Investigation of Police on Machine Export Found Illegal Again

Tokyo High Court sentenced that investigation of Metropolitan Police Department (MPD) and Tokyo District Public Prosecutors Office on an exporter of spray dryer, Ohkawara Kakohki, was illegal and ordered to pay 166 million yen for compensation. The court found that investigation by those organizations of law enforcement was inappropriate, lacking necessary process to reconfirm the suspicion. 

The MPD arrested three managers of Ohkawara Kakohki, including president, with suspicion of violating Foreign Exchange and Foreign Trade Act. According to regulation rule in Ministry of Economy, Trade and Industries (METI), spray dryer with function of sterilization could not be exported from the perspective of economic security.

 

The sterilization could be made in some ways. One is by heat and another is chemical. Although METI rule did not have detailed condition which method would be banned. While chemical sterilization was common for spray dryer, the MPD brought its unique interpretation that the METI rule would be applied to thermal sterilization, and unilaterally concluded Ohkawara’s spray dryer was illegal.

 

In spite of internal argument against accusing Ohkawara, the TMP decided to arrest the managers in 2020. The managers were charged by the public prosecutors’ office. Three managers were detained for a long time. Their requests for bail out were declined for many times. One of the managers was dead in detention. The criminal charge on Ohkawara was cancelled just before the first trial in 2021.

 

The managers filed a lawsuit, arguing that the investigation of the police was illegal. Tokyo District Court sentenced in 2023 that the police and public prosecutors conducted illegal investigation on Ohkawara and ordered 162 million yen of payment to Ohkawara.

 

Tokyo High Court mostly followed the decision of the district court. On unilateral interpretation of the police, the high court found that verification of police and public prosecutors had been insufficient. The managers argued that their spray dryer does not have function of sterilization. But the police and public prosecutors did not have any experiment to prove the mangers’ argument was true or false.

 

At the time of arrest of Ohkawara’s managers, Shizo Abe administration was promoting policies for economic security. The police officers likely to have thought that if they found illegal export of sensitive technology to foreign countries, including China, it would be a great achievement for the police organization. Once leaders in the organization decided to accuse Ohkawara, no one could adjust that plan.

 

Death of one of the detained managers reminded of negative aspect of “hostage justice,” in which a suspect is kept in detention as long as he/she does not admit crime. In the case of Ohkawara, there was a fabrication of recording of interviews. The police made false record along with the story they had made. It is inevitable for law enforcement to review their investigation system with consideration of human rights of suspects.

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