Trial on Public Prosecutor’s Abuse in Interrogation

The public prosecutor yelled “Do not underestimate the prosecution!” in his interrogation to an officer of real estate firm. In the first trial on a public prosecutor who was indicted with abuse on a criminal suspect, the defendant admitted his chanting but denied his intention of abuse. It was revealed that other prosecutor had been ignoring his interrogation with harsh words. The case is recognized as about the problem in the institution of law enforcement. 

The Special Investigation Division of Osaka Public Prosecutors Office arrested president of a real estate firm, Shinobu Yamagishi, with charge of embezzlement in 2019. Yamagishi was suspected to have lent money with wrong intention to a chairperson of a school corporation. While the chairperson was arrested and found guilty, Yamagishi was found innocent in the trial in 2021.

 

During the investigation of the case, a public prosecutor, Daisuke Tabuchi, made interrogation on a director of Yamagishi’s company to draw confession that Yamagishi had been involved in the embezzlement. During the interrogation on the director in December 2019, Tabuchi made harsh accusation to the director. “We have power to upset someone’s life,” or “You are a great criminal who defamed your company,” were his words to the director with loud voice. He sometimes banged on the desk to put pressure on the suspect.

 

Yamagishi requested a trial on the abuse by the public officer and the court accepted it in 2024. In the first trial in Osaka District Court on July 10th, the lawyer in charge of indictment indicated that the special investigation division had labeled Yamagishi as “really bad guy” and that no one in the division cared abuse by Tabuchi. They rather regarded it as an earnest effort in investigation.

 

Tabuchi insisted that he was exercising his duty as a public prosecutor and denied his intention of insult or abuse. However, the bigger problem is that the public prosecutors office did not realize Tabuchi’s interrogation as excessive. It indicates that the public prosecutors may be doing the same interrogation in other cases and do not think it would be wrong for them to bang desk or put pressure on criminal suspects with harsh words for a long time.

 

The public prosecutors office made a crucial mistake in 2009 case of Atsuko Muraki who was an officer of Ministry of Health, Labour and Welfare. Believing that Muraki was involved in forgery of public documents, the public prosecutors put pressure on Muraki in their interrogation and fabricated memo of the interview. The court found Muraki to be innocent and sentenced guilty on the prosecutors who were involved in the fabrication.

 

It is usual that the public prosecutors write a story of crime and continue investigation along with the story they had made. When they find some facts that will contradict their story, they tend to ignore the fact which is inconvenient for them, rather than changing their scenario. That rigidity sometimes causes false charge with serious violation of human rights. It is questioned that the public prosecutors have a capacity of self-improvement.

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