By Hyo-Jin Paik
Impunity Watch Reporter, Asia
TOKYO, Japan – After spending seventeen years in jail for murder of a four-year-old girl, a Japanese man who was serving a life sentence was acquitted at a re-trial.
Toshikazu Sugaya, a former kindergarten bus driver now in his 60’s, was placed behind bars back in 1991 for kidnap, sexual assault and murder. Sugaya did confess to the murder, but the court found that the false confession was made under duress and that the DNA evidence found at the murder scene does not match that of Sugaya.
The judges bowed in apology to Sugaya and the presiding judge, Masanobu Sato, said, “As a judge, I sincerely apologi[z]e that the court failed to listen to Mr[.] Sugaya’s real voice, which resulted in depriving him of his freedom for 17 . . . years.”
Judge Sato added, “I strongly hope something like this will never happen again.”
Sugaya’s acquittal was only the sixth one in Japanese history since World War II where a defendant who was serving a life sentence was acquitted at a re-trial.
Japan has 99% conviction rate for criminal cases, and human rights activists have long been critical of Japanese authorities for relying on confessions instead of building cases based on solid evidence. Rights group have pointed out that such practice by the Japanese authorities led to police extracting false confessions from suspects and convictions of innocent people.
In addition, activists have criticized Japan’s interrogation system where suspects can be detained for up to twenty-three days and be questioned without a lawyer present.
During the initial investigations, prosecutors in fact neglected to inform Sugaya that he can consult with a defense attorney and that he has the right to remain silent.
After Sugaya’s verdict, Japan’s Justice Minister Keiko Chiba did say that the government will into whether or not interrogations should be taped.
Chiba said, “It is necessary to systematically and legally review evidence examination while considering [the appropriateness of introducing] videotaping of the interrogation process.”
Sugaya left the court in tears and said, “I feel completely different today from yesterday. I feel refreshed by the verdict of complete innocence.”
The four-year old girl’s real murder is still at large.
For more information, please see:
BBC – Reform call after Japanese man acquitted of murder – 26 March 2010
Gulf Times – Man cleared after 17 years in Japan jail – 26 March 2010
NYT – In Rare Reversal, Japan Clears Man Convicted of Murder – 26 March 2010
