On Monday, Tokyo police and prosecutors made a public apology while visiting the family and grave of Shizuo Aishima, a victim of Japan’s “hostage justice” system. Aishima was arrested with two fellow company executives from the chemical machinery maker Ohkawara Kakohki in 2020. They were held in pretrial detention for months. Aishima sadly passed away before prosecutors dropped the charges against the three men.
“We sincerely apologize for conducting the illegal investigation and arrest. And we are also truly sorry for the immense distress we caused to the bereaved family,” said Tetsuro Kamata, the deputy superintendent-general of the Metropolitan Police Department (MPD). Hiroshi Ichikawa, the deputy chief prosecutor at the Tokyo District Public Prosecutors’ Office, added, “The unlawful requests for detention and prosecution resulted in a serious human rights violation. We offer our deepest apologies.”
Wife of Shizuo Aishima ‘Won’t Be Able To Forgive’ the Police
Aishima’s wife responded by saying, “I accept the apologies, but I won’t be able to forgive.” His eldest son said, “I take them as a step forward, as they acknowledged the unlawfulness of the arrest, detention requests and prosecution.” However, he also urged the police to look into the matter further. “I cannot accept the findings of your reviews and the disciplinary actions taken,” he commented. “I request a reinvestigation and reconsideration of the disciplinary measures.”
Aishima, Ohkawara Kakohki President Masaaki Okawara and Director Junji Shimada were indicted five years ago for allegedly exporting equipment that could be converted for military use to China and other countries. The three men claimed the equipment was legal. While in detention, Aishima developed anemia and was later diagnosed with a malignant tumor. His lawyers’ repeated requests for bail were rejected. Prosecutors argued that he could destroy evidence if released.
Prosecutors Drop the Charges
In November 2020, Aishima was admitted to hospital. Three months later, Okawara and Shimada were released on the condition that they not meet their colleague. Aishima died shortly after their release. In July 2021, the Tokyo District Public Prosecutors’ Office acknowledged the possibility that the exports were not illegal. Prosecutors subsequently dropped the charges against the defendants. Aishima’s family, Okawara and Shimada filed lawsuits with the Tokyo District Court, claiming the arrests and detention were unlawful.
Three months ago, the Tokyo High Court recognized the illegality of the arrests and prosecution. It ordered the central and metropolitan governments to pay approximately ¥166 million in damages. In June of this year, officials from the MPD and the Tokyo District Public Prosecutors’ Office apologized to Okawara and Shimada at Ohkawara Kakohki’s head office in Yokohama. Aishima’s family didn’t attend the meeting, stating that they hadn’t “received any explanation of what the truth was.”
Police Japan’s Hostage Justice System
Japan’s hitojichi-shiho (hostage justice) system refers to the practice of holding detainees for prolonged periods in Daiyo Kangoku (substitute prisons). They are kept in difficult conditions while being subjected to relentless interrogations. Regardless of the severity of the alleged crime, a suspect can legally be held in pre-indictment detention for 23 days. However, prosecutors can extend this period by breaking a single case down into multiple offenses.
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