Latest news with #TokyoHighCourt
The Mainichi
3 days ago
- Politics
- The Mainichi
Editorial: Japan law enforcement culture that bred false charges must be rooted out
The Tokyo High Court recently ordered the Tokyo metropolitan and national governments to pay compensation in a lawsuit brought by the president of machinery maker Ohkawara Kakohki Co. and other plaintiffs who were arrested and indicted on suspicion of illegally exporting materials, only for the charges to later be dropped. Upholding a lower court ruling, the high court acknowledged the illegality of the arrests, interrogations and indictments. It is an extremely heavy decision. The court condemned the unlawful investigation, in which police scrambled to make arrests without looking at the facts. The decision puts pressure on the Metropolitan Police Department (MPD)'s Public Security Bureau to go back to square one and reorganize itself. The ruling exposed the shoddiness of the investigation. The Public Security Bureau painted a picture of the Yokohama-based company engaging in an unauthorized export of spray dryers capable of producing biological weapons. It alleged there was a connection with China's military industry, but it turned out that this was not the case. The Ministry of Economy, Trade and Industry, which oversees exports, had initially reacted negatively to the Public Security Bureau's own interpretation that the spray dryers were subject to regulations. The ministry may have eventually changed its interpretation in favor of the bureau after senior police officials encouraged them to do so. The company had also pointed out to the bureau that the method employed in an experiment to determine whether the spray dryers fell under export controls was possibly flawed. Although there were ample opportunities to reconsider the course of the investigation, the bureau went ahead with the arrests without any additional probes. During the trial, three police officers gave in-depth testimonies in court, with one stating, "The case was fabricated," and another remarking, "(The arrests) were made at the will of an individual with authority to make investigative decisions." The president and others were slapped with the false accusations just as the second Shinzo Abe administration was bolstering Japan's economic security. It is likely that the Public Security Bureau distorted the investigation in a rushed attempt to make achievements in exposing alleged crimes. If that's the case, it shakes our confidence in the organization from its very foundations. The defendants must refrain from appealing the latest ruling, and should immediately apologize to the president and other plaintiffs over the false charges. Having indicted the plaintiffs, the Tokyo District Public Prosecutors Office cannot evade responsibility either. Even though the office received reports raising questions over the validity of the Public Security Bureau's experiments, prosecutors failed to halt the unlawful investigation. The court must also be called into question over its stance of not granting the release of the three arrested people on bail for an extended period of time -- yet another example of Japan's "hostage justice" system, where suspects are kept in detention unless they admit to the allegations against them. One of the accused was diagnosed with cancer while in detention and passed away before the charges were dropped. The culture that bred the human rights violations through these false charges must be investigated inside out.
Japan Today
4 days ago
- Business
- Japan Today
High court orders Tokyo gov't, state to compensate 3 for illicit company probe
A Japanese high court on Wednesday ordered the Tokyo metropolitan government and the state to compensate a company president and others for an unlawful investigation into the alleged unauthorized export of goods capable of producing biological weapons. The Tokyo High Court ruled the investigation on Masaaki Okawara, 76, president of machinery maker Ohkawara Kakohki Co, and two other men was illegal. The court ordered the state and Tokyo to pay about 166 million yen in compensation, up about 4 million yen from the amount awarded by the lower court. A Tokyo police investigator testified at the lower court that the case was "fabricated," and a former investigator told the high court that people with discretion built the case "out of greed." The plaintiffs had appealed the Tokyo District Court ruling that awarded the compensation to Okawara, Junji Shimada, a former director of the company, and the family of former adviser Shizuo Aishima, who died in 2021 after falling ill during detainment, insisting court findings on the maliciousness of the investigation by police and prosecutors were insufficient. The state and the metropolitan government had also appealed, arguing their investigation was legal and seeking a rejection of the plaintiffs' appeal. The Metropolitan Police Department said it will decide on its response after thoroughly examining the latest ruling. Prosecutors withdrew the indictment in July 2021, but Aishima died due to stomach cancer at age 72 in February of that year before redeeming his honor. The plaintiffs sought 560 million yen in damages in the lawsuit filed in September 2021, claiming the items in question -- spray dryers that can atomize liquids and turn them into powder through a quick drying process -- were not subject to export restrictions. The Yokohama-based firm is Japan's leading maker of spray dryers, widely used to produce food products such as instant coffee, baby formula, medicine and ceramics. The three men were arrested in March 2020 on suspicion of exporting spray dryers capable of producing biological agents without authorization. Okawara and Shimada spent 332 days in custody until they were released on bail in February 2021. © KYODO
Kyodo News
4 days ago
- Politics
- Kyodo News
High court orders Tokyo gov't, state to compensate for illicit probe
KYODO NEWS - 6 hours ago - 19:37 | All, Japan A Japanese high court on Wednesday ordered the Tokyo metropolitan government and the state to compensate a company president and others for an unlawful investigation into the alleged unauthorized export of goods capable of producing biological weapons. The Tokyo High Court ruled the investigation on Masaaki Okawara, 76, president of machinery maker Ohkawara Kakohki Co., and two other men was illegal. "There is a fundamental flaw in the decision to build a case," and the decision was made "without reasonable grounds," Presiding Judge Teruyoshi Ota said. The court ordered the state and Tokyo to pay about 166 million yen ($1.15 million) in compensation, up about 4 million yen from the amount awarded by the lower court. Police did not conduct a further investigation even after they heard from the company side that the exported items were not subject to trade restrictions, skipping a process typically required when new information emerges, the ruling said. The Ministry of Economy, Trade and Industry, which oversees export activities, told police there was a problem with their legal interpretation of export control rules banning shipments of equipment capable of producing biological agents, but the police did not revisit their decision to arrest the plaintiffs, according to the ruling. Tsuyoshi Takada, a lawyer representing the company, said the ruling acknowledged that the case was "fabricated" by the police. A Tokyo police investigator testified at the lower court that the case was "fabricated," and a former investigator told the high court that people with discretion built the case "out of greed." The plaintiffs had appealed the Tokyo District Court ruling that awarded the compensation to Okawara, Junji Shimada, a former director of the company, and the family of former adviser Shizuo Aishima, who died in 2021 after falling ill during detainment, insisting court findings on the maliciousness of the investigation by police and prosecutors were insufficient. The state and the metropolitan government had also appealed, arguing their investigation was legal and seeking a rejection of the plaintiffs' appeal. The Metropolitan Police Department said it will decide on its response after thoroughly examining the latest ruling. Prosecutors withdrew the indictment in July 2021, but Aishima died due to stomach cancer at age 72 in February of that year before redeeming his honor. The plaintiffs sought 560 million yen in damages in the lawsuit filed in September 2021, claiming the items in question -- spray dryers that can atomize liquids and turn them into powder through a quick drying process -- were not subject to export restrictions. The Yokohama-based firm is Japan's leading maker of spray dryers, widely used to produce food products such as instant coffee, baby formula, medicine and ceramics. The three men were arrested in March 2020 on suspicion of exporting spray dryers capable of producing biological agents without authorization. Okawara and Shimada spent 332 days in custody until they were released on bail in February 2021. Related coverage: Japan government appeals ruling on compensation for illegal investigation Tokyo gov't, state ordered to compensate for illegal investigation Execs accused of illegally exporting bioweapon equipment sue gov't
Kyodo News
5 days ago
- Politics
- Kyodo News
High court orders Tokyo gov't, state to compensate for illicit probe
KYODO NEWS - 36 minutes ago - 19:37 | All, Japan A Japanese high court on Wednesday ordered the Tokyo metropolitan government and the state to compensate a company president and others for an unlawful investigation into the alleged unauthorized export of goods capable of producing biological weapons. The Tokyo High Court ruled the investigation on Masaaki Okawara, 76, president of machinery maker Ohkawara Kakohki Co., and two other men was illegal. "There is a fundamental flaw in the decision to build a case," and the decision was made "without reasonable grounds," Presiding Judge Teruyoshi Ota said. The court ordered the state and Tokyo to pay about 166 million yen ($1.15 million) in compensation, up about 4 million yen from the amount awarded by the lower court. Police did not conduct a further investigation even after they heard from the company side that the exported items were not subject to trade restrictions, skipping a process typically required when new information emerges, the ruling said. The Ministry of Economy, Trade and Industry, which oversees export activities, told police there was a problem with their legal interpretation of export control rules banning shipments of equipment capable of producing biological agents, but the police did not revisit their decision to arrest the plaintiffs, according to the ruling. Tsuyoshi Takada, a lawyer representing the company, said the ruling acknowledged that the case was "fabricated" by the police. A Tokyo police investigator testified at the lower court that the case was "fabricated," and a former investigator told the high court that people with discretion built the case "out of greed." The plaintiffs had appealed the Tokyo District Court ruling that awarded the compensation to Okawara, Junji Shimada, a former director of the company, and the family of former adviser Shizuo Aishima, who died in 2021 after falling ill during detainment, insisting court findings on the maliciousness of the investigation by police and prosecutors were insufficient. The state and the metropolitan government had also appealed, arguing their investigation was legal and seeking a rejection of the plaintiffs' appeal. The Metropolitan Police Department said it will decide on its response after thoroughly examining the latest ruling. Prosecutors withdrew the indictment in July 2021, but Aishima died due to stomach cancer at age 72 in February of that year before redeeming his honor. The plaintiffs sought 560 million yen in damages in the lawsuit filed in September 2021, claiming the items in question -- spray dryers that can atomize liquids and turn them into powder through a quick drying process -- were not subject to export restrictions. The Yokohama-based firm is Japan's leading maker of spray dryers, widely used to produce food products such as instant coffee, baby formula, medicine and ceramics. The three men were arrested in March 2020 on suspicion of exporting spray dryers capable of producing biological agents without authorization. Okawara and Shimada spent 332 days in custody until they were released on bail in February 2021. Related coverage: Japan government appeals ruling on compensation for illegal investigation Tokyo gov't, state ordered to compensate for illegal investigation Execs accused of illegally exporting bioweapon equipment sue gov't
NHK
5 days ago
- Business
- NHK
Japan appeals court orders state, Tokyo to pay damages over false accusation
A Japanese appeals court has upheld a lower court ruling and ordered the central and Tokyo Metropolitan governments to pay increased damages over the wrongful arrest and detention of three people accused of illegal exports. The court also recognized the investigation by the Tokyo Metropolitan Police Department and prosecutors as unlawful. On Wednesday, the Tokyo High Court ordered the governments to pay over 166 million yen, or about 1.15 million dollars, in damages to the three plaintiffs. The plaintiffs are two executives and the bereaved family of another executive of Japanese chemical machinery manufacturer Ohkawara Kakohki. In 2020, Tokyo police arrested the three executives of the Yokohama-based company for allegedly exporting illegally to China and elsewhere machinery that could be converted for military use. Although they were indicted, prosecutors later dropped the charges in a rare move, and the three men were declared innocent. The plaintiffs sued the central and Tokyo governments, claiming that they suffered due to the illegal investigations. In the ruling on Wednesday, the Tokyo High Court's Presiding Judge Ota Teruyoshi said the Tokyo police's decision not to conduct the additional investigations that are usually required to determine whether a product is subject to export control lacked a rational basis. He added that the prosecutors had no reasonable basis to suspect the defendants of guilt. In 2023, the Tokyo District Court had ordered the two governments to pay damages worth over 162 million yen, or about 1.12 million dollars, to the plaintiffs.
