This statement was made by the doctor at the detention center to the plaintiff, Tsuguhiko Kadokawa, who was on the brink of death due to the worsening of his pre-existing medical condition. Kadokawa was driven to the edge of death by Japan’s “hostage justice” system. “Hostage justice” refers to the practice whereby suspects and defendants who plead not guilty, or who deny or remain silent about what has been presented to them as facts during criminal proceedings are more likely to be physically detained and find it difficult to be released. In the application of the Japanese criminal justice system, many prosecutors and courts have routinely interpreted and applied the “reasonable grounds for suspecting that the person will flee or attempt to flee” and “reasonable grounds for suspecting that the person will conceal or destroy evidence,” which are stipulated in the code of criminal procedure as requisites for physical confinement, in a manner that violates the Constitution and international human rights law, and have readily approved physical detention.

Such interpretation and application of laws by prosecutors and courts violate the personal liberty guaranteed under the Constitution and international human rights law by taking the defendant “hostage,” and at the same time, physical and psychological pressure is exerted on the suspect to confess to the crime.

In what is known as “hostage justice,” the suspect is released from physical confinement, such as detention or bail, only if they cooperate with the prosecutor by admitting guilt, confessing to the alleged facts, agreeing to the evidence, and admitting to the points of contention. However, if the suspect does not cooperate in this manner, they will not be released. As a result, those who plead not guilty are more likely to be detained and less likely to be granted bail. This means that not only prosecutors, but also the courts themselves, are violating the above-mentioned rights of suspects and defendants, creating a breeding ground for wrongful convictions.

As a result, important human rights, such as the presumption of innocence, the right to remain silent, and the right to a fair trial, which are fundamental principles of modern criminal justice, are being violated.

If you die, you end up not even receiving a trial. Despite this, the health of criminal suspects is often neglected, and they are driven to the brink of life and death, forced to make false confessions, and forced to waive their right to a trial.

The pathology that is “hostage justice” is not just an issue of interpretation of the Code of Criminal Procedure. It is a constitutional and international human rights issue concerning human dignity, freedom, and rights. In light of these principles, Japan’s modern criminal justice itself must be reexamined. This is necessary to reform Japan’s criminal justice system, which has been criticized by the international community and international human rights organizations as “medieval,” to bring it in line with global standards. This trial is not about arguing for Kadokawa’s innocence in the criminal case.

Rather, this trial is a public interest lawsuit brought by Kadokawa, who has survived “hostage justice,” to prevent similar tragedies from occurring in Japanese society. It is a lawsuit brought on behalf of all citizens, representing victims of “hostage justice” such as Shizuo Aishima, who died in the Ohkawara Kakohki case.

This lawsuit seeks a ruling that “hostage justice” violates the Constitution and international human rights law, and questions the current state of Japan’s criminal justice system from the standpoint of the fundamental principles of human rights.

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