May 25, 2011
Editorial (excerpts)
A significant court decision was made on May 24 calling for a drastic revision of Japan’s criminal justice system. In a retrial of the so-called Fukawa case, the Tsuchiura branch of the Mito District Court acquitted Sakurai Shoji and Sugiyama Takao, both 64, who were accused of the 1967 robbery and murder of a man in Ibaraki Prefecutre. Stating that there was no objective evidence to link them to the crime, it clearly acknowledged the 1970 ruling that sentenced the two men to life in prison to be a miscarriage of justice.
False accusation
In the initial trial, Sakurai and Sugiyama were found to be guilty only based on the “confessions” they were forced to make during interrogations.
Being held by police for many days, the two were misled and threatened by investigators and were coerced to confess. Their alibis were rejected without being checked. This case clearly was a miscarriage of justice.
If the situation of how the confessions were made and their ambiguous contents were carefully considered in the first place, Sakurai and Sugiyama would never have been charged.
The Fukawa case is a “judicial crime,” committed by police and prosecutors as well as the court which irresponsibly accepted their claims.
Since the arrest of Sakurai and Sugiyama, it took 43 years to restore their dignity. Police, prosecutors, and the court should deeply reflect on the grave consequence associated with the abuse of state power.
For prevention of recurrence
The retrial stopped short of revealing what was behind the false accusation. A thorough investigation needs to be conducted by a neutral third party.
In order to prevent similar cases from occurring, the judicial system must be revised, requiring prosecutors to accurately record the entire interrogation process to verify that confessions were not coerced.
A significant court decision was made on May 24 calling for a drastic revision of Japan’s criminal justice system. In a retrial of the so-called Fukawa case, the Tsuchiura branch of the Mito District Court acquitted Sakurai Shoji and Sugiyama Takao, both 64, who were accused of the 1967 robbery and murder of a man in Ibaraki Prefecutre. Stating that there was no objective evidence to link them to the crime, it clearly acknowledged the 1970 ruling that sentenced the two men to life in prison to be a miscarriage of justice.
False accusation
In the initial trial, Sakurai and Sugiyama were found to be guilty only based on the “confessions” they were forced to make during interrogations.
Being held by police for many days, the two were misled and threatened by investigators and were coerced to confess. Their alibis were rejected without being checked. This case clearly was a miscarriage of justice.
If the situation of how the confessions were made and their ambiguous contents were carefully considered in the first place, Sakurai and Sugiyama would never have been charged.
The Fukawa case is a “judicial crime,” committed by police and prosecutors as well as the court which irresponsibly accepted their claims.
Since the arrest of Sakurai and Sugiyama, it took 43 years to restore their dignity. Police, prosecutors, and the court should deeply reflect on the grave consequence associated with the abuse of state power.
For prevention of recurrence
The retrial stopped short of revealing what was behind the false accusation. A thorough investigation needs to be conducted by a neutral third party.
In order to prevent similar cases from occurring, the judicial system must be revised, requiring prosecutors to accurately record the entire interrogation process to verify that confessions were not coerced.
