Some suspects in Japan refuse to be sent to prosecutors for further investigation after being arrested by the police, possibly out of fear that they may become victims of abusive interrogation practices that have come to light in recent years.
Although a suspect’s refusal to meet with prosecutors is not illegal, legal experts argue that adhering to standard criminal procedures could benefit suspects and are urging investigative authorities to provide clearer explanations of postarrest proceedings.
In typical Japanese criminal proceedings, the police must create a record of the suspect’s statements in relation to the allegations against them and release or send the suspect to prosecutors within 48 hours of the arrest.
If the suspect is referred to prosecutors, the person will be given another opportunity to explain themselves. Within 24 hours, prosecutors will decide whether to request a judge’s warrant to detain the suspect for further investigation. Prosecutors’ primary responsibility is to review the police investigation and decide whether to indict the suspect.
Prosecutors are concerned that if a suspect refuses to be sent to them, it could result in missing an opportunity for the person to present their case.
In February, a suspect who was arrested over an alleged knife attack against an elderly couple in Shiga Prefecture in western Japan refused to be sent to prosecutors.
Prosecutors instead visited the police station where the suspect was being held.
Similar refusals occurred in the same month in two cases: one involving the abandonment of a corpse, which was jointly investigated by the Shiga and Gifu prefectural police, and the other an alleged murder probe by the Osaka prefectural police.
If the suspect refuses, the prosecutors must decide whether to detain them further based solely on the documents and evidence prepared by the police.
“We need to hear from suspects themselves to make a decision,” a senior prosecutor said.
According to a source close to prosecutors, there is no concrete legal precedent for refusing referral to prosectors. In cases of rejection, prosecutors visit the places where suspects are being held, the source said.
Gishu Watanabe, a specialist in criminal procedure law, explained that some suspects’ refusal to meet with prosecutors is an act to protect themselves. He noted the intense pressure from investigative authorities to extract confessions and the short period of time defined for appearance before police, prosecutors and courts.
But the Konan University professor emeritus also said, “Having (suspects’) explanations recorded may lead to an early release from custody and other favorable treatment.”
© KYODO
