For 226 days, during which the presumption of innocence should have been applied, Tsuguhiko Kadokawa teetered on the brink of death multiple times. Despite his illness, bail was denied, and he was unable to even visit a hospital.

Those who proclaim their innocence in court are often the least likely to be granted bail due to Japan’s “hostage justice” system. Having survived imprisonment, Kadokawa vowed to reform this country’s inhumane criminal justice system.

On September 14, 2022, an arrest warrant was issued for Tsuguhiko Kadokawa on suspicion of bribery in connection with the Tokyo Olympics corruption scandal. The company, KADOKAWA Corporation, was alleged to have bribed officials on the Olympic organizing committee in order to ensure its selection as an official sponsor of the Tokyo Olympics.

For Kadokawa, who had no decision-making authority at the company and had not been consulted by his subordinates, the accusation was a complete shock. In order to show that he had had no involvement in any such interactions, Kadokawa wanted a thorough investigation to take place, but the best he could manage was to say, “You’re in a quite a hurry, aren’t you?”

This occurred just nine days after he had spoken to reporters, asserting his own innocence and his belief in his subordinates.

Upon waking at 7 AM, Kadokawa would sit seiza (a formal Japanese seated position) and await the guard for roll call. “8501, Tsuguhiko Kadokawa;” he would always state his name after his number. The windows in Tokyo Detention Center weren’t really windows at all. To prevent escapes, they offered no view of the outside world. Conversely, the toilets were entirely visible from the hallway.

The routine was monotonous: bathing twice a week, 30 minutes of exercise, and the same daily meals of barley rice, soup, and side dishes. Only the bare minimum for sustaining life was provided. At the time, Kadokawa was 79 years old and had a heart condition that was due to be treated via surgery at a hospital. The detention center, however, only offered symptomatic treatment and was unable to address his underlying condition.

His lawyer and primary care physician argued for his release, saying that his life could be in danger and that the need for surgery was extremely high and the situation was urgent. However, the prosecutor opposed bail, claiming that Kadokawa might destroy evidence or flee, and the judge denied the bail request.

Some time after that, Kadokawa contracted COVID-19, resulting in significant weight loss and fainting spells. There was even an instance where the prison doctor pretended to not notice Kadokawa vomiting and walked right on past him.

“Is there no way I can escape from here?” Kadokawa wondered aloud. The doctor replied, “Mr. Kadokawa, you won’t be released unless you die.” The medical officer beside him concurred.

The only verdict for Kadokawa was death.

In response to the two bail requests, the prosecutor emphasized the risk of the defendant using his authority to influence employees, and both times the court denied bail. Already on the brink of death, Kadokawa was forced to resign from his positions as a director of KADOKAWA Corporation and other key positions in various companies. Despite that, the prosecutor continued to oppose bail, and the court rejected a third bail request.

While other alleged co-conspirators had been quickly released on bail, the only difference between them and Kadokawa was that the co-conspirators had confessed, while Kadokawa had denied the charges.

Japan’s criminal justice system has a practice of detaining people who plead not guilty at trial for longer periods, making it more difficult for them to be released. This practice has been criticized as a form of “hostage justice.” This is because defendants are physically held “hostage” and can only secure bail by abandoning the achievements they have cultivated in their lives, or confessing, or agreeing to reduce the disputed issues in the trial.

In fact, Kadokawa was only released on bail shortly after he substantially agreed to allow evidence requested by the prosecutor to be used as evidence in the criminal trial.

After being abruptly arrested in connection to the Tokyo Olympics corruption scandal, Tsuguhiko Kadokawa, who maintained his innocence and teetered on the brink of life and death while he was detained for 226 days, filed a lawsuit on June 27, 2024, seeking a ruling that “hostage justice” constitutes a violation of the Constitution and international human rights law. He is calling for a re-examination of the current state of Japan’s criminal justice system from the standpoint of the fundamental principles of human rights.

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