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Danger of legislation on 'crime of conspiracy'
Akahata editorial

The Diet has begun discussing a bill to add to the law punishing crime provisions to make accomplices punishable. The general principle of criminal law is that no criminal liability can be established without a crime committed. The bill's "crime of conspiracy" will be applied to someone talking about committing a crime even though the person did not conduct any crime.

This means that the law, if enacted, will lead to criminalizing thoughts in addition to criminal acts and even make it possible to bring criminal charges to citizens' organizations and trade unions. Even a commercial newspaper has carried an article entitled "Stop the revival of the Public Order Maintenance Law" (Mainichi, July 12)

Citizens groups and trade unions will be targeted

The government explains that the law is a step toward joining the International Convention against Transnational Organized Crimes such as terror attacks and the drug trade. The bill, however, has serious problems because it aims at controlling every activity of all organizations unrelated to crimes, much less to international organized crimes.

The International Convention is applicable to acts that are "transnational in nature" and involve "organized criminal groups". Meanwhile, the bill omits these two requirements and instead makes it applicable to acts that are performed by organizations as part of their activity.

The crime of conspiracy to comit a crime that would result in a 4-year prison term or more will be subject to up to 5 years in prison. The bill lists more than 600 offenses, including violations of the consumption tax act, the Waterworks Law, and the Bankruptcy Law. Apparently, these offenses can not involve transnational criminal groups.

If a trade union demanding withdrawal of company orders of worker dismissals resolves to continue collective bargaining until the company responds, it is possible for trade union members to be arrested on charges of conspiracy.

If a group of residents agree to stage a sit-in in protest against a unilateral construction of an apartment complex and to prevent building materials from being brought in, they may be arrested on suspicion of "obstructing business by force."

The government in parliament proceeding explained that the law will not be applied to civil organizations or labor unions. However, the text of the bill includes no such provisions.

Basically, the principle of Japan's criminal law is that only crimes actually committed can be punished, and when it comes to its preliminary stage, this can only be applied to serious crimes, such as murder. Therefore, the government, working to ratify the International Convention on Transnational Organized Crimes had to state that punishing persons only because of conspiracy will violate the principles of the domestic penal code. If someone is punished only because the person took part in the discussion of plans, it will undermine citizens' freedoms of thoughts, speech, and expression, as well as his/her own thinking.

In order to criminalize such discussions, it will be necessary to put every organization under constant surveillance.

In such circumstances, the lawlessness of police investigations will be prevalent as the wire-tapping law will be abused and adversely revised to eavesdrop on citizens' phone conversations and monitor e-mails. Police will also train informers to collect information. We must not allow such a state of surveillance to emerge.

Establishing a "crime of conspiracy" will help further infringe on the rights of speech and expression, as well as privacy, and also deprive citizens' organizations and trade unions of their fundamental rights. Thus the bill, if enacted, will be used as a tool to suppress citizens' constitutional rights.

No choice but for the bill to be withdrawn

Some governing party lawmakers' doubts and concerns in the parliament were that the bill's coverage was not in compliance with that of the international convention.

Strong opposition to the bill has been voiced from among judicial circles, citizens' organizations, and trade unions because the bill poses a serious threat to the fundamental human rights restricting the freedom of thought and expression, and because it will pave the way for a society under constant surveillance.

We must block the attempt to bulldoze through the Diet this bill that will seriously infringe on basic human rights, and the rights to organize and strike. -- Akahata, July 17, 2005