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After the case of falsification of evidence by the Osaka District Prosecutor’s Office (at the time), the Supreme Court admitted that “the suspicion that a file was created that was inconsistent with the objective evidence for guidance” and promised “a research that does not stick to the original assumption. ” However, a man who was recently arrested by the Tokyo District Prosecutor’s Office testified that he was “in a closed interrogation room and was forced to sign a document that the prosecution had made without permission.” It has been 10 years since the tampering incident was discovered. Is the unreasonable investigation still going on? (Keiichi Ozawa, Hazuki Yamashita)
◆ “You can’t hear me if I don’t fit the stage”
“I’ll double it” “I don’t know what to do”
Kazuaki Kawabata, a 59-year-old executive of the Ministry of Education, Culture, Sports, Science and Technology, who was arrested by the Department of Special Investigation on suspicion of bribery two years ago and was sentenced for a postponement of execution, recalls that the prosecutor have done.
When he claimed that he had no knowledge of the bribery and had never taken advantage of it, the prosecutor shouted: “It is ridiculous despite the suspicion,” and approached him by banging on the desk.
Mr. Kazuaki Kawabata = in Tokyo
In the end, an affidavit was created that could be taken as a convenience in exchange for the bribe. Mr. Kawabata said: “I reluctantly signed because I thought that if I denied the contents of the registry, I would not be released and would create a more serious crime.”
The interrogation was recorded / recorded (visualized). When the defense attorney complained that the prosecution had drawn up the file, the prosecution did not request evidence or prove it at trial. Mr. Kawabata said: “There is a record of the investigation. They did not tell me that it did not fit the scenario of the prosecution.”
◆ The prosecution affirms that “it can be proven by objective evidence”
“Registration by orientation” that arose in the case of falsification of evidence. Nobuo Gohara, a lawyer for the special investigation OB, said: “30 years ago, there were detectives who threatened to confess their affair to their wives with the seized notebook in their hands and shouted” Raise the white flag. “Hidden.
The “Ideal Prosecution Track Review Conference”, which was established in November 2010 in response to the manipulation case, recommended that over-reliance on affidavits be reviewed. After discussions in a special subcommittee of the Legislative Council, the revised Criminal Litigation Law was applied in June last year to record and record investigations throughout the post-arrest process, only for investigation cases of the prosecution itself.
One prosecutor’s office said: “There is no way to force a confession,” and another executive said: “Now, with the development of digital technology, it is easier to collect objective evidence, such as satellite positioning system (GPS) records. ) and mail logs. It’s well tested without relying too heavily on declarations. ”
◆ A wind hole is required in the “closed room”
The prosecution is trying to restore trust that was lost in the manipulation case, but in the case involving former Nissan Motor president Carlos Gone, the “hostage judiciary”, which is said to prolong the detention if he refuses, was criticized. In the case of the acquisition of Mr. and Mrs. Katsuyuki Kawai, there is a latent suspicion that they did not sue all of the local legislators who allegedly received the cash, but instead made a “back door deal” in an attempt to give favorable testimony at trial.
Osaka University Professor Norio Mizutani (Criminal Procedure Law) noted that “the suspect has to confront the prosecutor for a long time in a small interrogation room. There is always the risk of accepting the prosecutor and making a false confession.” “Unless you punch a hole in the locked room, you cannot avoid false confession. To do that, you need to register and record all cases and the presence of a lawyer,” he said.
