At the grave of a businessman wrongfully accused of illegal exports, Japanese police and prosecutors offered a formal apology in an atypical turn towards apparent candor in this case. One of the company executives, the late Shizuo Aishima also died before the charges against him were dropped in 2021. His family met at the Yokohama resting place and the authorities offered their respect, and agreed that what happened was not right.
The case of Aishima has rekindled the controversies over the legal accountability, human rights and the ugly face of criminally denied justice in the Japanese justice system.
What Caused the False Imprisonment?
In March 2020, both Aishima and three executives of Ohkawara Kakohki were arrested regarding the sale of industrial spray dryers on the export market. Police confiscated the machines which liquefy liquids and turn them into a powder, and are claimed to have applicative value in military uses. Nevertheless, the company claimed that its activities were absolutely legitimate and did not contravene the Japanese export control.
Five months after Aishima died of stomach cancer in February 2021 the charges were officially dropped by the prosecutors. They mentioned doubts of the guilt of the accused, thus contributing to their cases not going to trial. Here is the link to our article on Justice Finally Served.
What Went Wrong with Qith the Legal System?
In the course of his detention during trial, Aishima made eight bail applications. All the requests were rejected, and it reportedly influenced his possibility to receive proper medical treatment. Prosecutor Hiroshi Ichikawa said in statements that the legally sanctioned actions were not only against justice but were also detrimental to the health and dignity of Aishima.
The Tokyo District Court subsequently ordered that the prosecution and detention was unlawful. The court ordered compensation to the tune of 166 million yen (about 1.12 million dollars) to the company of Aishima in September 2021.
What has been the reaction by authorities?
Neither the Tokyo Metropolitan Police nor the Tokyo District Public Prosecutors Office has appealed the ruling. To date (June 11) the sentence is final. An internal investigative review was also instituted in order to determine the cause of the error. The critics suggest the investigation lacks in getting a hold of the guilty parties and carrying out effective measures of discipline.
The family of Aishima accepted the open apology by complaining, however. His widow was clear-those behind the wrongful prosecution could not be forgiven especially as they touched so much their lives. Here is the link to our article on Pokémon Delays Promotion.
What does this case imply with regard to legal reform?
The case shows inescapable problems that are persistent in the Japanese legal system such as overuse of pre-trial detention, refusal of bail and the lack of government accountability. Now activists of human rights are demanding that tighter oversight and change be implemented to eliminate subsequent occurrences of mistaken prosecution.
Final Thoughts
This highly dramatic exemplar of wrongful prosecution has been an impetus of change in the legal reform that needs to be established in Japan. Though the public apology may provide some feeling of having sinned, larger points of justice, accountability and the dignity of mankind loose shape. It is now in the hand of the Japanese legal system not to allow another person to go through the same.
