BACKGROUND: From a previous post of this Blog: March 24 2024: (Headnote): "Japan: Nagasaki Okawara and other plaintiff's seeking a remedy a for a false accusation in the courts: Their journey through 'Japan's 'hostage justice system' faces renewed scrutiny any The Japan Times. (Staff Writer Karin Kanneko)… "In Japan, false accusations can have far-reaching consequences, with little chance for wrongly accused individuals to defend themselves. Ohkawara Kakohki, a manufacturer of spray dryers based in Yokohama, attracted police attention in late 2018 due to suspicions that their products might be used in the development of biological weapons, and that they were involved in illegal exports without the required permit. Despite conducting multiple experiments to demonstrate the safety of their products to the police, Masaaki Okawara and two other executives of the firm — Junji Shimada and Shizuo Aishima — were arrested in March 2020. During their time in detention, they took the advice of their lawyer and decided to exercise their right to remain silent. In Japan, however, opting for silence often comes with big consequences. Aishima had his bail requests denied numerous times, on the grounds that he might conspire with employees. His health deteriorated severely during this time behind bars and he died from stomach cancer in February 2021. Okawara and Shimada, meanwhile, were held in detention for a total of 332 days. The case is undeniably tragic but not uncommon, reminding the public once again of human rights abuses that can accompany Japan’s criminal investigations."
https://smithforensic.blogspot.com/2024/03/japan-nagasaki-okawara-and-other.html
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PASSAGE OF THE DAY: (Current post: July 2, 2024): "In September 2022, Kadokawa, who was 79 years at the time, was arrested for allegedly offering bribes to an executive of the Tokyo Organising Committee of the Olympic and Paralympic Games. He was detained for 226 days before being released in April 2023. Prior to his arrest, he was questioned three times by the police and was arrested during a fourth round of questioning, after which he was taken to the Tokyo Detention Center. He maintained his innocence throughout the period. While he was detained, he was monitored around the clock, including when he used the bathroom, which was in full view of the guards, Kadokawa said. He became severely ill, fainting frequently and eventually falling into a coma. He also lost 15 kilograms."
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PASSAGE TWO OF THE DAY: "“Recently, it was reported that an interpreter for professional baseball player (Shohei) Ohtani was arrested (in the United States) for gambling and was able to go through trial living a normal life. Japan has the exact opposite of this, with the European justice system from the Middle Ages still in place,” Kadokawa said in a news conference Thursday. “Through this litigation, I hope to let the world know that Japan's justice system is lagging very much behind compared with the global standard.” According to the lawsuit, when Kadokawa said his life was in danger, the doctors at the detention center told him, “Kadokawa-san, you cannot get out of here while you’re still alive. You have to die to get out.”
STORY: "Ex-Kadokawa chairman files lawsuit over 'hostage justice' system," by Staff Writer Karin Kaneko, published by The Japan Times, on June 27, 2024."
GIST: "The former chairman of major publisher Kadokawa on Thursday filed a lawsuit against the state for rejecting bail for suspects or defendants who refuse to plead guilty, saying the system represents “hostage justice.”
Tsuguhiko Kadokawa, 80, is seeking ¥220 million ($1.37 million) in damages in the civil lawsuit, saying the practice is unconstitutional.
The practice has been criticized both domestically and internationally, but this is the first time a lawsuit on hostage justice has been filed, according to the plaintiff.
Judges can reject requests for bail if they deem that there is a risk the suspect or defendant might destroy evidence or run away. This has resulted in many suspects being detained for a long period of time unless they admit to their charges.
Notable examples include former Nissan CEO Carlos Ghosn and executives of Ohkawara Kakohki. The Ohkawara Kakohki executives were held for more than 300 days before they were found innocent of the charges made against them.
In September 2022, Kadokawa, who was 79 years at the time, was arrested for allegedly offering bribes to an executive of the Tokyo Organising Committee of the Olympic and Paralympic Games. He was detained for 226 days before being released in April 2023.
Prior to his arrest, he was questioned three times by the police and was arrested during a fourth round of questioning, after which he was taken to the Tokyo Detention Center. He maintained his innocence throughout the period.
While he was detained, he was monitored around the clock, including when he used the bathroom, which was in full view of the guards, Kadokawa said. He became severely ill, fainting frequently and eventually falling into a coma. He also lost 15 kilograms.
“Recently, it was reported that an interpreter for professional baseball player (Shohei) Ohtani was arrested (in the United States) for gambling and was able to go through trial living a normal life. Japan has the exact opposite of this, with the European justice system from the Middle Ages still in place,” Kadokawa said in a news conference Thursday.
“Through this litigation, I hope to let the world know that Japan's justice system is lagging very much behind compared with the global standard.”
According to the lawsuit, when Kadokawa said his life was in danger, the doctors at the detention center told him, “Kadokawa-san, you cannot get out of here while you’re still alive. You have to die to get out.”
His legal team also said that they had notified the Office of the U.N. High Commissioner for Human Rights of his treatment while under detention.
“If the Japanese government does not protect my human rights — a clear violation of the Constitution — I am bringing my experience to the United Nations,” Kadokawa said.
The plaintiff said that the current justice system violates several rights enshrined by the Constitution, including the presumption of innocence until proven guilty and the right to remain silent.
On Thursday, Kadokawa published a book describing his days while under detention, titled “Proof of Humanity” in both English and Japanese."
The entire story can be read at:
https://www.japantimes.co.jp/news/2024/06/27/japan/crime-legal/kadokawa-hostage-justice-lawsuit/
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog.
SEE BREAKDOWN OF SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG, AT THE LINK BELOW: HL:
https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;
