% conviction rate. People are basically exhausted and will admit to anything (and one assumes they were actually treating Ghosn better than others due to his name). 7 hours a day for Ghosn probably means 14 hours a day for 'regular' people. Scary stuff.

16 ( +22 / -6 )

In a news conference in Beirut lasting more than two hours, Ghosn reasserted his innocence, and accused Nissan and Japanese government officials of plotting his removal.

TThey're akin to the Australian devil, once they clamp on you they never let go till their evil mission is done. Right or wrong - regardless.

3 ( +10 / -7 )

7 hours a day with a lawyer would run up a hefty bill that few could afford, but we know that Japanese police don't do interrogations out of consideration of their hostages' pocketbook. A truly democratic society would at the very least require a functioning surveillance system to safeguard the rights of the interrogatees and keep the cops on the right side of the law.

9 ( +18 / -9 )

Please learn about Japanese legal system if you live in Japan.

According to Bloomberg,

"Suspects in Japan routinely endure lengthy pre-trial detentions and repeated grillings by prosecutors without a lawyer present. Periodically rearresting a suspect on suspicion of new charges allows prosecutors to keep the suspect in custody while attempting to build a case or secure a confession. Bail is the exception more than the rule, and judges are less likely to grant bail to those who fight the charges. Legal experts say this is all a strategy to secure a confession. Tight budgets and a culture of wanting to save face mean that prosecutors usually pursue only those cases they are sure to win. In 2015, a trial was requested in just 7.8% of cases overseen by the public prosecutor’s office. That helps explain why more than 99% of cases that go to trial end with a conviction; in England and Wales, for comparison’s sake, the conviction rate is 87%."

This explains why conviction rates after indictment are 99 percent.

6 ( +17 / -11 )

Don’t forget that everything has to be done in Japanese to English or French/Portuguese and then back to Japanese.

10 ( +14 / -4 )

Hate to rain on everyone's parade, but any changes to Japan's judicial system, no matter how needed or not, isn't going to be caused by a bail jumper hiding in another country. And he sure isn't ranting about it to cause a change for the better, he's doing it to save his own neck. Japan's judicial system and Ghosn's guilt or innocence of the charges agaisnt him are two completly different issues which he has succeeded in mixing for his own defense. This may work as far as public opinion goes, but not in the legal world. No other country or court has any jurisdiction over the charges against him. While Japan has a heavy handed conviction rate, it also has an aburdly weak incarceration. It's far from impossible that Ghosn may have bee found innocent, or found gulity but given a very weak sentence, even suspended.

8 ( +17 / -9 )

I TOTALLY believe Ghosn !!! 

" Suspects must be indicted or freed within 23 days, but Ghosn was simply rearrested on slightly different charges to prolong his detention for more 100 days. He was then released on bail, only to be rearrested when he threatened to hold a news conference inside Japan."

He had improved the company and was taking it to even greater heights but the Japanese 'family-controlled' business models wanted their cut, which was probably quite substantial.

Ghosn even abided by the legal system after his arrest and look how he was being shafted and kept from speaking out.

No wonder the Japan economy is so fraught with vulnerability.

It is controlled by families of *****.

4 ( +16 / -12 )

Educator60 Today  07:27 am JST

“Thanksgiving and Christmas.”

Wonder why Takano threw those in his statement. Neither are holidays in Japan.

But Christmas would be a holiday for him and his wife.

For Christians in Japan, Christmas is very much a holiday. It does not matter that the Japanese government doesn't designate it a holiday.

And Thanksgiving would possibly be a holiday for Mrs. Ghosn; she has American citizenship so it's quite possible she celebrates it.

-6 ( +6 / -12 )

BigYen Today  10:23 am JST

Japan's judicial system and Ghosn's guilt or innocence of the charges agaisnt him are two completly different issues

No they're not. His guilt or innocence was going to be determined within that judicial system.

If there are flaws in the judicial system, then obviously the determining of a person's guilt or innocence within that system is going to be very much connected to it.

Your comment is sort of like saying, "The dirty air in your city, and your ability to breathe in a normal manner, are two completely different issues."

In fact, the latter has a great deal of bearing on the former -- both in your statement, and in my analogy.

-1 ( +11 / -12 )

The 99% conviction rate gets a lot of coverage..... Readers may find it interesting to find out the rates for other countries... Google is your friend.

Japan is not alone with its 99%.

Good old virtuous Canada, minus Quebec also has a 99% conviction rate!

7 ( +13 / -6 )

BigYen Today  10:23 am JST

Far too many posters here have been using the Ghosn case solely as an opportunity to whack the Japanese legal system

Does that surprise you? It does not surprise me. When a judicial system is "whacked," it's usually done by pointing to particular cases as examples. Cases such as Ghosn's.

And it's even more natural to turn to specific cases as examples of judicial system flaws when the defendant is such a high-profile person like Ghosn. So, why would using his case be surprising?

while assuming solely based on that criterion that Ghosn must therefore be innocent

Nobody's assuming anything -- well, at least I am not assuming anything.

Is it possible that Ghosn is guilty of something? Of course it is.

But whether he is or not, his case still serves as an example of how Japan's judicial systems needs some pretty major shoring up if it's to be brought up to modern international standards of human rights. Standards that are included in international accords to which Japan is a signatory.

-2 ( +11 / -13 )

After hearing this I am glad he escaped. They interrogate the person for endless days until the person breaks. They cant rely on their own ability to prosecute. Japan has one for the worst justice systems I have heard of. Its better than Nazi Germanys peoples court though. There they had a 80% rate of executing the person. 99% conviction rate is totally against the Law of Averages. Its like a communist country in the old days where the person would win 98.3% of the vote.

0 ( +12 / -12 )

He advised all foreigners to leave

I don’t see too much focus yet on this statement. Think about what he has just said.

It looks like most people who read English news articles in Japan are sympathetic with Ghosn - baffles me why. The guy was screwing the system for years to amass and keep his fortune. But you don’t want to hear the truth..

-10 ( +13 / -23 )

@MrHeisei If you know the "truth", please enlighten the masses. We'll wait. What did NHK tell ya???

5 ( +14 / -9 )

MrHeisei - It looks like most people who read English news articles in Japan are sympathetic with Ghosn - baffles me why. The guy was screwing the system for years to amass and keep his fortune. But you don’t want to hear the truth..

Well, that's an interesting statement without any actual evidence to support it. Even the Japanese prosecutors admit their evidence is very weak, hence the constant interrogations and threats to force a confession. I guess you also missed the part where all the misappropriations of funds he has been accused of were cleared and signed off by the Nissan board of directors. I can only assume the above statement is based on hearsay and Japanese government sanctioned media jargon.

2 ( +12 / -10 )

Disillusioned: "I can only assume the above statement is based on hearsay and Japanese government sanctioned media jargon."

You already know.

-6 ( +4 / -10 )

Mori said the system follows appropriate procedures under Japanese law, stressing that every culture is different

Whatever culture it is, law it's supposed to be based on facts and argument, by trying coerced confession in law practice needed facts is not there anymore.

“Thanksgiving and Christmas.”

Wonder why Takano threw those in his

Those day can be really important day for some people but prosecutors just don't care to give Ghosn a little break at all.  At least in immigration detention they can fulfill for each detainee dietary constraint where they can give respect for foreigners in detention. While during Ghosn detention it's prosecutors methods to break him.

-1 ( +6 / -7 )

How is it possible to critique the justice system without pointing to cases and the process or lack there of in the system?

Ghosn’s case indeed sheds light on the dark rooms of interrogation that beget forced confessions from the innocent. Whether the system is reformed or not depends on Japan, but reforms on detention, interrogation without counsel, and prosecution authority will refer to Carlos Ghosn’s case.

Whether Ghosn is guilty or not is a separate case in itself but the verdict reached depends on the proper functioning of the system; therefore it cannot be untied to the system whose flaws are exposed to the world. Ghosn may deflect, distract, and defect but his case will surely be mention in Japanese Studies in the future.

15 ( +15 / -0 )

It looks like most people who read English news articles in Japan are sympathetic with Ghosn - baffles me why. The guy was screwing the system for years to amass and keep his fortune. But you don’t want to hear the truth..

Learn to read I & almost everyone posting is saying PUT him on TRIAL & then PROSECUTE...….if you can!!!

What myself & so many others have a REAL issue with is the brutality of the system, the FORCED CONFESSIONS!!

-4 ( +6 / -10 )

Far too much sympathy for a guy who may well be a white-collar criminal, as charged.

may well be doesnt mean guilty, Ghosn is innocent until proven guilty,

2015 stats shows that only 7.8% of cases made it to court

99%of those cases got a conviction so the actual conviction rate is about 7.7% not 99% as the prosecutors like to point out. The prosecutors are so determined to save face and get a conviction theyre prepared to torture people and manipulate statistics to support their cause. Its not just Ghosn pointing this out its also other Japanese lawyers as well.

1 ( +9 / -8 )

Takano  was not even his lawyer when he was in jail. Yawn.

4 ( +10 / -6 )

wtfjapan: "The prosecutors are so determined to save face and get a conviction theyre prepared to torture people and manipulate statistics to support their cause. Its not just Ghosn pointing this out its also other Japanese lawyers as well."

Indeed.

https://www.hrw.org/news/2019/04/10/call-eliminate-japans-hostage-justice-system-japanese-legal-professionals

-2 ( +7 / -9 )

Hey, c'mon, that's only 48 hrs a week, or 2 out of 7 days. He got off light compared to other suspects...

im guessing your being sarcastic, given that he has to sleep for 7hrs a day its fair to say that almost half of Ghosn waking time in detention was being interrogated. Maybe the people on here that dont think its inhumane should try it yourselves will see you in a couple months to see if your still mentally stable

-2 ( +7 / -9 )

Four minus votes for simply pointing out a fact? That the high conviction rate in Japan isn’t as unique as I for one thought. Most countries are in the 90+% range.

The long questioning and detention may be different but the conviction rates are not.

Carlos seems to have a cult going here.

0 ( +9 / -9 )

99% conviction rate is totally against the Law of Averages. Its like a communist country in the old days where the person would win 98.3% of the vote.

this is the part that annoys me they expect people to actually believe this rubbish, its an insult to a sane person intelligence, yet they continually spew statements like Japanese prosecutors are the best in the world, gaijin couldn't possibly have the intelligence to be better than us as we're the best LMFAO

-3 ( +7 / -10 )

Takano was not even his lawyer when he was in jail. Yawn

plenty of other lawyers and scholars have also made statements supporting the elimination of hostage justice.

https://www.hrw.org/news/2019/04/10/call-eliminate-japans-hostage-justice-system-japanese-legal-professionals

so its seems your post is a . Yawn

1 ( +11 / -10 )

 That the high conviction rate in Japan isn’t as unique as I for one thought.

2015 stats 7.8% of cases make it to court, 99% of those cases got a conviction, I dont know about your math but my math shows on 7.7% of cases of all cases got a conviction, its great when you can manipulate the statistics to suit your agenda hey

-4 ( +6 / -10 )

A lawyer for former Nissan Chairman Carlos Ghosn, who fled to Lebanon while awaiting trial in Japan, said his client was questioned an average of seven hours a day without a lawyer present.

Takashi Takano said on his blog post Saturday the questioning continued through weekends, Thanksgiving and Christmas.

Prosecutors now has their own version they say only 4 hours not 8 hours only backed from their own statement. That version also picked up by Japanese media.

https://headlines.yahoo.co.jp/hl?a=20200109-00000145-kyodonews-soci

Ghosn already mentioned during interview after his escape, that his lengthy interrogation can be checked from security camera in interogation. Some details about schedule of Ghosn's interrogation can be found in Takano's blog 

http://blog.livedoor.jp/plltakano/

-8 ( +3 / -11 )

JenniSchiebelToday  10:37 am JST

BigYen Today  10:23 am JST

Japan's judicial system and Ghosn's guilt or innocence of the charges agaisnt him are two completly different issu

No they're not. His guilt or innocence was going to be determined within that judicial system.

That does not automatically mean that Ghosn is "innocent" of the charges. The complaints that Ghosn has raised about the Japanese judicial system do not pertain specifically to the charges against him. In fact, in this regard, all he has ever said is "I'm innocent" with giving any specific details. How he was treated, how he was questioned, wether he had access to the internet or not, whether he could enjoy Christmas or Thanksgiving all have nothing to do with the charges against him. Your response is a perfect example of mixing the two issues.

Look at it the other way around, Suppose Ghosn was charged in a country where you believed the system was biased towards finding everyone "not guilty". Would that automatically make Ghosn "guilty"? Of course not. But that is exactly what you are doing.

9 ( +12 / -3 )

MrHeisei Today  10:45 am JST

It looks like most people who read English news articles in Japan are sympathetic with Ghosn - baffles me why. The guy was screwing the system for years to amass and keep his fortune. But you don’t want to hear the truth..

Seems Mr. Heisei isn't a big fan of that "innocent until proven guilty" thing.

The good news is that Mr. Heisei, presumably, isn't part of the Japanese judicial system.

The bad news is that some people who share his mindset do seem to be a part of it.

I'm neither sympathetic nor unsympathetic to Ghosn, Mr. Heisei.

But I am sympathetic to the idea that people should get a fair trial -- and Japan's way of doing things, judicially speaking, doesn't seem to make way for that.

0 ( +9 / -9 )

I find it interesting that Nissan hired a surveillance team to monitor his coming and goings.

After living in Japan for around 20 years and being able to read the news paper in both English and Japanese there is definitely a discrepancy in the reporting. There is also a different understanding of the Social contact and what role the government should play in protecting the innocent. The belief is, rightly or wrongly, that innocent people shouldn't put themselves in the position to be off interest to the police. It's abhorrent to us as Westerners but it is what many Japanese lawyers have been fighting to change for the last 40 or so years.

2 ( +5 / -3 )

That does not automatically mean that Ghosn is "innocent" of the charges. The complaints that Ghosn has raised about the Japanese judicial system do not pertain specifically to the charges against him

He asked for fair trial beside that he just couldn't understand after 14 months they still don't have anything and keep trying to change trial date.

They should have case before they decide to arrest him.

3 ( +7 / -4 )

Prosecutors now has their own version they say only 4 hours not 8 hours only backed from their own statement. That version also picked up by Japanese media.

https://headlines.yahoo.co.jp/hl?a=20200109-00000145-kyodonews-soci

Ghosn already mentioned during interview after his escape, that his lengthy interrogation can be checked from security camera in interogation. Some details about schedule of Ghosn's interrogation can be found in Takano's blog 

http://blog.livedoor.jp/plltakano/

As Takano mentions in his blog, that average 7 hours include break time which can be 3 hours a day on average that would match net with what prosecutors claim.

2 ( +6 / -4 )

As Takano mentions in his blog, that average 7 hours include break time which can be 3 hours a day on average that would match net with what prosecutors claim.

Besides, as someone else already pointed out, they all needed language translation in between every single Q & A.

3 ( +6 / -3 )

StevieJToday  07:33 am JST

Mori said the system follows appropriate procedures under Japanese law, stressing that every culture is different.

This is Japan's excuse anytime any of their backwards laws/nuances get called out.

So true! I wish I could have given you, like, 1000 thumbs up.
5 ( +9 / -4 )

The latest is Hollywood is interested. Going to be tricky unless he elaborates on his escape. Getting Japanese actors to agree also...

0 ( +2 / -2 )

Mori said the system follows appropriate procedures under Japanese law, stressing that every culture is different.

Yes, every culture is different. Unfortunately it seems like a large part of Japan’s is:

Overwork and inefficiency. Bullying and harassment in the workplace and unpaid overtime. Political corruption and control over state media. An over regulated press. ‘Hostage justice’ resulting in a 99% conviction rate. A justice system that presumes guilt rather than innocence - unless you are an elite such as an ex-government minister. No right for an accused person to have a lawyer present while being questioned. Very little care or support for mental illness. The general idea that women should still serve men, even in the workplace...in fact, a huge barrier still blocking the emancipation of women. A rising % of single people, NEETS, and Freeters. A falling birth rate.

All of this and more is skilfully hidden from the outside world by a rather thick veneer of quirkiness, kawaii mascots, (exploited) J-pop groups, an image of politeness (which is often just forced conformity, lathargy, or apathy), and the image of efficiency (which is a result of many things from the negative list).

Every place in the world has its own unique culture. I just wish sometimes that Japanese people would take the blinkers off and at least acknowledge everything isn’t perfect here - far from it.

11 ( +14 / -3 )

As Takano mentions in his blog, that average 7 hours include break time which can be 3 hours a day on average that would match net with what prosecutors claim.

Besides, as someone else already pointed out, they all needed language translation in between every single Q & A.

Seeing interrogation schedule from Takano's blog, it's not coincident that interrogation start after lunch time where they can get an uninterrupted for interrogation even there are breaks during interrogation. Even time is longer because translation it will take longer time, it's still interrogation time, it proves interrogation an use that lengthy interrogation time can last up to 8 hours. 

On the other hand time communication between detainee with lawyer it's within limited time behind glass and that's already including translation while all communication is being monitored.

-2 ( +3 / -5 )

After living in Japan for around 20 years and being able to read the news paper in both English and Japanese there is definitely a discrepancy in the reporting.

Most Japanese media that discuss Ghosn give little discussion or even skip about Japanese hostage system.

5 ( +10 / -5 )

Maybe the people on here that dont think its inhumane should try it yourselves will see you in a couple months to see if your still mentally stable

I've had heavier workload since junior highshool. So did Ghosn that went throught the system of selective schools in France, then worked for decades. Due to that Ghosn and I are surely mental cases (different types). The described schedule of 7 to 11 hours of meeting every other day (70 days out of 130)... looks like part-time job for us.

Well today's Ghosn crying-a-river he was exhausted, had no week-ends/holidays... another day he had complained he was bored when in jail, had to get books to read all day between visits of lawyers, ambassadors and last week he was saying he had nothing to do in jail at Christmas...

I find it interesting that Nissan hired a surveillance team to monitor his coming and goings.

It was highly suspected Ghosn would try to break bail conditions, like trying to contact people he shouldn't, organize something against witnesses...and Nissan had reasons to feel concerned.

Weird that the lawyer did not a serious monitoring while he was the guarantor of his client's good behavior.

-4 ( +11 / -15 )

There should be unenforceable laws above sovereignties protecting human rights. Abuse is recognized in any culture, race, nation, etc. I’m very sad that anyone would have to deal with any abuse anywhere in the world.

0 ( +4 / -4 )

Group A: Ghosn Innocent. Japan needs reform.

Group B: Ghosn Innocent. Japan doesn’t need to reform.

Group C: Ghosn Guilty. Japan needs reform.

Group D: Ghosn Guilty. Japan doesn’t need to reform

Group E: Guilty or Innocent aside, Japan’s Legal System needs reform.

Group F: Guilty our Innocent aside, Japan’s Legal System doesn’t need reform.

I would like to see a survey of the commentators here. Most would be in E, C, A in that order imo. The tendency in this forum unfortunately is to lump every one into two group: those who are for and those who are against Japan.

This makes it difficult for discussion. You have people who say Ghosn is guilty and those who just want to say the system is rigged talking past each other.

6 ( +7 / -1 )

Group A: Ghosn Innocent. Japan needs reform. 

Group B: Ghosn Innocent. Japan doesn’t need to reform. 

Group C: Ghosn Guilty. Japan needs reform. 

Group D: Ghosn Guilty. Japan doesn’t need to reform 

Group E: Guilty or Innocent aside, Japan’s Legal System needs reform. 

Group F: Guilty our Innocent aside, Japan’s Legal System doesn’t need reform.

Most of Japanese media since they like to use one sided from official story will be in Group D: Ghosn Guilty. Japan doesn’t need to reform

7 ( +10 / -3 )

I feel bad for the prosecutor who had to interrogate him. Imagine asking the same thing 7 hours a day for 100 days and convincing yourself you're a worthy person.

-1 ( +5 / -6 )

justaskingToday  02:04 pm JST

I feel bad for the prosecutor who had to interrogate him. Imagine asking the same thing 7 hours a day for 100 days and convincing yourself you're a worthy person.

They do it on rotation, quite common for them, and the police to use the justice hostage for practice, even in minor cases. Repetition Q&A is the breakdown method

8 ( +10 / -2 )

Yikes. So the 99.9% conviction rate is basically based on torture. So sad. Ghosn was right to flee

9 ( +13 / -4 )

@ quercetum

Group E: Guilty or Innocent aside, Japan’s Legal System needs reform.

9 ( +11 / -2 )

…He advised all foreigners to leave.

It's overly exaggerated. Both a detention as well as a fugitive occur on one person is almost none, or one of them is as well. The detention system and the interrogation without an attorney could be serious problems on some cases. However, I feel that Ghosn and his French lawyer in Lebanon have been trying to deter people's eyes from his suspected frauds, and agitate international opinions by linking to human rights, and leading to chipping away his charges.

-2 ( +5 / -7 )

Group E.

3 ( +3 / -0 )

What I want to know, and the media isn't addressing it, which they should, is the fact that Saikawa and his cronies were found to have committed financial wrong doing at Nissan but were simply allowed to step down. Where are the prosecutors? Why haven't they detained Saikawa and friends to investigate the current charges and other possible illegal activities? Why is it one method for a foreigner and another for a Japanese executive. I know the answer myself but why is this not being questioned. Lebanon should request Mr. Saikawa and Co. to Lebanon for questioning so we can find out what really happened. If not, no point in Japan bleating about Ghosn taking his leave of Japan before being hung drawn and quartered by a Kangaroo court!

If my lawyers had told me I won't get a fair trial I would made my escape too!

8 ( +11 / -3 )

A corrupt inhumane Japanese justice system because it held a criminally liable, rich, powerful guy accountable? Cry me a river, Carlos.

-7 ( +4 / -11 )

I remember few years ago media in Japan being surprised and shocked by the huge amount Ghosn was being paid if to compare with other similar CEO's from Toyota, Honda, etc. Seems, Ghosn was wise and predicted long time ago that he will need big money to pay his lawyers to defend him...

4 ( +6 / -2 )

Takano has said he told Ghosn he couldn't expect a fair trial in Japan, but his chances of winning were good because the evidence against him was so weak.

If he couldn't expect to get a fair trial, I wouldn't expect he would win no matter how weak the evidence against him.

Suspects can be detained even without any charges. Japanese prosecutors and Justice Minister Masako Mori have repeatedly defended the nation's system as upholding human rights, noting Japan boasts a low crime rate. Mori said the system follows appropriate procedures under Japanese law, stressing that every culture is different.

Oh good grief, Japan needs to revise their judicial laws, especially the one about suspects can be detained without charges.

Hey, c'mon, that's only 48 hrs a week, or 2 out of 7 days. He got off light compared to other suspects

7 x 7 is 49, and I guarantee if you were questioned for 49 hours in one week without a lawyer and were exposed to bright lights 24 hours a day, were not allowed to have any contact with your wife, and given a piece of fish, Japanese rice and miso shiru to eat day after day after day after day, you wouldn't be saying you got off light.

7 ( +10 / -3 )

A corrupt inhumane Japanese justice system because it held a criminally liable, rich, powerful guy accountable? Cry me a river, Carlos.

No, because it turned an internal company dispute into a criminal case and treated Ghosn like some sort of dangerous criminal. You have some evidence that he committed crimes? Aside from technically breaking the law by fleeing injustice? You would have done the same thing given the situation and the opportunity.

6 ( +8 / -2 )

@sakurasuki Today 01:04 pm JST

Seeing interrogation schedule from Takano's blog, it's not coincident that interrogation start after lunch time where they can get an uninterrupted for interrogation even there are breaks during interrogation. Even time is longer because translation it will take longer time, it's still interrogation time, it proves interrogation an use that lengthy interrogation time can last up to 8 hours.

The point is that there is no decisive contradiction between what the prosecutor said and what Takano said, yet Takano (and this news report) is trying to manipulate the less diligent into believing that. Unfortunately, since technically Takano did remember to say "including breaks" everything he said is truthful and in the public interest, which excludes the criminality of the defamation.

@StevieJToday 07:33 am JST

This is Japan's excuse anytime any of their backwards laws/nuances get called out.

The whole culture thing can get overdone, yet it is also important to accept the margins of appreciation in each country, and to occasionally look at whether your own values are as well justified as you think they are.

Take the "lawyer thing". Let's start with the assumption that abuses are in the minority. Otherwise, in essence you are accusing the prosecutors and police of abuse of authority. What happened to THEIR presumption of innocence?

Let's also accept that once the lawyer is in the room, useful interrogation is at an end. So basically, in an attempt to eliminate a small minority of abuses, you are giving up ALL of what an interrogation can bring. To maintain an effective criminal justice system, this shortfall will have to be made up in other ways which is not limited to lengthier and more expensive investigations.

In reality, it is made up through the threat of long imprisonments and accepting lower standards for at least half (subjective part) of the solution. To save them from the "torture" of a few weeks of interrogation we threaten them with a few years or even decades in prison. Why that sounds like a tradeoff that MUST be accepted can be questioned.

Or the ankle bracelet thing. The premise of all bail is that the flight risk is minimal to none. If significant risk is assessed, then he should not be granted bail. So what is this ankle bracelet? If the flight risk is minimal to none, the privacy invasion from the ankle bracelet is unjustified. If the flight risk is significant, he should simply be kept behind bars. An ankle bracelet is saying "I don't think you are a flight risk but I act as if you are anyway".

Isn't that schizophrenic?

-1 ( +3 / -4 )

It seems that Japan legal system doesn’t ressemble to the beauty and magnificence of this NATION Japanese should think and act to elaborate new fair system not like the western’s but a system appropriate to Japanese society.

0 ( +2 / -2 )

That’s a lot of transcription!

Perhaps this might bring about some positive changes in the system such as video recording of interviews and having a lawyer present if the suspect so desires?

It would go a long way.

3 ( +3 / -0 )

I've had heavier workload since junior highshool. So did Ghosn that went throught the system of selective schools in France, then worked for decades. Due to that Ghosn and I are surely mental cases (different types). The described schedule of 7 to 11 hours of meeting every other day (70 days out of 130)... looks like part-time job for us.

what the frack are you talking about, your referring to people that are free doing their jobs as they were paid to do!. Try going into detention for 70 days straight get interrogated 7 hrs a day , no chance of talking or visiting your family, only able to speak to the guards or prosecutors, eat the same crappy food everyday all the while wondering if your detention is going to be extended for another 23 days and whether youll be released next month 5 month or a year later, also stressing if you'll even have a job once you get out and while your in detention whos paying your bills especially if you've got a stay at home wife with kids. People who've never had their freedom threatened really dont know what they've got until its taken away from you

7 ( +8 / -1 )

Yep. And I'd also have to say it's also possible that he's innocent.

and that's exactly the point , Ghosn should have the presumption of innocence, whether hes guilty or not, it the prosecutor's job to prove his guilt , with irrefutable evidence, that's how a modern 1st world democratic justice system works, the other way around then you need to live in a communist or dictatorship country. Ive stated before i'm not sure if Ghosn is guilty or innocent, my issue is how the prosecutors in Japan go about obtaining the so called evidence they require for a conviction, its clear it isn't normal for a so called 1st world democratic country that respects human rights and has a fair justice system

7 ( +9 / -2 )

Whatever, why the heck he likes to make it a Hollywood movie? To recover some of what he had lost through this run-away?

-9 ( +1 / -10 )

Let's also accept that once the lawyer is in the room, useful interrogation is at an end. 

well how about recording all interrogations, prosecutors cant break the rules of interrogation if they are being monitored by others, if there are no lawyers or recordings present then its the interrogators word against the accused, you must be able to see that abuse of power is easy if you know that you have no chance of being found guilty of it.

5 ( +6 / -1 )

Whatever, why the heck he likes to make it a Hollywood movie?

so people in other countries can see what he went through and decide if it was justified or not.

7 ( +9 / -2 )

But whether he is or not, his case still serves as an example of how Japan's judicial systems needs some pretty major shoring up if it's to be brought up to modern international standards of human rights.

Aren't you in favor of the death penalty, though?

Makes little sense, in that case, talking about human rights...

4 ( +4 / -0 )

I was incarcerated in Japan years ago for a crime I wish not to discuss, however, I can tell you with absolute certainty that what Ghosn is claiming is true. The Japanese method of interrogation is cruel and harsh, and yes, you are denied a lawyer and bail and must wait an innumerable number of days before trial while all of that time being constantly questioned and made to believe you are guilty of whatever you have been accused of. It's basically designed to wear you out and force you to admit a crime despite a lack of substantial evidence against you.

The justice system is particularly unfair to foreigners either visiting or residing in Japan. Most Japanese citizens never having been convicted of a crime are oblivious to these unfair practices and for the Ministry of Justice to condone such operations standing by the fact that Japan has a low crime rate compared to other countries is a travesty.

It's high time Japan's criminal justice system be exposed for what is and those responsible be reprimanded for their injustices.

9 ( +12 / -3 )

David,thank you for sharing your story with us,which is in many degrees related with the one of Ghosn and many other people in such situation.

The point is not just about be guilty or not,but in any democratic and civilized nation even a convict is treated with human dignity and respect.

The MOJ can’t play the cultural thing in this case,even the Danes back in the viking periods evolved in a civilized and peaceful society with high standards of welfare and human rights.

We have to preserve the good things and get rid of the primitive ways.

7 ( +8 / -1 )

Japanese method of interrogation is cruel and harsh, and yes, you are denied a lawyer and bail and must wait an innumerable number of days before trial while all of that time being constantly questioned and made to believe you are guilty of whatever you have been accused of. It's basically designed to wear you out and force you to admit a crime despite a lack of substantial evidence against you.

Either you got exonerated after won in court like Marc Cavazos or they just decide not indict you after spending days of detention, people from both situation need to hold treatment that designed to wear out detainees.

1 ( +1 / -0 )

The point is that there is no decisive contradiction between what the prosecutor said and what Takano said, yet Takano (and this news report) is trying to manipulate the less diligent into believing that. Unfortunately, since technically Takano did remember to say "including breaks" everything he said is truthful and in the public interest, which excludes the criminality of the defamation.

So which give better information is it by saying 8 hours that includes some breaks or 4 hours without mentioning the total time if breaks included?

At least Takano try to give complete story about interrogation process that includes no holiday during Saturday, Sunday and Japanese nenmatsu holliday, Ghosn interogation continues on December 31st, January 1st, January 2nd and so on.

-2 ( +1 / -3 )

Whatever, why the heck he likes to make it a Hollywood movie?

Why can't he? Most people who won their case in Japan or in cases where not followed by indictment. They just choose to remain silent afterward worry about stigma from society that they might get after having to deal with justice system.

2 ( +2 / -0 )

Undergo or flee imperial justice? Being was the first act of Carlos Ghosn I wondered what was going on in Carlos Ghosn's head during his long hours of interrogation which did not require much to answer, so the main accusation seemed obsolete and the other charges were crumbling at the source. The resentment of injustice had its weight, but what is for much in the decisions of Carlos, is the discovery within a nation which wants to be noble, of a system in flagrant contradiction with the fundamental principles of its code d 'honor. The saber blade of his prosecutors blinded by the nationalism of yesteryear, slid slowly on his neck ... what to do when you have a whole life of principles, successes and when the choice is limited to the form of the final execution . It is beautiful to judge on the forms, flight or escape or exfiltration or others and to devote oneself to defend the great principles of an abundant Japanese justice by its purgatory decisions .. it is beautiful to reproach Carlos Ghosn for alienating himself his principles of man integrates respectful of the laws, all the laws including the most scrupulous, "dura lex sed lex" for all ... then what to do in his place .. To suffer certain death out of respect for principles or to flee an injustice by committing another injustice. Critics will be on time in both scenarios, because for many, especially in France, you have to animate your pen well to get the most out of avid readers of this novel reality show. When political leaders do not talk about it, cowardice and silence go hand in hand and I am not surprised that languages ​​are loosening so that a scandal will touch some accomplices at Renault and / or at the government at very high level. In any case, it is to ignore the man Carlos Ghosn that everything is put back in place according to his "management" and beyond everything that has been said or acted his last months including by a France fleeing from its civic obligations and on the run from his own economic interests, or even this miserable Japanese justice so blind that it commits a last dishonor by calling it (and apologizing later) to prove its innocence, an act which undeniably confirms Ghosn's decision . Churchill said: big decisions are simple and quick. Ghosn only applies them. His exfiltration of Japanese injustice is surely carried out with the most banal actions, and his line of defense is titled on facts that are easy for public opinion to understand. By the way Carlos Ghosn acts as a vigilante more than accused, and the next weeks will silence the bad tongues which continue to be recharged in the fog of the businesses and the Japanese justice will be cornered to denounce by itself as well as Nissan which will pay the expensive price for his treachery. Several courts are already being asked to take over from Japan, which will only have to present its prosecution files. What we reproach Mr. Ghosn in the face of this Japan which is finally questioning itself, concerns the very principles of man and his integrity, because for him he did not respond to injustice with an injustice in leaving Japan, by the simple fact that he refuses to harm anyone including Japanese leaders: simply spread the truth and the actors who have damaged his reputation, in Japan and universal justice. It is with this genius strategy that Carlos Ghosn acts, a vigilante justiciable like all but who will not leave his critics resting. In a justice that ventures into the spheres of economic war, Mr. Ghosn acts as a master of martial arts and he will have something to answer to those who thought he was submitting without combat. (Hamid sebaly brussels belgium)

0 ( +1 / -1 )

An ankle bracelet is saying "I don't think you are a flight risk but I act as if you are anyway".

do you even know how an ankle bracelet works!. its monitored by GPS so authorities know exactly where you are at all times, its also tamper proof, it you try to cut or remove it , it sets off analram and police can be at your last location very quickly. People who where ankle bracelets are treated as flight risks 99% of people who wear them dont have the resources to escape like Ghosn.

The fact that Ghosn is innocent until proven guilty, to detain a person who has a presumption of innocence because you think he might run away is a human rights abuse. and if Ghosn was to be acquitted does that mean he can seek huge compensation for taking away his freedom since the prosecutors were wrong to detain him in the first place!?

5 ( +7 / -2 )

So which give better information is it by saying 8 hours that includes some breaks or 4 hours without mentioning the total time if breaks included?

who gives a hoot how many breaks he had, Ghosn was in detention / imprisoned basically treated the same as a convicted criminal, actually probably worse, since he was kept for 70 days unable to contact his family only able to speak to prosecutors , guards, had no idea how long he might be kept in detention, 1,3,6 12 months. Imagine if it was an average Taro, you'd probably lose your job your business your family would struggle to pay the mortgage put food on the table it would do a lot of damage to your personal life and then if your acquitted whos going to compensate you for all that damage.!?

People just cant get it, its not just about a rich gaijin that's escaped Japan, it about how a judicial system that treats the average Taro , because its the average Japanese that are affected the most by Japans hostage justice

10 ( +11 / -1 )

Japanese prosecutors and Justice Minister Masako Mori have repeatedly defended the nation's system as upholding human rights, noting Japan boasts a low crime rate. Mori said the system follows appropriate procedures under Japanese law, stressing that every culture is different.

The Japanese prosecutor attempts to justify Japan’s justice system by asserting that all cultures are different. This is a very weak excuse. Fairness is not arbitrary. There is a science to fairness. Research shows that even other animals know when conditions are unfair (see the Capuchin monkey fairness experiment). Achieving fairness requires numerous checks and balances and procedures that do not presume guilt. This again is the Japanese government believing that just because it says procedures are fair makes them so.

8 ( +10 / -2 )

which give better information is it by saying 8 hours that includes some breaks or 4 hours without mentioning the total time if breaks included?

who gives a hoot how many breaks he had, Ghosn was in detention / imprisoned basically treated the same as a convicted criminal, actually probably worse, since he was kept for 70 days unable to contact his family only able to speak to prosecutors , guards, had no idea how long he might be kept in detention, 1,3,6 12 months.

Imagine if it was an average Taro, you'd probably lose your job your business your family would struggle to pay the mortgage put food on the table it would do a lot of damage to your personal life and then if your acquitted whos going to compensate you for all that damage.!?

Even what Ghosn said about 8 hours interrogation this also backed up by his lawyer

http://blog.livedoor.jp/plltakano/

Some people insist is not correct and said it's 4 hours.

https://headlines.yahoo.co.jp/hl?a=20200109-00000145-kyodonews-soci

Of course they'll try to deny any statement that Ghosn made.

4 ( +5 / -1 )

There is a science to fairness. Research shows that even other animals know when conditions are unfair (see the Capuchin monkey fairness experiment). 

Kudos, HJSLLS!

Yep. I think you are referring to Frans de Waal's great TED presentation. And the great man was in Kamakura just last Saturday to give a presentation on 'Mama's Last Hug' ... https://www.amazon.com/Mamas-Last-Hug-Animal-Emotions/dp/0393635066

Whether through 'Invented Traditions of Modern Japan (Vlastos), 'Manufacturing Consent' (Chomsky), or the Byzantine labyrinth of laws drafted by Corporate lobbyists ... I suspect there is an inverse correlation between empathy-driven morality and the rule-driven 'morality' behind institutional masks.

3 ( +4 / -1 )

He advised all foreigners to leave

Somedays, I agree.

2 ( +2 / -0 )

What could they have possibly ask him for 8 hours a day? They certainly would have to repeat themselves a hundred times just to fill that 8 hours. I really feel sorry for the Tokyo prosecutors. I bet it’s really difficult to be proud of themselves if that’s their job description.

5 ( +7 / -2 )

He advised all foreigners to leave.

Last sentence of the article. A bit extreme, don’t you think?

I agree that the legal systems needs reform. However, Ghosn was only able to run because he had the resources to fund the escape (and walk away from a $8M bail). I hope this puts the spotlight on the rest of the 99% being detailed without sufficient cause...

8 ( +9 / -1 )

OssanAmerica and BigYen

While Japan has a heavy handed conviction rate, it also has an aburdly weak incarceration. It's far from impossible that Ghosn may have bee found innocent, or found gulity but given a very weak sentence, even suspended.

I couldn't agree with you guys more. Thank you making those well-reasoned points. One thing is that Mr. Ghosn had the right to remain silent, which apparently he did not do.

A retired Japanese cop friend of mine told me that back in the day when members of the infamous Japanese Red Army were being interrogated they would stare straight ahead, not say a word, nor change their facial expressions for hours on end. The cops would give up after a couple of days. It was a waste of their time and they knew these guys would never break.

Not sure how Mr. Ghosn behaved during interrogation but his indignation tends to suggest that he did not have the discipline of the Japanese Red Army and could not keep his mouth shut. These guys and gals were terrorists who eventually got what they deserved, but they were disciplined.

Mr. Ghosn on the other hand is not.

The hypocritical thing about him is that he availed himself of the protections of the Japanese police for the years he lived here without complaining about them. But the minute he gets his caught breaking the law, he attacks the very system that protected him for the years he lived here.

He either got terrible advice or ignored the advice that he got. I agree with OssanAmerica that If he had negotiated a deal with the prosecutor's office, he, in all likelihood would have gotten off with a slap on the wrist. He might even still be here drinking "namas" at this favorite yakitori place.

Most people don't understand and don't care about white collar crimes. Admitting guilt and "hansei" go a long way in Japan. He apparently did not understand that.

-3 ( +4 / -7 )

One disturbing statement from Ghosn's press conference was that the prosecutor was running the show in the court hearings and the judge was just abiding by like a robot. There were few examples given during the press conference by Ghosn. Usually it should be the other way round if I understand correctly. Now I have a fair idea how they maintain that 99.4 percent accuracy, wonder how many innocent lives were sacrificed and denied justice so far to achieve this figure. Not impressive to say the least.

4 ( +6 / -2 )

I couldn't agree with you guys more. Thank you making those well-reasoned points. One thing is that Mr. Ghosn had the right to remain silent, which apparently he did not do.

How do you know?

Not sure how Mr. Ghosn behaved during interrogation but his indignation tends to suggest that he did not have the discipline of the Japanese Red Army and could not keep his mouth shut. These guys and gals were terrorists who eventually got what they deserved, but they were disciplined.

Mr. Ghosn on the other hand is not.

What are you trying to say, Mr. Ghosn is worse than a terrorist?

The hypocritical thing about him is that he availed himself of the protections of the Japanese police for the years he lived here without complaining about them.

So does everyone that lives in Japan. What's your point? Is it a foreigners job to change Japan's justice system?

But the minute he gets his caught breaking the law, he attacks the very system that protected him for the years he lived here.

Actually, no. He wasn't even allowed to talk because they kept throwing him back in detention before he could. It was family and other people that attacked the system first.

He either got terrible advice or ignored the advice that he got. I agree with OssanAmerica that If he had negotiated a deal with the prosecutor's office, he, in all likelihood would have gotten off with a slap on the wrist. He might even still be here drinking "namas" at this favorite yakitori place.

So he should just admit to a bogus crime instead of fighting it? It's pretty obvious he doesn't want Nissan to get the last laugh after conspiring against him, and wants to restore his name as well. Not everyone will choose yakitori over that.

Most people don't understand and don't care about white collar crimes. Admitting guilt and "hansei" go a long way in Japan. He apparently did not understand that.

Most people don't have their company conspiring against them. And most people aren't arrested for said white collar crimes. 99.9% of the time they get away with a simple bow before the press. In fact, this went for all of the other Nissan executives that would have been just as guilty as Ghosn, if indeed he did something illegal.

5 ( +5 / -0 )

and people want to say 'well, everyone does the same thing!' I have been telling everyone the japanese are bullies for the longest - and at times, the passive aggressiveness strategy.

1 ( +1 / -0 )

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