Latest news with #TakashiTakano
Al Arabiya
6 days ago
- Politics
- Al Arabiya
Trial challenges Japan's ‘hostage justice'
A trial challenging Japan's lengthy and grueling detention of criminal suspects opened in Tokyo Wednesday, with plaintiffs decrying 'subhuman' treatment they say ignores the presumption of innocence. Campaigners argue that lengthy pre-trial detention is meted out too easily in Japan, especially if suspects remain silent or refuse to confess. The lawsuit is challenging the constitutionality of the system of 'hostage justice' in which confessions become a de-facto condition for their release. The term was globally popularized by ex-Nissan chief Carlos Ghosn's 2018 arrest and months-long detention, with international rights groups having also repeatedly criticized it in the past. The new lawsuit challenges Japanese judges' ability to 'rubber-stamp' detentions, and to reject bail without demonstrating 'probable cause' that evidence will be destroyed, according to lead lawyer Takashi Takano. Detained 24/7, those who maintain their innocence are often 'deprived of their freedom, assets and lives ahead' even before trial starts or guilty verdicts are issued, Takano told a gathering after the first hearing Wednesday. Pre-indictment detention can last up to 23 days, extendable by multiple rearrests. Only after indictment does bail become possible, but the option is often dismissed if the accused denies the charges, campaigners say. One of the plaintiffs is Tomoya Asanuma, who last year was held in police custody for nearly four months over charges he was ultimately acquitted of. 'It was like I was in a zoo cage, being fed food through a small window', Asanuma said after the hearing, recalling life 'with no privacy.' 'They treated me like I was subhuman.' There are 'many of those who succumbed (to detention) and falsely confessed in favor of immediate release, with their names forever soiled as former criminals,' Takano said. This, critics say, partly helps explain why Japan has long maintained astonishingly high conviction rates of more than 99 percent. Proponents, meanwhile, attribute the nearly perfect conviction rates to 'precision justice', where prosecutors only pursue airtight cases they are confident about winning. The justice ministry declined to comment on Takano's lawsuit when contacted by AFP ahead of the opening of the trial. It however said the confinement of suspects and defendants, as well as the denial of bail, were ordered 'based on the law and evidence, and in a fair manner.'
Malay Mail
07-07-2025
- Malay Mail
Pressed to confess: Japan's ‘hostage justice' under fire as man spends six years in solitary without conviction
TOKYO, July 8 — Yo Amano says he is unravelling in a cell where he has been confined alone almost 24 hours a day for over six years, despite not having been convicted of the fraud charges against him. In Japan's harsh criminal justice system, critics say innocence is not presumed and coerced confessions help drive the 99 percent conviction rate. 'From the moment I was arrested, I've been treated like I'm a prisoner,' Amano, 36, told AFP through a glass screen at the Tokyo Detention Centre, where he is held alongside people convicted of violent crimes, including death-row inmates. 'I'm sure something is wrong with me mentally, but I can't tell for sure because I can't even get a decent medical diagnosis here,' he said. Campaigners argue that lengthy pre-trial detention is meted out too easily in Japan, especially if suspects remain silent or refuse to confess. That often makes confessions a de-facto condition for their release, one that rights groups say exists in few other liberal democracies. This alleged use of confinement as a way to elicit confessions—or 'hostage justice'—is under renewed scrutiny after a group of victims recently filed a lawsuit challenging its constitutionality. Lawyer Takashi Takano, who spearheads the suit, slammed the 'completely inverted chronology'. In Japan, 'if you contest your charges, your bail is denied and detention drags on. You get punished and robbed of everything first, sometimes before the trial even begins, followed finally by a verdict,' he told AFP. AFP obtained rare, court-issued approval to speak to Amano, who denies the charges against him. Since his 2018 arrest, he has been locked up incommunicado, having 'lost everything', including his job, partner and mental health. In summer, what little coolness there is in the detention facility filters through a small food slot into Amano's sweltering cell. Three tatami mats fill the floor space, and there is no air conditioning. For most of the day, Amano is not allowed to lie down or lean against a wall, so he spends hours sitting on a mat. The former restaurant owner says he has lost 30 kilogrammes (66 pounds) since his arrest. He can only contact his lawyers and is denied access to anyone else, including family, barring rare exceptions. This has left him estranged from the 'daughter I doted on', now seven years old, and whom he last saw in 2019. 'I don't know if she still remembers me.' This picture taken on May 16, 2025 shows Tomoya Asanuma, who endured almost four months of detention for charges including assault that he was ultimately acquitted of in January, playing with his pet ferret at his apartment during an interview with AFP in Tokyo. — AFP pic 'Extracting confessions' 'Hostage justice'—a term popularised by ex-Nissan chief Carlos Ghosn's months-long, 2018-2019 detention—has been repeatedly decried by international rights bodies. The latest lawsuit challenges judges' ability to 'rubber-stamp' detentions, and to reject bail without demonstrating 'probable cause' that evidence will be destroyed, according to lawyer Takano. In Japan, pre-indictment detention can last up to 23 days, extendable by multiple rearrests. Only after indictment does bail become possible, but as with Amano, the option is often dismissed if the accused denies the charges, campaigners say. Judicial data from 2021 shows that those who confessed were released much more quickly than those who denied the charges. 'In Japan, refusing to confess or remaining silent is seen as high-risk behaviour of someone likely to destroy evidence,' Kana Sasakura, a criminal law professor at Konan University, told AFP. Furthermore, detainees are typically interrogated without attorneys—a stark contrast to most Group of Seven and East Asian democracies—which makes it harder to withstand the pressure of questioning. This, coupled with gruelling confinement, attests to Japan's overall reliance on confessions, Sasakura noted. 'It's a structure where, by conducting interrogations behind closed doors and isolating the suspect from the outside world, extracting confessions is made easier,' she said. 'Fair' system The justice ministry told AFP that 'prolonged detention solely on the grounds of remaining silent or denying charges isn't occurring'. 'We don't use physical detention to force confessions,' it added, defending Japan's 'fair' and 'evidence-based' system. But Tomoya Asanuma, another plaintiff in the suit, recalls almost cracking under the strain. Last year, the 36-year-old transgender activist endured almost four months of detention for charges including assault that he was ultimately acquitted of in January. 'Detectives would tell me, 'confess already, and we don't have to interrogate you so many times,'' Asanuma told AFP of the frequent, hours-long questioning. Life under constant surveillance, including when he bathed or relieved himself, was a source of extra humiliation as his body still retained biologically female characteristics. 'The thought repeatedly crossed my mind that if I falsely confessed, I can maybe escape all this,' he said. 'Won't betray their trust' And therein lies the secret to Japan's astonishing 99-percent conviction rate, lawyer Takano argues. 'After such endless interrogations, most people break and confess,' leading to statements adopted by courts as evidence, he said. A case in point is Iwao Hakamada, who was once the world's longest-serving death-row inmate. His convictions—quashed last year—relied partly on confessions made during what the Supreme Court ruled were 'inhumane' interrogations. 'That's what undergirds the '99-percent' conviction rate. But do you really trust such guilty verdicts?' Takano said. In his cell with an exposed toilet, Amano languishes with little sense of the time or weather outside. The light remains on after bedtime, but he is not allowed to cover his face with bedding. But still he will not confess. 'If I succumb now and choose an easy way out, I would disappoint people who still support me,' he said. 'I won't betray their trust.' — AFP
France 24
07-07-2025
- France 24
Pressed to confess: Japan accused of 'hostage justice'
In Japan's harsh criminal justice system, critics say innocence is not presumed and coerced confessions help drive the 99 percent conviction rate. "From the moment I was arrested, I've been treated like I'm a prisoner," Amano, 36, told AFP through a glass screen at the Tokyo Detention Centre, where he is held alongside people convicted of violent crimes, including death-row inmates. "I'm sure something is wrong with me mentally, but I can't tell for sure because I can't even get a decent medical diagnosis here," he said. Campaigners argue that lengthy pre-trial detention is meted out too easily in Japan, especially if suspects remain silent or refuse to confess. That often makes confessions a de-facto condition for their release, one that rights groups say exists in few other liberal democracies. This alleged use of confinement as a way to elicit confessions -- or "hostage justice" -- is under renewed scrutiny after a group of victims recently filed a lawsuit challenging its constitutionality. Lawyer Takashi Takano, who spearheads the suit, slammed the "completely inverted chronology". In Japan, "if you contest your charges, your bail is denied and detention drags on. You get punished and robbed of everything first, sometimes before the trial even begins, followed finally by a verdict," he told AFP. AFP obtained rare, court-issued approval to speak to Amano, who denies the charges against him. Since his 2018 arrest, he has been locked up incommunicado, having "lost everything", including his job, partner and mental health. In summer, what little coolness there is in the detention facility filters through a small food slot into Amano's sweltering cell. Three tatami mats fill the floor space, and there is no air conditioning. For most of the day, Amano is not allowed to lie down or lean against a wall, so he spends hours sitting on a mat. The former restaurant owner says he has lost 30 kilogrammes (66 pounds) since his arrest. This has left him estranged from the "daughter I doted on", now seven years old, and whom he last saw in 2019. "I don't know if she still remembers me." 'Extracting confessions' "Hostage justice" -- a term popularised by ex-Nissan chief Carlos Ghosn's months-long, 2018-2019 detention -- has been repeatedly decried by international rights bodies. The latest lawsuit challenges judges' ability to "rubber-stamp" detentions, and to reject bail without demonstrating "probable cause" that evidence will be destroyed, according to lawyer Takano. In Japan, pre-indictment detention can last up to 23 days, extendable by multiple rearrests. Only after indictment does bail become possible, but as with Amano, the option is often dismissed if the accused denies the charges, campaigners say. Judicial data from 2021 shows that those who confessed were released much more quickly than those who denied the charges. "In Japan, refusing to confess or remaining silent is seen as high-risk behaviour of someone likely to destroy evidence," Kana Sasakura, a criminal law professor at Konan University, told AFP. Furthermore, detainees are typically interrogated without attorneys -- a stark contrast to most Group of Seven and East Asian democracies -- which makes it harder to withstand the pressure of questioning. This, coupled with gruelling confinement, attests to Japan's overall reliance on confessions, Sasakura noted. "It's a structure where, by conducting interrogations behind closed doors and isolating the suspect from the outside world, extracting confessions is made easier," she said. 'Fair' system The justice ministry told AFP that "prolonged detention solely on the grounds of remaining silent or denying charges isn't occurring". "We don't use physical detention to force confessions," it added, defending Japan's "fair" and "evidence-based" system. But Tomoya Asanuma, another plaintiff in the suit, recalls almost cracking under the strain. Last year, the 36-year-old transgender activist endured almost four months of detention for charges including assault that he was ultimately acquitted of in January. "Detectives would tell me, 'confess already, and we don't have to interrogate you so many times,'" Asanuma told AFP of the frequent, hours-long questioning. "The thought repeatedly crossed my mind that if I falsely confessed, I can maybe escape all this," he said. 'Won't betray their trust' And therein lies the secret to Japan's astonishing 99-percent conviction rate, lawyer Takano argues. "After such endless interrogations, most people break and confess," leading to statements adopted by courts as evidence, he said. A case in point is Iwao Hakamada, who was once the world's longest-serving death-row inmate. His convictions -- quashed last year -- relied partly on confessions made during what the Supreme Court ruled were "inhumane" interrogations. "That's what undergirds the '99-percent' conviction rate. But do you really trust such guilty verdicts?" Takano said. In his cell with an exposed toilet, Amano languishes with little sense of the time or weather outside. The light remains on after bedtime, but he is not allowed to cover his face with bedding. But still he will not confess. "If I succumb now and choose an easy way out, I would disappoint people who still support me," he said. "I won't betray their trust." © 2025 AFP
