On March 24, four survivors of Japan’s controversial “hostage justice” system launched a lawsuit in the Tokyo District Court, arguing that the laws permitting extensive pretrial detention and bail denial infringe upon the Japanese Constitution. The term “hostage justice” refers to the alarming practice where suspects can be held for months, or even years, on ambiguous charges without fair trial rights, particularly if they choose not to confess.
Among the plaintiffs, Asanuma and Morimoto were both acquitted after lengthy detentions; Asanuma spent three and a half months in custody, while Morimoto endured four months. “I’ve lost precious 15 months of my life,” lamented Asanuma, who was poised to start graduate school. Another plaintiff, Shibata, faced multiple bail rejections for violating drug laws, while Amano has languished in detention for over six years on a fraud charge, cut off from the outside world.
Each victim is claiming compensation of 1.1 million yen (approximately US$7,400) for their suffering. Lead counsel Makoto Takano stated, “In this country, the basic rule of a modern civilized country – the right to be treated as innocent until proven guilty in a fair trial – does not exist.” Encouraged by the social change advocacy group LEDGE, this lawsuit challenges Japan’s criminal justice system.
As a signatory to the International Covenant on Civil and Political Rights, Japan is obligated to charge suspect promptly, uphold their innocence until proven guilty, and generally avoid pretrial detention. This landmark lawsuit represents a pivotal step towards dismantling the oppressive nature of hostage justice, seeking to restore essential human rights.
Four survivors have filed a lawsuit against Japan’s ‘hostage justice’ system, claiming that the provisions enabling long pretrial detention and bail denial breach their constitutional rights. Each survivor endured extensive detentions, with claims for compensation sought. The case aims to highlight and rectify systemic injustices within Japan’s criminal justice framework, aligning it with international human rights norms.
The lawsuit filed by four survivors against Japan’s hostage justice system is a crucial effort to safeguard fundamental rights and challenge the long-standing injustices of prolonged detentions. With the backing of organisations like LEDGE, this legal battle could initiate significant reform in Japan’s criminal justice landscape, reaffirming the presumption of innocence promised under international law.
Original Source: www.hrw.org
