'Japanese Justice Faces Scrutiny in Case of Nissan Chief and U.S. Board Member' diff viewer (0/1)

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~~Arrest of High-Flying Nissan Boss Sheds Light on Japan’s Justice System~~	Japanese Justice Faces Scrutiny in Case of Nissan Chief and U.S. Board Member
2018-12-19 11:05:06 UTC	2018-12-19 14:00:12 UTC (about 3 hours later)
TOKYO — Five months ago, Carlos Ghosn, a multimillionaire executive credited with reviving Nissan Motors, hosted the wedding of his daughter Caroline on Naoshima, a rarefied island enclave of art and sculpture. The celebration began with the cracking open of a barrel of sake, an elegant and traditional way in Japan to toast good fortune.	TOKYO — Five months ago, Carlos Ghosn, a multimillionaire executive credited with reviving Nissan Motors, hosted the wedding of his daughter Caroline on Naoshima, a rarefied island enclave of art and sculpture. The celebration began with the cracking open of a barrel of sake, an elegant and traditional way in Japan to toast good fortune.
Now, Mr. Ghosn is living in a Tokyo jail cell, sleeping on a tatami mat and futon, unable to communicate with his daughter or any family member, as investigators explore possible financial wrongdoing related to his nearly 20-year career at Nissan.	Now, Mr. Ghosn is living in a Tokyo jail cell, sleeping on a tatami mat and futon, unable to communicate with his daughter or any family member, as investigators explore possible financial wrongdoing related to his nearly 20-year career at Nissan.
Mr. Ghosn has been indicted on a charge of violating financial reporting laws by understating his compensation; he is being held as prosecutors question him daily. Nissan, which accused Mr. Ghosn, its former chairman, and a board member, Greg Kelly, of colluding in financial chicanery, has been ensnared by the same inquiry and was indicted on a charge of violating reporting laws.	Mr. Ghosn has been indicted on a charge of violating financial reporting laws by understating his compensation; he is being held as prosecutors question him daily. Nissan, which accused Mr. Ghosn, its former chairman, and a board member, Greg Kelly, of colluding in financial chicanery, has been ensnared by the same inquiry and was indicted on a charge of violating reporting laws.
The treatment of such a prominent foreign defendant has been revelatory for people who see Japan as a model in Asia for doing business. Mr. Ghosn’s arrest on Nov. 19 has exposed stark differences in how crimes are pursued and suspects are handled in Japan and in Western democracies.	The treatment of such a prominent foreign defendant has been revelatory for people who see Japan as a model in Asia for doing business. Mr. Ghosn’s arrest on Nov. 19 has exposed stark differences in how crimes are pursued and suspects are handled in Japan and in Western democracies.
Mr. Ghosn, who ran a global auto empire that included Nissan, Mitsubishi and the French carmaker Renault, was taken into custody just after his corporate jet landed at Haneda Airport. His arrest was seen as extraordinary given his position and history with Nissan.	Mr. Ghosn, who ran a global auto empire that included Nissan, Mitsubishi and the French carmaker Renault, was taken into custody just after his corporate jet landed at Haneda Airport. His arrest was seen as extraordinary given his position and history with Nissan.
It turns out that he has been treated much like any suspect in Japan.	It turns out that he has been treated much like any suspect in Japan.
A citizen of Brazil, France and Lebanon, Mr. Ghosn faces government lawyers, for hours, on his own. He is not allowed a lawyer during interrogation. Prosecutors can question him for weeks without charges, and can extend his detention with a routine court request. Last week, on the day he was indicted, Mr. Ghosn was rearrested on allegations of additional wrongdoing. A day later, he was ordered held, again without bail, for 10 more days.	A citizen of Brazil, France and Lebanon, Mr. Ghosn faces government lawyers, for hours, on his own. He is not allowed a lawyer during interrogation. Prosecutors can question him for weeks without charges, and can extend his detention with a routine court request. Last week, on the day he was indicted, Mr. Ghosn was rearrested on allegations of additional wrongdoing. A day later, he was ordered held, again without bail, for 10 more days.
There is some reason to see Mr. Ghosn, 64, as a flight risk. He is wealthy; he has no known family in Japan; and neither Lebanon nor Brazil extradites its own citizens, offering him a plausible place to seek refuge.	There is some reason to see Mr. Ghosn, 64, as a flight risk. He is wealthy; he has no known family in Japan; and neither Lebanon nor Brazil extradites its own citizens, offering him a plausible place to seek refuge.
He is being held in a small room and can be visited only by diplomats or his Japanese lawyer, as foreign lawyers cannot offer legal services in criminal cases. He is allowed to request blankets and books, but all requests are reviewed by officials and can be rejected. Sheets of writing paper, for instance, have been denied.	He is being held in a small room and can be visited only by diplomats or his Japanese lawyer, as foreign lawyers cannot offer legal services in criminal cases. He is allowed to request blankets and books, but all requests are reviewed by officials and can be rejected. Sheets of writing paper, for instance, have been denied.
Prosecutors are likely to hold Mr. Ghosn and Mr. Kelly, who were indicted on the same charge, until they believe they will win a conviction. That concerns members of Mr. Kelly’s family, who have used Twitter to complain to American officials that he is in poor health while in jail.	Prosecutors are likely to hold Mr. Ghosn and Mr. Kelly, who were indicted on the same charge, until they believe they will win a conviction. That concerns members of Mr. Kelly’s family, who have used Twitter to complain to American officials that he is in poor health while in jail.
In part, prosecutors’ methods are aimed at wresting confessions from suspects. About 90 percent of indicted suspects in Japan confess to a crime before trial.	In part, prosecutors’ methods are aimed at wresting confessions from suspects. About 90 percent of indicted suspects in Japan confess to a crime before trial.
“I think it reflects differences in the societies and cultures and the views of criminal justice,” said David Litt, an American professor of law at Keio University in Tokyo. “We have a view in the United States and Anglo-American systems where we have the greatest respect for the autonomy of individuals.”	“I think it reflects differences in the societies and cultures and the views of criminal justice,” said David Litt, an American professor of law at Keio University in Tokyo. “We have a view in the United States and Anglo-American systems where we have the greatest respect for the autonomy of individuals.”
In Japan, Mr. Litt said, “there is a deference to the authorities and to what they say.”	In Japan, Mr. Litt said, “there is a deference to the authorities and to what they say.”
Mr. Ghosn’s arrest has been the talk of expatriates who see a possible chilling effect on foreigners willing to work in Japan. “If you start throwing people in jail for doing something in the gray area,” said Stephen Givens, an American corporate lawyer here who has been following the case, “everybody lays awake at night worrying that they’re next to hear the police knock on the door.”	Mr. Ghosn’s arrest has been the talk of expatriates who see a possible chilling effect on foreigners willing to work in Japan. “If you start throwing people in jail for doing something in the gray area,” said Stephen Givens, an American corporate lawyer here who has been following the case, “everybody lays awake at night worrying that they’re next to hear the police knock on the door.”
Critics who say the Japanese system is biased against defendants have focused on its high conviction rates, but even in the United States, 90 percent of defendants indicted on a charge of a white-collar crime in federal court were found guilty in 2017, according to the most recent Justice Department figures. Japan also is not the only democracy that restricts a defendant’s access to counsel or holds suspects for weeks or months without charges.	Critics who say the Japanese system is biased against defendants have focused on its high conviction rates, but even in the United States, 90 percent of defendants indicted on a charge of a white-collar crime in federal court were found guilty in 2017, according to the most recent Justice Department figures. Japan also is not the only democracy that restricts a defendant’s access to counsel or holds suspects for weeks or months without charges.
German law allows suspects to be held for months if a judge rules that they might flee, obstruct justice or pose a danger to society. Rupert Stadler, the chief executive of Volkswagen’s Audi division, was held for almost five months without bail this year after he was heard on a wiretap making statements that prosecutors interpreted as an attempt to obstruct an investigation into emissions cheating.	German law allows suspects to be held for months if a judge rules that they might flee, obstruct justice or pose a danger to society. Rupert Stadler, the chief executive of Volkswagen’s Audi division, was held for almost five months without bail this year after he was heard on a wiretap making statements that prosecutors interpreted as an attempt to obstruct an investigation into emissions cheating.
The right to have a lawyer present during questioning is not sacrosanct across democratic countries.	The right to have a lawyer present during questioning is not sacrosanct across democratic countries.
In France, defendants can have a lawyer present during interrogations, but the lawyer is not allowed to interrupt — although in practice, they sometimes do, and they are allowed to ask questions when investigators are finished.	In France, defendants can have a lawyer present during interrogations, but the lawyer is not allowed to interrupt — although in practice, they sometimes do, and they are allowed to ask questions when investigators are finished.
In the Netherlands, lawyers were not allowed in the interrogation room until last year, when the rights of defendants were expanded. As in France, lawyers in the Netherlands are not supposed to interfere with interrogations but can interrupt under certain conditions, such as if the defendant becomes too fatigued or distraught to answer questions.	In the Netherlands, lawyers were not allowed in the interrogation room until last year, when the rights of defendants were expanded. As in France, lawyers in the Netherlands are not supposed to interfere with interrogations but can interrupt under certain conditions, such as if the defendant becomes too fatigued or distraught to answer questions.
In the United States, lawyers for witnesses and defendants are not permitted into federal grand jury proceedings, where suspects are indicted. Lawyers must wait outside the courtroom, and witnesses and defendants can leave the proceedings for counsel.	In the United States, lawyers for witnesses and defendants are not permitted into federal grand jury proceedings, where suspects are indicted. Lawyers must wait outside the courtroom, and witnesses and defendants can leave the proceedings for counsel.
In Japan, detained suspects can meet with their lawyers outside of interrogations. Yoichi Kitamura, a lawyer for Mr. Kelly, visits his client daily, he said, and Mr. Kelly denies any criminal wrongdoing. Neither Mr. Ghosn nor his lawyer Motonari Otsuru have commented on the charges. Aubrey Harwell Jr., a longtime Nashville lawyer who represents Mr. Kelly, has not yet been allowed to speak to him.	In Japan, detained suspects can meet with their lawyers outside of interrogations. Yoichi Kitamura, a lawyer for Mr. Kelly, visits his client daily, he said, and Mr. Kelly denies any criminal wrongdoing. Neither Mr. Ghosn nor his lawyer Motonari Otsuru have commented on the charges. Aubrey Harwell Jr., a longtime Nashville lawyer who represents Mr. Kelly, has not yet been allowed to speak to him.
“That’s how the system works when they decide to go after you,” said Nicholas Benes, a board director at the Board Director Training Institute of Japan, a nonprofit group that focuses on corporate governance. “They are keeping you that long to force you to admit to wrongdoing and make the prosecutors’ lives easy.”	“That’s how the system works when they decide to go after you,” said Nicholas Benes, a board director at the Board Director Training Institute of Japan, a nonprofit group that focuses on corporate governance. “They are keeping you that long to force you to admit to wrongdoing and make the prosecutors’ lives easy.”
Although a confession alone is not sufficient to secure an indictment, suspects come under pressure not only from prosecutors, but from judges who make bail decisions.	Although a confession alone is not sufficient to secure an indictment, suspects come under pressure not only from prosecutors, but from judges who make bail decisions.
During the time when suspects are held but not yet charged, judges rarely grant bail. If a suspect does not confess, “sometimes the court does not approve bail,” said Yasuyuki Takai, a former prosecutor turned defense lawyer who advised Takafumi Horie, an internet tycoon who was found guilty of violating securities laws in a notorious trial a decade ago.	During the time when suspects are held but not yet charged, judges rarely grant bail. If a suspect does not confess, “sometimes the court does not approve bail,” said Yasuyuki Takai, a former prosecutor turned defense lawyer who advised Takafumi Horie, an internet tycoon who was found guilty of violating securities laws in a notorious trial a decade ago.
“If a suspect keeps denying the charges and insisting on their innocence, judges in Japan would worry that the suspect might destroy evidence if they are granted bail,” Mr. Takai said.	“If a suspect keeps denying the charges and insisting on their innocence, judges in Japan would worry that the suspect might destroy evidence if they are granted bail,” Mr. Takai said.
Mr. Ghosn and Mr. Kelly are not the first corporate defendants who have been jailed for weeks without charges.	Mr. Ghosn and Mr. Kelly are not the first corporate defendants who have been jailed for weeks without charges.
In 2015, Julie Hamp, at the time the head of communications for Toyota Motor, was arrested and held for two and a half weeks in detention in Tokyo on suspicion she had illegally imported the painkiller Oxycodone. She was released without charge and left Japan soon after.	In 2015, Julie Hamp, at the time the head of communications for Toyota Motor, was arrested and held for two and a half weeks in detention in Tokyo on suspicion she had illegally imported the painkiller Oxycodone. She was released without charge and left Japan soon after.
In 2012, three executives from Olympus, the optical equipment maker, were arrested and detained for nearly six weeks after a wide-ranging investigation of accounting fraud at the company. All three were convicted although they received suspended sentences and served no prison time.	In 2012, three executives from Olympus, the optical equipment maker, were arrested and detained for nearly six weeks after a wide-ranging investigation of accounting fraud at the company. All three were convicted although they received suspended sentences and served no prison time.
Mr. Horie, a larger-than-life Japanese entrepreneur, spent three months in detention before he was charged with securities fraud. After a six-month trial, he was convicted in 2007 and sentenced to two years and six months in prison. He served 21 months before he was paroled.	Mr. Horie, a larger-than-life Japanese entrepreneur, spent three months in detention before he was charged with securities fraud. After a six-month trial, he was convicted in 2007 and sentenced to two years and six months in prison. He served 21 months before he was paroled.
Mr. Horie was held in the same detention center as Mr. Ghosn. In a blog published in 2010, Mr. Horie described how prosecutors pressed him to recall incidents entirely from memory and denied his requests to consult his company schedule or emails.	Mr. Horie was held in the same detention center as Mr. Ghosn. In a blog published in 2010, Mr. Horie described how prosecutors pressed him to recall incidents entirely from memory and denied his requests to consult his company schedule or emails.
“Now I can say what their intention was,” Mr. Horie wrote. “Once I started describing vague memories, they could adjust it to fit their story. As my memory was unclear, it was easy to manipulate. If I had some discrepancies in my daily conversations with prosecutors, they could check it against all the email records.”	“Now I can say what their intention was,” Mr. Horie wrote. “Once I started describing vague memories, they could adjust it to fit their story. As my memory was unclear, it was easy to manipulate. If I had some discrepancies in my daily conversations with prosecutors, they could check it against all the email records.”
“Anyone would have doubts about their own memory or feel guilty,” Mr. Horie wrote, “if a prosecutor says ‘that’s not what you said yesterday. You’re telling a lie!’”	“Anyone would have doubts about their own memory or feel guilty,” Mr. Horie wrote, “if a prosecutor says ‘that’s not what you said yesterday. You’re telling a lie!’”
Life in detention was meager, Mr. Horie wrote. He slept in a 50-square-foot room with a toilet. Detainees could bathe twice a week in winter — three times in summer — and order items like toothpaste and shampoo once a week. A doctor visited inmates weekly.	Life in detention was meager, Mr. Horie wrote. He slept in a 50-square-foot room with a toilet. Detainees could bathe twice a week in winter — three times in summer — and order items like toothpaste and shampoo once a week. A doctor visited inmates weekly.
Breakfast was miso soup and rice cooked with barley. Mr. Horie was allowed to order bento lunches from a specially vetted shop but they were “not so tasty, to be honest.”	Breakfast was miso soup and rice cooked with barley. Mr. Horie was allowed to order bento lunches from a specially vetted shop but they were “not so tasty, to be honest.”
A senior Japanese government official said the prosecutors’ detention center provided each suspect with an air-conditioned cell. He said Mr. Ghosn was not being treated unjustly and that prosecutors were following Japanese laws. A spokesman for Japan’s Ministry of Justice said officials at the Tokyo Detention Center and all correctional facilities in Japan “try to respect inmates’ human rights.”	A senior Japanese government official said the prosecutors’ detention center provided each suspect with an air-conditioned cell. He said Mr. Ghosn was not being treated unjustly and that prosecutors were following Japanese laws. A spokesman for Japan’s Ministry of Justice said officials at the Tokyo Detention Center and all correctional facilities in Japan “try to respect inmates’ human rights.”
Mr. Kitamura, Mr. Kelly’s lawyer, said each detainee was given a futon mattress to place atop a tatami mat and typically are not allowed pillows. Mr. Kelly was granted permission to have a pillow, Mr. Kitamura said, because of a chronic health condition.	Mr. Kitamura, Mr. Kelly’s lawyer, said each detainee was given a futon mattress to place atop a tatami mat and typically are not allowed pillows. Mr. Kelly was granted permission to have a pillow, Mr. Kitamura said, because of a chronic health condition.
In apparent desperation, Mr. Kelly’s son, Kevin Kelly, posted a message on Twitter to Vice President Mike Pence and the secretary of state, Mike Pompeo, asking for help releasing Mr. Kelly from the Tokyo detention center so that he can get neck surgery. According to Mr. Kelly’s lawyer, Mr. Harwell, his family is concerned that if he does not get surgery soon, he will suffer permanent nerve damage.	In apparent desperation, Mr. Kelly’s son, Kevin Kelly, posted a message on Twitter to Vice President Mike Pence and the secretary of state, Mike Pompeo, asking for help releasing Mr. Kelly from the Tokyo detention center so that he can get neck surgery. According to Mr. Kelly’s lawyer, Mr. Harwell, his family is concerned that if he does not get surgery soon, he will suffer permanent nerve damage.
According to Mr. Kitamura, a Japanese doctor conducted a medical examination and an M.R.I. scan on Mr. Kelly and consulted with his American doctor. The Japanese doctors will submit a request to the court later this week asking to release Mr. Kelly for medical treatment in the United States or Japan. Mr. Kitamura said representatives from the United States embassy have visited Mr. Kelly in jail.	According to Mr. Kitamura, a Japanese doctor conducted a medical examination and an M.R.I. scan on Mr. Kelly and consulted with his American doctor. The Japanese doctors will submit a request to the court later this week asking to release Mr. Kelly for medical treatment in the United States or Japan. Mr. Kitamura said representatives from the United States embassy have visited Mr. Kelly in jail.