Prosecutors appeal against court decision to acquit man distributing political party fliers

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Prosecutors appeal against court decision to acquit man distributing political party fliers

The Tokyo District Public Prosecutors Office on September 1 appealed to the Tokyo High Court against the Tokyo District Court decision to acquit Arakawa Yosei, who was indicted on a charge of trespassing while distributing Japanese Communist Party fliers at a condominium.

On the same day, Arakawa made a comment in protest against the prosecutors' appeal. Stating that delivering fliers should be allowed as a constitutionally guaranteed principle of democracy affecting the freedom of belief, speech, and expression, he expressed his determination to continue to struggle until a victory is achieved at the Tokyo High Court.

Defense lawyers' group chief Matsui Shigeaki stated that Arakawa should not have been indicted in the first place. He pointed out that the prosecutors' appeal reveals a high-handedness that will only pile up more mistakes.

The lower court on August 28 ruled that Arakawa's action cannot be deemed to be trespassing since delivering fliers at condominiums is socially accepted and the particular condominium in Tokyo's Katsushika Ward into which Arakawa went did not post a sign to publicly indicate that it prohibits such action.
- Akahata, September 2, 2006