![]() In the Shibushi case in Kagoshima prefecture, a dozen citizens, including some elderly people. She claimed her innocence throughout and was later acquitted (postal abuse case, judgement finalized in 2010). Atsuko Muraki, then senior official of the Ministry of Health, Labor, and Welfare, was detained for four months after indictment on postal service laws violation and falsification of public documents even though this minor crime was most likely to end up with a suspended sentence even if she was found guilty. This results in an even longer detention period. Even when the detainee is indicted and finally allowed to request bail, those who have not confessed or remained silent often have a harder time persuading a judge to approve their bail request, as judges view such defendants as risks to “destroy evidence”. The 23-day detention limit often has no substance, as investigators sometimes use arrest/detention powers for separate, minor crimes as an excuse to interrogate suspects about the main crime or split up consolidated crimes in order to detain suspects repeatedly for additional periods.ĭetainees are not allowed to request bail while in pre-indictment detention. Judges routinely allow investigators’ requests for arrest and detention. ![]() Courts can also issue a prohibition of communication order, under which detainees can meet and communicate only with their lawyers and are not allowed to meet, call, or even write letters to anyone else, including their family members. ![]() Most suspects are detained in cells located inside police stations and placed under constant police surveillance, including during mealtimes or in toilets. Furthermore, suspects are not allowed to have lawyers present during questioning. It is not uncommon for suspects to be yelled at from close range. Exercise of the right to remain silent does not stop the questioning and investigators continue pressuring suspects to answer questions and confess to their alleged crimes. The authorities interpret the code to oblige detainees to face interrogations throughout this period. The Code of Criminal Procedure of Japan allows suspects to be detained up to 23 days before indictment. Japan’s criminal justice practices have long been described as “hostage justice ( hitojichi-shiho)”. The long-term detention in the Carlos Ghosn case has triggered surprise and criticism overseas, leading to doubts about Japan’s integrity as a democratic nation that guarantees human rights.
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