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2010/06/25

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Hiroshi Obayashi has taken office as the new public prosecutor general. This change of the nation's top prosecutor comes at a turning point for the judicial system and politics, and when the role of prosecutors has come under close scrutiny.

One year has passed since the citizen judge system was introduced. Prior to that, a system was established to enable crime victims to take part in the trials of offenders. In addition, legal revisions enable prosecution inquest committees to overturn decisions made by prosecutors, thereby reflecting the views and opinions of ordinary citizens on criminal justice.

All these changes are based on the notion that the people should lead the way in justice, and aim to create a judiciary that realizes and supports a judicial system that serves the public interest.

That means that prosecutors, as members of society, should work with the people. Seen from a broad perspective, these changes represent an earnest effort to develop and reform the nation's democracy.

The reality, however, has not caught up with that vision.

A series of false convictions have raised serious questions. In one rape and attempted rape case in Toyama Prefecture, a man was wrongfully convicted and imprisoned. Another man later confessed to the crimes.

In Shibushi, Kagoshima Prefecture, more than a dozen people were falsely indicted on charges of election fraud in a fictitious case that was fabricated by police.

In the Ashikaga Incident, a man was acquitted and released after spending more than 17 years of a life sentence for a 1990 murder in Tochigi Prefecture.

In the ongoing trial of health ministry officials over the alleged abuse of a postage discount system, the court rejected key depositions submitted by prosecutors as evidence. It was also revealed that a prosecutor played cards with a detained suspect, which suggests slack discipline among prosecutors.

Prosecutors should keep an open mind in questioning people and collecting evidence for their cases, while being keenly aware of their responsibility in prosecuting people. Every time a flawed investigation comes to light, prosecutors chant their mantra of "investigation and prosecution are done according to basic rules and principles." But they clearly need to reflect on whether their motto has become an empty slogan.

They must not cause public confusion through activities that flout the basic rules nor mislead lay judges so that they make a wrong decision, especially a wrongful conviction. They should squarely deal with growing calls to make the interrogation process "visible" to outsiders.

Prosecutors now face the challenge of regaining public trust, which is essential for their collaboration with ordinary folk. That was clear also in the investigation into the political funding scandal involving Ichiro Ozawa, former secretary-general of the Democratic Party of Japan. Still fresh in our minds is the heated debate that was unleashed over the way prosecutors rushed to investigate Ozawa only to eventually drop the case.

Under the Liberal Democratic Party's prolonged rule, prosecutors were supported by a huge majority of the people as the leading fighters against political corruption. In a new era of power transfers, however, prosecutors have come under public pressure to explain their actions following decisions that affected the fate of the government.

Some criticisms against prosecutors have been off the mark. Since their principal mission is to prove criminals guilty before the court, prosecutors should handle relevant information carefully.

Complying with the restrictions, they should answer as clearly as possible any legitimate questions raised by the people about the way they exercise their powers. Doing so demands new thinking and ingenuity from prosecutors. Such efforts would help narrow the distance between prosecutors and the public and enhance the foundation for their work.

Because of the nature of their job, prosecutors are protected from political intervention. As a result, the public prosecutors office is a state institution that is controlled most strictly by the logic of bureaucracy.

The new prosecutor-general should be aware of the risks involved in his position. Obayashi must make serious efforts to avoid self-righteousness and pay constant attention to public opinion.

--The Asahi Shimbun, June 24

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