Japan enacts law for GPS trackers to prevent international bail jumping

… to prevent international bail jumping, a move spurred by multiple cases such as the high-profile escape of former Nissan Motor Co CEO Carlos Ghosn.

Reminder: In January 2019, Carlos Ghosn offered to wear a GPS ankle bracelet so that authorities could follow his movements. However, his offer was rejected by the Tokyo District Court.

https://www.reuters.com/article/us-nissan-ghosn-renault-idUSKCN1PF04K

https://apnews.com/article/japan-business-carlos-ghosn-tokyo-international-news-24e446f3f9434741ba9a6dad0d5fb25c

@sakurasuki

Two wrongs don't make a "who cares"

You can always use a GPS Jammer

That’s right, Yrral. While the small fish will probably have not many chances other than to abide, the big criminals easily can jam the simple structured GPS signal. They will just put a static parallel device onto the table which sends the local position with a significantly stronger signal than the device that’s been mounted to their body. Then they can get rid of that device and walk or fly around as they like.

Then form an international alliance where Japanese will wear a tracking device when travelling abroad. Applying the Philippine incident as an example.

A defendant will be denied bail if the supervisor fails to pay a guarantor's deposit, separately from bail money.

Really now? They not only have to come up with bail money, but also have someone be a watch-dog over them and have them pay for it as well?

Instead of fixing Japans antiquated justice system, they just add more trash on top of the trash. Great job!

So, from the multiple and serious problems with the Japanese justice system these are the ones being dealt with? The first one seems to be a priority just because the shame it brought to the system when Ghosn escaped, the second more like something simple and obvious that should have been done a long time ago.

Check it out the big boys got all the workboots on for this one.

No talk about circles, hold hands, no urges no pledges here.

Just a boatlaod of "be established, enacted bills, also approved systems,"

Like a done deal before that hanko hit the paper

But there have been situations in which victims' personal information was obtained by assailants during the procedure.Efforts have been made to prevent

As for part 2 the stalkers… "efforts made" part sounds like its a flimflam, more wish, hope, desire. Not like the firsrt part. Better late than never if it happens...

It must be fun making up pointless laws! Since he left Japan, how many other higher up corperation corruption scandals have there been where they just walk free with suspended sentences? Why not create a law with harsh jail time sentences for those involved in bribery and corruption scandals instead of making up some stupid law that isn't going to work at all?

Kazuaki - - thanks again for your thoughtful reply.

But I think your funny bone has been dislocated.

Only looking at the wry humour in it - not a deep analysis.

Geether,the US has an adversaries system,the state has to prove it case

Kazuaki - thanks for the reply.

I never questioned whether the court ruled correctly or not. That wasn't my point.

My comment was simply the irony (with a Big Wide Grin) that he asked for a bracelet and was told, we don't do that and lo and behold 3 years later - we do do that.

And re that the devices can be tampered with - well yes, nothing is infallible, but the % of successful tamperings as opposed to the successful monitoring is beyond comparison.

The best you can say is that his liberty was restricted (not deprived - that was only for a bit over 100 days) for a year while waiting for his court date.

LOL!! What a way of looking at it!

Ghosn was supper comfortable in his cell enjoying the free meals and chartings with the prosecutors.

LOL!

They should do an “innocent until proven guilty” thing here, that might prevent people from jumping bail too.

Too bad Carlos just can’t get a suspended sentence like Japanese white-collar criminals….

“Multiple cases?” I know of only one in Japan.

Let me see, Ghosn was held a year without charge, and would have been in custody for more than 2 years before going to court on his first charge. And once convicted or acquitted of that first charge, he would have to remain in custody and wait for a court date for his second charge, and so on. This means that he could have spent nearly a decade in custody even if acquitted on all charges.

Normally I am a supporter of Japan’s tough criminal justice system, but in Ghosn’s case, I didn’t see any justice, only spite. There was never a good case to be had against Ghosn, if there had been, he would have been tried more quickly, and this entire dog-and-pony show would have been avoided.

What a far cry from reality if you call the so-called "Japanese justice system", honorable. I suppose you would say North Korea and Russia have an honorable justice system. 99.4% conviction rate, more than a year in solitary confinement are part of the Japanese system, sure sounds like North Korea and Russia. Not the best countries in the world to emulate in any regard. "Treacherous" , Indeed a descriptive word for the Japanese system of justice. Please do explain the honor in holding humans in solitary confinement for more than a year which as you may know is a blatant violation of the United Nations Human Rights Convention Against Torture. Yes, Japan is a signature of this convention that they routinely violate. Yes, lets open the discussion of being Honorable.

But, this won’t change the fact that anybody can be held indefinitely without being charged.

Ghosn should have headed up a French AM maker operating in CCP China, or in Russia, and should have seen if he could have claimed the same garbage, being supported by the garbage

Japan has extradition treaty with 2 countries. US & South Korea.

If you manage to leave Japan you won't be persecuted.

There might be lots of people flying during the judicial procedures.

I can't believe that Carlos Ghosn is the only one.

Asiaman7's comment is the defining point.

Ghosn wanted, repeatedly asked for a monitoring bracelet, but Big Judiciary Inc said,

"We don't do bracelets". As in, this is Japan!!!

Fast forward to 2023 and we have Big Govt this time announcing like its a new-fangled idea, a revolution we've come up with - we're going to use electronic monitoring devices. You know like many other countries have used for yonks.

And the belated provision of laws to protect the anonymity and details of victims of sexual violence is like just mind boggling.

I mean how late can legislation be introduced - 1 year, 2, 5, 10,........ - esp when the protection of innocent citizens is at stake???

Slug pace at the best.

@browny1Today 12:57 pm JST

"We don't do bracelets". As in, this is Japan!!!

Actually, the fact we need new legislation is a sign that the court ruled correctly on this issue - it was NOT within its discretion to use whether Ghosn agrees to wear a bracelet (plus as one poster pointed out bracelets can be countered by those with resources) as a significant factor on whether or not to grant him bail.

My comment was simply the irony (with a Big Wide Grin) that he asked for a bracelet and was told, we don't do that and lo and behold 3 years later - we do do that.

The judge is perfectly correct at his time. He can't predict what will happen three years later. And do remember, his refusal to provide bail has been proven to be the correct decision. Even if he hypothetically allowed bail on a GPS bracelet, against someone with access to Special Forces members I don't see that holding up.

Talk about a day late and a dollar short....

In reality, the Japanese justice system will just revert to hostage taking and will not grant bail under any circumstances. All the better to get the accused to confess because a confession, not evidence, is the gold-standard of guilt in a criminal justice system with a 99% conviction rate.

Still waiting for this case to be brought to the Hague, it’ll never happen, then the TRUTH will finally come out.

Ghosn was arrested in 2018 for allegedly underreporting his compensation, but he sensationally jumped bail and fled to Lebanon the following year

Kinda convenient to skip the middle part where prosecutors kept him in jail for a year without charge trying to kill him in jail. Didn't fix that part

The irony here is the real mastermind and hero Michael Taylor, who analysed the present system and saw the vulnerabilities should be consulted on what is the best way to prevent bail jumping. Carlos Ghosen was in a dark box so he doesn't know much, he was simply cargo being moved by the Japanese under the guidance of Michael Taylor. Yes, an absolutely brilliant plan by Michael Taylor, he put Ghosen in a box and actually had the Japanese workers at the airport move the box in through the entire airport protocol and onto the aircraft. He clearly thinks on a much higher level and is the real reason more light is now on the Japanese Hostage Justice System.

Yes, an absolutely brilliant plan by Michael Taylor

I won't call that "brilliant" more than "treacherous". "Brilliance" is not required against a system that works more or less on the honor system. Think about how often security in Japan just waves you past their posts (I've had that happen to me on my trips to Japan), and think about how convenienced you were every time that happened. Especially if you are a post 9/11 American and have to go through TSA "back home".

All you need to do against an honor system to win is to be ... dishonorable.

more than a year in solitary confinement are part of the Japanese system

He did not spend more than a year in "solitary confinement" and while we are at it it was not without a charge. He was indicted (kiso) for each offence for which he was arrested (taiho). The best you can say is that his liberty was restricted (not deprived - that was only for a bit over 100 days) for a year while waiting for his court date.

And I did not say the Japanese justice system was honorable, though I don't necessarily agree it is not. I said the security of Japan, which is still a safe country in relative terms, often operates on the honor system, which Taylor exploited. They trusted him to not put anything illegal in those cases so they did not inconvenience him with a search, and that trust was betrayed.

By the way, you may have to consider these as package deals. If you want a society that's only minimally securized, then everyone in it has to be trustworthy, and that may mean that there can be less benefit of the doubt given to people that are known to be of increased risk (for example suspects and defendants). How happy would you be if the price of looser bail conditions is that every time you use the Japanese airport in the future, your bags will be dealt with TSA style with everything ransacked, because of the need to beef up security to prevent those bailed people from fleeing the country?

Does that include sex offenders like in the US?

Ghosn was arrested in 2018 for allegedly underreporting his compensation, but he sensationally jumped bail and fled to Lebanon the following year.

Japan Inc. and their LDP puppets were very hurt in an intimate way by Ghosn's demonstration of what a Western oligarch with eff *** amounts of money can do to confound their 'justice' and crony capitalist system.

That said , I am sure in the LDP push to attract foreign corporate execs this will be a big incentive right??

But others argue it may lead to more suspects being granted bail, helping curb excessive periods of detention for which Japan has received criticism.

I find this unlikely. The Ghosn case is a good example of why. The detention without charges is part of the Japanese legal system to force a confesion. Ghosn was locked in solitary confinement for nearly a year, denied visitors, had no access to newspapers or the internet and was interogated daily without a lawyer present in an attempt to force a confesion. This is how the Japanese legal system works and no GPS bracelet is going to change it.

Bail in the US is used to hold some people until they can make a case against them,you would have pay 100 thousands dollars on million dollars bail,the bond person get too keep the 100 thousands dollars as a profit,even if charges are dropped

However no changes for forced false confession, day and night interrogation, hostage justice system where a suspect can get more than twenty days for a single charge and they usually use multiple charge.

https://ja.wikipedia.org/wiki/%E4%BA%BA%E8%B3%AA%E5%8F%B8%E6%B3%95

https://japantoday.com/category/crime/why-do-people-spend-so-long-in-jail-without-going-to-trial-in-japan

> @Geeter Mckluskie

Two wrongs don't make a "who cares"

So who cares?

Once again, thank you Mr.Ghosn for exposing Japan's disgrace of s legal system. An absolute hero.

Yeah right and that is why the french wont nothing to do with him

Thank you Michael Taylor, the American Green Beret that was the true mastermind behind the brilliant plan to rescue Ghosen, for exposing the real Japanese Hostage Justice legal system. We are ashamed that even you and your son were tortured but the man who's life you saved is now free and more of the world is learning about the Japanese justice system where people are tortured in plain site.

""The GPS monitors will be used in cases in which it is feared suspects, such as corporate executives with overseas bases, will flee the country.""

Isn't this Discriminatory!!?

Save the money Dont give grant bail.

Once again, thank you Mr.Ghosn for exposing Japan's disgrace of s legal system. An absolute hero.

And before that, he rescued Nissan from bankruptcy.

Agree with you Alan 100%

"Once again, thank you Mr.Ghosn for exposing Japan's disgrace of s legal system. An absolute hero."

OJ Simpson exposed what a disgrace the US justice system is. How about we laude him for butchering two innocent people and getting away with it?

Bail in Japan undermines Japan's hostage justice system. It in effect, undermines the prosecutor.. Japanese judges, the majority of whom are complete imbeciles are now in difficult position. They do not have to rubber stamp the prosecutor demands and have to think for themselves. Once again, thank you Mr.Ghosn for exposing Japan's disgrace of s legal system. An absolute hero.

The GPS monitors will be used in cases in which it is feared suspects, such as corporate executives with overseas bases, will flee the country.""

Isn't this Discriminatory!!?

Of course! It's dog-whistle for foreigners.

However no changes for forced false confession, day and night interrogation, hostage justice system where a suspect can get more than twenty days for a single charge and they usually use multiple charge.

exactly.

So who cares?

certainly not the apologists on this site.