Fugitive Ghosn brings global attention to Japanese justice

Though former Nissan Chairman Ghosn is unlikely to stand trial in a real court, he has me himself a key witness in putting Japan's justice system on trial. In his first public appearance after fleeing to Leban, Ghosn lambasted unfair detention and bail conditions, said he was presumed guilty and h “zero chance” of a fair trial in a system rigged against him.

“I didn't run from justice, I left Japan because I wanted justice," former auto industry icon said at a spirited, two-hour news conference in Beirut.

With little chance y can extrite him, Japanese authorities struck back with words Thursday.

Tokyo prosecutors, who arrested him in late 2018, said Ghosn h “only himself to blame” for being detained 130 days before being released and for strict bail conditions like being banned from seeing his wife.

“Defendant Ghosn has deemed a high-profile risk, which is obvious from fact that he actually fled,” y said.

Justice Minister Masako Mori deunced Ghosn's comments as erroneous and credited Japan's extremely low crime rate to a judicial system rooted in “its history and culture.”

Ghosn's remarks, however, highlighted many of issues human rights vocates call problematic in Japan's justice system.

Because of Japan’s extremely low crime rate, how suspects are treated is surprisingly unkwn to Japanese, who tend to trust authoritative figures and assume one gets arrested without a reason.

In Japan, suspects can be detained in solitary confinement without charge for up to 23 days. Charges can be filed piecemeal to prolonged incarceration. Suspects are routinely grilled for hours each day without a lawyer present. Critics call detention conditions mental torture.

Japan’s conviction rate is higher than 99%, a number that critics, including Ghosn, say indicates unfairness.

Japanese officials insist conviction rate is so high because y don’t make mistakes and only guilty people are prosecuted. At same time, y insist re’s a presumption of incence.

It’s an entrenched system that t only les to confessions but also has judges thinking suspects are guilty, says Tokyo defence lawyer Seiho Cho, who has been trying to change system.

“y really believe that this system is functioning efficiently and correctly,” he said.

Cho said Ghosn was a high-profile case and way regular suspects get treated is worse.

Those who insist y are incent especially are detained longer, some for hundreds of days. Bans on contact with family members are also common, he said.

ban in Ghosn's case cited risk his wife Carole may tamper with evidence. An arrest warrant was issued this week for Carole Ghosn on suspicion of perjury.

Carlos Ghosn argued ban on contact with his wife was illogical because he was allowed to meet with or family members, implying decision was meant to wear him out. His decision to escape was driven by his desire to be with his wife, he said.

preparation for Ghosn’s trial h alrey taken a year, and date for his trial was undecided. He was charged with underreporting of future income and breach of trust in diverting Nissan Motor Co. money for personal gain, two separate charges complicating and prolonging his trial process.

If convicted, he could face 15 years in prison. Prosecutors also can appeal district court decisions, prolonging process for defendants.

“Even when y are eventually exonerated, y have alrey lost so much,” Cho said, ting some suspects have lost ir jobs, ir reputation, even ir families.

Among famous cases of wrongful convictions is Iwao Hakama, who spent 48 years in prison until new DNA evidence won his release from death row in 2014. He h been questioned, beaten and bullied by police daily in detention and confessed to murdering a family of four, but asserted his incence when his trial began.

Frenchman Mark Karpeles was arrested in 2015 after his bitcoin exchange collapsed. He spent 11 months in detention, although he was eventually cleared of embezzlement and fraud allegations. He got a suspended sentence, meaning ditional jail time was required, on a conviction on charges of manipulating electronic data. He is appealing. Karpeles said he was an incent victim of hackers.

A true-life story of a man who refused to sign a confession that he groped a woman on a crowded commuter train became a popular 2007 movie. film depicts a five-year legal battle for exoneration, highlighting burden of proof of incence was on accused rar than police and prosecutors proving guilt.

Although Ghosn has drawn attention to system’s possible flaws, Cho was worried about a backlash, with release on bail getting tighter.

“We h grually been making progress, but this could set us back,” said Cho.

For example, with idea of introducing an electronic ter, which Japan lacks and Ghosn h proposed to get bail, fewer people could end up getting bail, and, on top of that, get electronically monitored.

Interpol has published a wanted tice for Ghosn but it is n-binding. Chief government spokesman Yoshihide Suga said wher Ghosn would be extrited was Leban's decision but that Japan would cooperate with international organizations "so that Japan’s criminal justice system can be operated appropriately.”

Jacques Deguest, an expert on Japanese law and business, thinks Ghosn’s case is so embarrassing for Japan it may discour some n-Japanese from wanting to invest or live in Japan.

“Prosecutors are regarded as guardians and protectors of Japanese culture,” said Deguest, an investor, lawyer and consultant.

ir super-efficient, but often brutal, practices have resisted change, but sometimes pressures from abro can bring about change in Japan, Deguest said.

“Change happens often through a crisis because it forces people to be uncomfortable with status quo and forces m to move on,” he said.

“This Ghosn case is great in terms magnitude because it has power to put external pressure on Japan that we all love,” Deguest said.

Ghosn was careful t to blame people of Japan for what he called nation’s injustices.

He led Nissan for two deces, steering automaker back from near-bankruptcy to a thriving brand, although sales and profits have tumbled since his arrest.

Ghosn said people on streets who spotted him while he was out on bail would come up to him.

y would tell him, he said in Japanese, “Ghosn-san gambatte kudsai,” using horific for his name, saying: “Hang in re.”

(Picture Credit: AP)