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21 December 2024

Lawsuit Exposes Coercive Tactics By Osaka Prosecutors

Footage reveals aggressive interrogation methods used against former real estate executive Shinobu Yamagishi.

Shinobu Yamagishi, the former president of Presansu Corporation, is taking legal action against the Osaka District Public Prosecutors Office, alleging illegal interrogation methods were used during the investigation of his alleged involvement in embezzlement. Yamagishi’s case has surfaced significant concerns about the practices of the prosecutors involved, particularly Daisuke Tabuchi, who was seen in court footage behaving aggressively during interrogations.

Yamagishi, who was arrested and indicted by the Osaka District Public Prosecutors Office’s Special Investigation Department back in December 2019, was embroiled in allegations surrounding 2.1 billion yen (approximately $19 million) worth of embezzlement tied to land transactions involving educational institutions. Following rigorous court proceedings, Yamagishi was eventually acquitted, but not without significant damage to his reputation and mental distress.

On March 20, 2023, during oral arguments for Yamagishi's lawsuit at the Osaka District Court, compelling video evidence was shown. The footage captured moments from Yamagishi’s interrogation by Tabuchi, who was recorded shouting commands and beratings at Yamagishi’s former subordinate, illustrating the intense pressure applied during questioning. "You think you can mess with the prosecutor?" Tabuchi was heard demanding, showcasing the aggressive interrogation methods employed.

The prosecution's tactics have raised eyebrows, not only within legal circles but also among the public. The fallout from the interrogation has led Yamagishi to seek compensation from the government, arguing the investigation was riddled with abuses of power. "If we do not reform the organization, issues like this will recur. I hope for accurate and fair judgment on this matter," remarked Yamagishi, reflecting the gravity of his situation.

The Osaka District Public Prosecutors Office, recognizing the backlash from the incident, disclosed on the same day as the court hearings, about prior investigations conducted by the Supreme Public Prosecutors Office. They reported findings of "inappropriate conduct" pertaining to Tabuchi’s questioning methods. Tomoko Tanaka, deputy prosecutor, stated, "The Osaka District Public Prosecutors Office has been notified of inappropriate conduct following inspections by the Supreme Public Prosecutors Office, and they have taken measures for guidance,” aiming to restore faith in their integrity and practices.

Yamagishi’s case is more than just about his compensation; it serves as a spotlight on the judicial processes within Japan and the rights of individuals under investigation. The fact Yamagishi was previously acquitted after two years of challenging legal landscapes stands out against the horrifying backdrop of coercive interrogation practices witnessed during the proceedings.

The footage presented during the court session has not only bolstered Yamagishi’s claims but stimulated broader discussions on legal ethics and reform. It raises questions not only about Tabuchi’s determination to secure confessions at any cost, but about the responsibility and accountability of those who wield power within the justice system.

Tabuchi, who faces disciplinary actions and criminal charges, signifies the seriousness of the judicial review process among prosecutors. His case could serve as both a warning and lesson to others within the judicial framework, balancing the need for rigorous prosecution against ethical responsibilities to the public.

With the lower court's decision scheduled for March 21, 2024, anticipation surrounds the eventual ruling. Whatever the outcome, it will likely set precedents for how aggressive interrogations are handled, the obligations of prosecutors, and how victims of legal malfeasance are treated moving forward.

Shinobu Yamagishi’s case invites scrutiny of processes and reforms needed within the judicial system, echoing the cries for fairness and justice for those caught within its wide-reaching arms. The broader cultural and systematic shifts desired within Japanese law enforcement and prosecution are loud and clear, as Yamagishi's story continues to reveal uncharted territories of legal oversight and accountability.

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