The China Mail - Pressed to confess: Japan accused of 'hostage justice'

USD -
AED 3.672501
AFN 64.50406
ALL 81.906187
AMD 374.313495
ANG 1.790148
AOA 916.999855
ARS 1366.0176
AUD 1.415779
AWG 1.8
AZN 1.698907
BAM 1.67181
BBD 2.013215
BDT 122.927663
BGN 1.66993
BHD 0.377383
BIF 2972.71076
BMD 1
BND 1.274923
BOB 6.906721
BRL 5.027397
BSD 0.999598
BTN 93.233893
BWP 13.474089
BYN 2.852527
BYR 19600
BZD 2.0103
CAD 1.380835
CDF 2299.999949
CHF 0.787865
CLF 0.022846
CLP 899.060282
CNY 6.828011
CNH 6.827905
COP 3627.85
CRC 461.844214
CUC 1
CUP 26.5
CVE 94.25366
CZK 20.79685
DJF 177.993375
DKK 6.383797
DOP 60.100695
DZD 132.181685
EGP 53.138501
ERN 15
ETB 156.846843
EUR 0.85433
FJD 2.21098
FKP 0.743222
GBP 0.743235
GEL 2.690061
GGP 0.743222
GHS 11.019934
GIP 0.743222
GMD 73.502062
GNF 8771.022545
GTQ 7.647004
GYD 209.124907
HKD 7.833097
HNL 26.550813
HRK 6.432602
HTG 130.894326
HUF 310.652504
IDR 17158.2
ILS 3.045405
IMP 0.743222
INR 93.58745
IQD 1309.461735
IRR 1316125.000391
ISK 122.509805
JEP 0.743222
JMD 157.795311
JOD 0.70897
JPY 159.657004
KES 129.47023
KGS 87.450094
KHR 4002.991773
KMF 419.999881
KPW 899.999618
KRW 1485.94969
KWD 0.30888
KYD 0.832995
KZT 475.050753
LAK 22043.380703
LBP 89510.759697
LKR 315.426862
LRD 183.917085
LSL 16.520895
LTL 2.95274
LVL 0.60489
LYD 6.350251
MAD 9.285949
MDL 17.082167
MGA 4149.161235
MKD 52.61765
MMK 2100.298181
MNT 3573.374694
MOP 8.062656
MRU 39.887167
MUR 46.560259
MVR 15.459862
MWK 1733.262101
MXN 17.36315
MYR 3.975014
MZN 63.960559
NAD 16.520895
NGN 1359.660075
NIO 36.781865
NOK 9.489303
NPR 149.174057
NZD 1.71132
OMR 0.384491
PAB 0.999594
PEN 3.389095
PGK 4.392796
PHP 60.184999
PKR 278.802778
PLN 3.62829
PYG 6408.404353
QAR 3.643995
RON 4.3494
RSD 100.264982
RUB 76.18057
RWF 1463.831606
SAR 3.753084
SBD 8.058149
SCR 13.932132
SDG 600.999945
SEK 9.232055
SGD 1.274899
SHP 0.746601
SLE 24.625003
SLL 20969.489175
SOS 571.257613
SRD 37.448961
STD 20697.981008
STN 20.942498
SVC 8.746234
SYP 110.528533
SZL 16.508601
THB 32.21799
TJS 9.475884
TMT 3.505
TND 2.916991
TOP 2.40776
TRY 44.719025
TTD 6.787905
TWD 31.73404
TZS 2594.054022
UAH 43.42568
UGX 3733.748194
UYU 40.337815
UZS 12124.372262
VES 475.837796
VND 26343
VUV 119.309373
WST 2.73449
XAF 560.706913
XAG 0.01353
XAU 0.000213
XCD 2.70255
XCG 1.801475
XDR 0.697817
XOF 560.706913
XPF 101.942515
YER 237.150369
ZAR 16.523697
ZMK 9001.197922
ZMW 19.016562
ZWL 321.999592
  • CMSC

    -0.0150

    22.415

    -0.07%

  • CMSD

    -0.0050

    22.625

    -0.02%

  • BTI

    -0.2300

    58.58

    -0.39%

  • BCE

    0.0200

    23.37

    +0.09%

  • RBGPF

    -13.5000

    69

    -19.57%

  • BCC

    -0.2750

    79.895

    -0.34%

  • BP

    0.3500

    46.79

    +0.75%

  • RYCEF

    -0.2700

    16.96

    -1.59%

  • GSK

    0.2550

    58.465

    +0.44%

  • RIO

    0.3750

    98.635

    +0.38%

  • NGG

    -1.6350

    88.655

    -1.84%

  • JRI

    -0.0720

    12.948

    -0.56%

  • VOD

    -0.0750

    15.615

    -0.48%

  • RELX

    0.7350

    34.035

    +2.16%

  • AZN

    -2.5300

    201.5

    -1.26%

Pressed to confess: Japan accused of 'hostage justice'
Pressed to confess: Japan accused of 'hostage justice' / Photo: © AFP

Pressed to confess: Japan accused of 'hostage justice'

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.

Text size:

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."

- '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."

N.Lo--ThChM