Editorial: Japan prosecution reform an urgent task following prosecutor’s indictment

The Osaka High Court has ruled that a prosecutor involved in criminal investigations at the Osaka District Public Prosecutors Office’s special investigation unit should be charged with “assault and cruelty by a specialized public employees,” and he will face a trial. It is an unprecedented case, where a public prosecutor will be criminally charged for illegal interrogations.

The case in question involved the arrest of a real estate company president in 2019 on suspicion of embezzlement. The realtor was later acquitted. The accused prosecutor interrogated the president’s subordinate, berating them for about 50 minutes with statements such as “Don’t underestimate the prosecutors office,” and, “I’m the one in charge of your life.” The prosecutor also intimidated them by banging on the desk and shouting, cutting off any attempts to explain.

The high court pointed out that this behavior “instilled fear in the suspect and robbed them of the will to explain themselves,” criticizing it as likely to lead to false testimony to appease the prosecutor.

The subordinate initially denied any involvement in embezzlement on their part or the president’s, but after the interrogation, they reversed their statement. This became the key evidence for the special investigation unit to arrest and indict the president, but the court later deemed the testimony unreliable.

If the prosecutor repeatedly engaged in conduct that involved insulting or threatening a suspect in an attempt to extract testimony that fit the prosecution’s narrative of the case, it is utterly unacceptable.

The interrogation was recorded on video, yet improper conduct occurred nevertheless and was not flagged as a problem within the prosecutorial authorities. It is necessary to investigate the reasons and background for this in court.

Prosecutors hold enormous power, as they can investigate and prosecute crimes themselves. They must exercise this power without falling into self-righteousness and must be restrained, always considering the rights of the suspects. Immediate review and efforts to prevent a recurrence are required.

Fourteen years ago, the Osaka prosecutors office’s special investigation unit was exposed tampering with evidence. It was also revealed that aggressive interrogation practices had been used. Following this, progress was supposedly made in prosecutorial reform.

However, problematic interrogation practices continue to surface. A recent court ruling ordered the national government to pay damages, deeming an interrogation by a prosecutor at the Yokohama District Public Prosecutors Office illegal.

Prosecutors who obtain confessions are highly regarded in the prevailing organizational culture at prosecutors’ offices. However, an overemphasis on confessions can lead to wrongful convictions.

The latest case must be taken seriously as a systemic issue within the prosecutorial authorities. If their fundamental culture is not reformed, the trust of the public will not be regained.