Kikeru Archive

Tuesday, 19 October 2010

DO NOT SIGN!

Japans conviction rate remains the highest in any society, 99.8% of all cases brought in were eventually lead to conviction and imprisonment. Most of the convictions are based on confessions signed by the defendant while in custody. There are evidence to prove that most of the defendants never stood a chance once arrested, courts do not decide the fate of these men but the prosecutors do with the power vested in them by the law they can pronounce any one guilty before the trial even have the chance to proceed fairly. Because of the power they posses they have this overwhelming need to be right and if they do loose a case that could be the end of their career and to avoid that they are willing to send an innocent man to jail.
In western societies, we tend to base our justice system on the notion of "innocent until proven guilty". Despite a written confession from the defendant a fair trial or reduced term is granted. In Japan that's not always the case, suspects are presumed guilty upon arrest and he must prove his innocence.
The  Japanese police interrogation system is brutal, there are credible sources that reveal the treatment that is given to any suspect held in the interrogation room. Unfair means of extorting information are applied (using a language the detainee couldn't comprehend, in the case of foreigners) , beatings, cutting off communication from outside including a counsel.  Despite granting the right to remain silence, the officers would take that as a sign of guilt and would not in any way help your defense. Thus its wise to be cooperative and answer questions.
Confessions are sometimes  fabricated or the suspects are coerced into confessing a crime they didn't do. They are sometimes tortured psychologically, by isolating the suspect for long period of days, deprive him of food and water and sleep.The law allows the Police to keep a suspect in custody for as long as 23 days without indictment. Tradditionally, in Japan, confessions are viewed as the king of evidence.
The number of defendants who are willing to contest their case remains low and even if the case got acquitted, there is a high chance that he will be sent to a higher court for further trial.
So for foreigners living in Japan, its always wise to not sign anything they put in front of you and never communicate in Japanese but in your native tongue. Ask for a translator that you can trust, do not say anything in Japanese, best to remain silent til the interpreter arrives. If they hear you breath one word in Japanese they will decide that your Japanese ability is sufficient and will treat you like any other Japanese suspect. Be calm and cooperative if possible be friendly but whatever you do ask for a lawyer and do not sign anything.Signing any confession will only land you in Jail. Depending on the seriousness of the crime they suspect you of, they might not even allow any communication with your embassy or consular.With a conviction rate of almost 100% try not to get arrested in Japan.


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