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Japan Times
10-07-2025
- Japan Times
Improper law-enforcement interrogations persist in Japan
Inappropriate interrogation practices by police and prosecutors continue to be reported in Japan, with cases involving verbal abuse and the use of leading or coercive methods to induce suspects to make statements that support official narratives. Experts warn that such methods increase the risk of wrongful convictions. The Japan Federation of Bar Associations has emphasized the urgent need for further reforms in interrogation procedures. Linked to an embezzlement case at real estate company Pressance, based in Osaka, the special investigation squad of the Osaka District Public Prosecutors Office has come under scrutiny. In August last year, the Osaka High Court decided to bring prosecutor Daisuke Tabuchi to criminal trial over allegations of coercive interrogation tactics used against a Pressance employee. The court's decision followed a petition filed by former Pressance President Shinobu Yamagishi, 62, who was acquitted of all charges. Yamagishi has criticized Tabuchi's conduct during interrogations of one of his former subordinates. Recordings revealed that the prosecutor banged on a desk to create loud noises and verbally abused the suspect, making statements such as, "Don't mess with the prosecution!" Tabuchi, 53, now faces charges of assault and cruelty by a special public official and will stand trial as a defendant. A wrongful conviction followed an investigation conducted by the Public Security Bureau of Tokyo's Metropolitan Police Department (MPD) into Ohkawara Kakohki, a machinery manufacturer based in Yokohama. The case centered on allegations of unauthorized exports that later proved misplaced. In May this year, Tokyo High Court ruled that the police acted illegally when they coerced a former company executive into signing a statement that matched their predetermined narrative during interrogations. The court ordered both the national and metropolitan governments to pay compensation. The verdict was finalized in June. Although officials from the Tokyo District Public Prosecutors Office and the MPD apologized to the company president and others, deep-seated distrust of the investigative authorities persists within the company. To prevent inappropriate interrogations, the Japan Federation of Bar Associations emphasizes the importance of audio and video recording during questioning, as well as the presence of defense counsel. The revised Code of Criminal Procedure, which took effect in 2019, made such recordings mandatory only in specific circumstances, namely during detention following arrests in cases subject to lay judge trials and in those investigated independently by prosecutors. In addition, recording is required in interrogations involving individuals with intellectual disabilities or mental disorders. In a major vote-buying scandal linked to the 2019 election for the House of Councilors, the upper chamber of Japan's parliament, suspicions arose regarding the conduct of prosecutors from the Tokyo District Public Prosecutors Office's special investigation team. It was alleged that the prosecutors suggested to local assembly members suspected of accepting money in exchange for votes that they would not be indicted if they provided testimony supporting the prosecution's case against a national lawmaker at the time. During interrogations conducted at the suspects' homes without them being detained, the prosecutors allegedly made remarks such as, "If possible, we want you to continue serving as an assembly member." Such questioning sessions are not subject to recording requirements. Allegations of improper interrogation practices only surfaced thanks to a personal recording of the session kept by one assembly member. Regarding at-home interrogations, the prosecution announced in February this year that it would begin implementing recordings in April. By contrast, there has been no such progress in police investigations. Tadahiko Sakaguchi, a lawyer who serves as special adviser to the president of the Japan Federation of Bar Associations, said, "This is inadequate, as we can't verify issues after the fact." Investigative authorities often remain reluctant to permit the presence of defense counsel during interrogations. According to the federation, from December 2022 to February this year, lawyers were allowed to attend interrogations in only 14 cases, all of which involved police investigations without detention. There have been no confirmed instances in which defense counsel was permitted to be present during prosecutorial interrogations. Sakaguchi emphasized the need for legislation requiring lawyers to be present during interrogations. He noted that many wrongful convictions have resulted from false confessions — statements that contradict the facts and are coerced behind closed doors, where the balance of power heavily favors investigators. Allowing lawyers to participate in interrogations, Sakaguchi argued, would "drastically reduce the risk of false testimony." Legal frameworks allowing lawyers to attend interrogations are already in place in countries including the United States, Britain, Germany, France and South Korea, according to Sakaguchi. "When the recording system was launched (in Japan), investigative agencies expressed concerns that it would negatively affect public safety. No such problems have actually arisen, however," he said.
Japan Times
21-03-2025
- Politics
- Japan Times
Osaka court rejects damages suit over coercive interrogations
The Osaka District Court on Friday rejected a petition for damages for coercive interrogations in an embezzlement case in which a former company president was later acquitted. In an interlocutory judgment, presiding Judge Shinji Oda said that the investigations by the special investigation squad of the Osaka District Public Prosecutor's Office "cannot be regarded as illegal." The former president, Shinobu Yamagishi, 62, of Osaka-based real estate company Pressance, was seeking about ¥700 million in damages from the government. He plans to appeal the ruling. The coercive interrogations were conducted during investigations into embezzlement, for which Yamagishi was arrested and tried but later acquitted. The judge said that the special squad's indictment "certainly contained parts seen as deserving criticism in hindsight." But "it cannot be said that at the stage of indictment, (the squad) had gone too far and reached a level where rationality cannot be affirmed," he said, adding that there was a "considerable reason" to make the arrest. In a hearing in the damages lawsuit, the court examined video footage of a prosecutor's interrogation of a then subordinate of Yamagishi who made a statement leading to the arrest of the president. The footage showed the prosecutor, Daisuke Tabuchi, 52, banging a desk and shouting, "Don't make a fool of me!" The judge criticized Tabuchi for using a "significantly inappropriate interrogation method." But the subordinate does not seem to have been terrified or deprived of his free will, the judge said, explaining the reason for his judgment. "This outcome was unexpected. I'm bewildered," Yamagishi told a news conference in Osaka. "In a situation like this, false accusations will not disappear." "I wonder how a judge can write such a verdict after seeing the recorded interrogation," Yamagishi's lawyer said. Yamagishi was arrested and indicted in 2019 for allegedly embezzling ¥2.1 billion in deposits related to the sale of land held by an Osaka school operator. The district court acquitted him in October 2021, denying the credibility of witness statements. His acquittal became final as the Osaka prosecutors office did not appeal. In August 2024, the Osaka High Court decided to bring Tabuchi to trial on charges of special public servant assault and cruelty. He will appear in court as a defendant.
