Japan’s “Hostage Justice” System: A Violation of Human Rights.

Human Rights Watch report highlights Japan‘s ‘Hostage Justice’ System

Overview

Japan‘s legal system is under scrutiny again as Human Rights Watch releases a report accusing it of denying criminal suspects their fundamental rights. The 101-page report exhaustively documents the abusive treatment of criminal suspects in pretrial detention, revealing that Japan’s “hostage justice” system denies those who have been arrested their rights to due process and a fair trial. The authorities strip suspects of their right to remain silent, question them without a lawyer, coerce them to confess through repeated arrests and denial of bail, and detain them for prolonged periods under constant surveillance in police stations. HRW recommends amending the criminal procedure code and a series of wide-ranging reforms to make investigators and prosecutors more accountable and uphold detainees’ fair trial rights.

Campaign to end ‘Hostage Justice’

Human Rights Watch and Innocence Project Japan announced today their intention to campaign to end “hostage justice”. This campaign will use research and lobbying activities to raise public awareness and put pressure on authorities to end a system that denies people their fundamental rights to due process and a fair trial. The authorities’ interpretation of Japan‘s Code of Criminal Procedure is flawed. This allows them to detain suspects for up to 23 days before prosecutors even bring charges. In most cases, the police put sustained and intense psychological pressure on suspects to coerce confessions. Human Rights Watch conducted research in eight prefectures, documenting 30 interviews with former detainees, plus lawyers, journalists, prosecutors, academics and suspects’ family members. It found that the situation is even worse than might have been envisaged.

Detainees denied due process

Detainees have no access to quality legal representation or resources for self-defense, leading to a very low success rate in acquittal cases. Researchers noted that Prosecutors view success as ensuring a conviction against suspects rather than investigating crimes. The report also indicates that pretrial detention can last for months or years, with many suspects being detained in cells in police stations under constant surveillance. In 2020, judges approved 94.7% of prosecutors’ requests for pretrial detention, demonstrating how low the judicial system is regarded as being able to make fair decisions.

Philosophical discussion

The premise that every accused person is innocent until proven guilty underpins the principles of modern jurisprudence in democratic nations. However, Japan‘s legal system, unfortunately, is not immune from being accused of failing to meet this standard. The conversation about the rule of law, due process and human rights is not new to Japan. It has been reported on extensively in the past, with allegations of forced confessions, so-called fake evidence, and wrongful convictions.

International scrutiny

The international community has paid close attention to the goings-on in Japan’s criminal justice system. The United Nations Human Rights Committee, in particular, has stated that a 48-hour delay before bringing someone before a judge is enough, and anything longer must be justified under exceptional circumstances. Japan is a party to the International Covenant on Civil and Political Rights, which asserts that anyone detained on a criminal charge must be “promptly” charged before a court. Japan would do well to align itself with these standards and hold its legal system accountable to the same yardstick.

Editorial and advice

The poor treatment of suspects by a legal system that denies them fundamental rights in Japan is unacceptable. These Human Rights Watch findings must be taken as a call to action. HRW has provided a clear set of recommendations that Japan’s authorities should adopt to ensure the Japanese criminal justice system can practice within the framework of International Human Rights standards. The Japanese people expect their legal system to provide a fair trial to the accused. The authorities must fulfill this promise.

Editors and commentators in Japan, therefore, have several tasks. First, they need to keep public attention on this issue. By writing powerful opinion pieces and providing extensive coverage, the media can highlight the abuses of suspects’ rights, bringing about the necessary change. Second, lawmakers must prioritize criminal justice reform, given that the Japanese system has significant problems that must be urgently addressed. It is vital that the rights of the accused are upheld. Third, human rights groups and international watchdogs should maintain pressure on Japan. They should use every tool available to them to call out Japan for its treatment of accused individuals who rightly deserve due process just as anyone else.

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