PEOPLE TO KNOW

posted : Dec 13, 2015

Japan has exceptionally low crime rates. But there's a dark side to its justice system including torture !

Suspects are deprived of sleep and forced into physically awkward positions. Few people can withstand such treatment. "Not being able to sleep was the hardest for me," says Kazuo Ishikawa to a local reporter, who held out for 30 days before signing a confession he couldn’t read (he was illiterate at the time) to a murder he says he didn’t commit.

 By: Ben T. Austin, Staff Writer of Georgia Weekly Post

 

  Japan has exceptionally low levels of crime. In 2011, its intentional homicide rate was 0.3 per 100,000 people, while the rate in the US was 4.7 per 100,000 people.

Japan's gun death statistics are particularly impressive, given the recent mass shootings in the US: In 2013, Japan's gun homicide rate was 0.01 per 100,000 people, while US rate was 3.5 vs 350 times the rate of Japan.

But as reported , behind Japan's low crime rates are some very troubling criminal justice practices. 

Some suspects will falsely admit guilt just to end a stressful interrogation, and interrogations in Japan, according to published reports, can be very stressful. Police and prosecutors may hold ordinary criminal suspects for up to 23 days without charge - much longer than most other rich countries allow suspects to be detained.

Access to defense lawyers during this period is limited. In theory, suspects have the right to remain silent; but in practice prosecutors portray silence as evidence of guilt.

Prosecutors put pressure on the police to extract confessions, and 23 days is plenty of time to extract one. Interrogators sometimes ram tables into a suspect, stamp on his feet or shout in his ears.

Interviews can last for eight hours or more.

 

▲ In a court system without an adversarial approach to establish innocence and guilt, judges too rarely question whether confessions really are voluntary. Yet time and again innocent people have been shown to confess to crimes in the hope of a more lenient sentence - or simply to make the interrogation stop.

 

Suspects are deprived of sleep and forced into physically awkward positions. Few people can withstand such treatment. "Not being able to sleep was the hardest for me," says Kazuo Ishikawa to a local reporter, who held out for 30 days before signing a confession he couldn’t read (he was illiterate at the time) to a murder he says he didn’t commit. He spent 32 years in prison and is still fighting to be exonerated, according to local reports.

 

In other words, Japan's criminal justice system is built to rely largely on confessions — confessions underpinned 89 percent of criminal prosecutions in 2014, according to published reports. And the lack of safeguards for suspects means the system often relies on false confessions.

 

In a court system without an adversarial approach to establish innocence and guilt, judges too rarely question whether confessions really are voluntary. Yet time and again innocent people have been shown to confess to crimes in the hope of a more lenient sentence - or simply to make the interrogation stop.

In October a mother convicted of killing her daughter for the insurance money was released after a crime reconstruction proved her innocence, according to published reports.

 

Last year Iwao Hakamada was freed after 46 years on death row when a judge declared that his conviction was unsafe (among other things, he appears to have been tortured at the time of his arrest). One lawyer estimates that a tenth of all convictions leading to prison are based on false confessions. It is impossible to know the true figure, but when 99.8% of prosecutions end in a guilty verdict, it is clear that the scales of justice are out of balance.

So Japan's criminal justice system may boast some very impressive statistics, but those figures seem to come with a dark side.

 

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