Family of falsely accused man sues state over judges' role in 'hostage justice'

TOKYO — The family of a man wrongfully accused in 2020 of unauthorized exports of sensitive equipment filed a damages suit with a Tokyo court on Monday, saying the judges' decisions that led to his prolonged detention were illegal.

Seeking about 169 million yen in compensation from the state, the family of Shizuo Aishima, an adviser to machinery maker Ohkawara Kakohki Co, who died of cancer discovered while he was in detention, plans to question Japan's criminal procedures, which critics describe as "hostage justice," under which suspects who deny charges face prolonged detention.

"A court is supposed to be the last resort to stop investigative authorities from going out of control, but in this case, it rubber-stamped the decisions of police and prosecutors, leading to the arrest, indictment and detention (of my father)," a son of Aishima said at a press conference.

Aishima was arrested in March 2020 for allegedly exporting spray dryers to China that were deemed capable of being used in the production of biological agents. The Tokyo District Court repeatedly denied bail, citing fears he might destroy evidence, even after he was diagnosed with stomach cancer in October that year, according to the complaint.

Aishima was admitted to a hospital in November 2020, with his detention suspended. But he died in February 2021 at age 72, and his indictment was withdrawn due to his death.

The company's president, Masaaki Okawara, and then-executive Junji Shimada were also arrested along with Aishima. But prosecutors withdrew their indictments in July 2021, acknowledging the possibility that the exports were not illegal.

Although Tokyo police and prosecutors apologized for the wrongful arrest and indictment after the Tokyo High Court ordered compensation over an unlawful investigation, judges who denied Aishima's release on bail have yet to sufficiently review and explain their decisions to the public, the son said.

"We decline to make any comment on a specific case," Takeshi Goto, chief of the Tokyo District Court, said.

His widow and two sons will argue in the lawsuit that the court acted unconstitutionally by repeatedly rejecting the bail requests and prolonging the detention of Aishima, even though he needed treatment and was not capable of hiding evidence.

They also contend that 37 judges involved in decisions on bail requests, among other matters, effectively endorsed the "hostage justice" system.

Under Japan's criminal procedures, judges are involved in issuing arrest warrants, deciding on prosecutors' requests for detention of suspects, as well as in granting bail.

In September 2021, the company filed a lawsuit against the state and the Tokyo government to seek compensation for illegal investigations conducted by police and prosecutors. Both the district and high courts acknowledged that the arrests and indictments were illegal, with a compensation order finalized.

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