Latest news with #TokyoHighCourt
Kyodo News
9 hours ago
- Kyodo News
Police, prosecutors apologize to 2 men over illicit probe
KYODO NEWS - 2 hours ago - 20:13 | All, Japan Tokyo police and prosecutors on Friday apologized in person to two men over their wrongful arrest and indictment in 2020 in a case involving the suspected unauthorized export of sensitive equipment. The apology comes after the finalization last week of a Tokyo High Court ruling that ordered the metropolitan government and state to compensate Masaaki Okawara, president of Ohkawara Kakohki Co., and Junji Shimada, one of the company's former directors. Tetsuro Kamata, deputy superintendent general of the Metropolitan Police Department, and Hirohide Mori, head of the Tokyo District Public Prosecutors Office's public security bureau, apologized for the stress the men had to undergo due to the investigation during a visit to the head office of the Yokohama-based machinery maker. Okawara, 76, who was detained for nearly a year, said in response, "It would have been better if the apology had come much earlier." The family of Shizuo Aishima, a former adviser to the company who died in February 2021 at age 72 after falling ill during detention, was not present during the meeting. In a statement issued through their lawyer, the family said they "cannot accept an apology under the current circumstances." During the meeting, Kamata mistakenly called Shimada, 72, "Yamamoto," while Mori also referred to the company by the wrong name. Kamata told reporters afterward that authorities failed to thoroughly investigate the case, which involved the export of spray-drying apparatus that investigators suspected could be used in the process of making biological weapons. "We will review (the case) carefully without preconceptions," he said. The company has been seeking a third-party review of the investigation, but the police and prosecutors have expressed reluctance to accept such a probe. Okawara, Shimada and Aishima were arrested and indicted between March and June 2020 on suspicion of exporting spray dryers capable of producing biological agents without authorization. But the prosecutors withdrew the indictment in July 2021. In late May, the Tokyo High Court ruled the investigation of the three men was illegal and ordered the metropolitan government and state to pay about 166 million yen ($1.14 million) in damages to the plaintiffs. Related coverage: Compensation by Tokyo gov't, state finalized over illicit probe High court orders Tokyo gov't, state to compensate for illicit probe
Kyodo News
12 hours ago
- Kyodo News
Police, prosecutors apologize to 2 men over illicit probe
KYODO NEWS - 3 minutes ago - 20:13 | All, Japan Tokyo police and prosecutors on Friday apologized in person to two men over their wrongful arrest and indictment in 2020 in a case involving the suspected unauthorized export of sensitive equipment. The apology comes after the finalization last week of a Tokyo High Court ruling that ordered the metropolitan government and state to compensate Masaaki Okawara, president of Ohkawara Kakohki Co., and Junji Shimada, one of the company's former directors. Tetsuro Kamata, deputy superintendent general of the Metropolitan Police Department, and Hirohide Mori, head of the Tokyo District Public Prosecutors Office's public security bureau, apologized for the stress the men had to undergo due to the investigation during a visit to the head office of the Yokohama-based machinery maker. Okawara, 76, who was detained for nearly a year, said in response, "It would have been better if the apology had come much earlier." The family of Shizuo Aishima, a former adviser to the company who died in February 2021 at age 72 after falling ill during detention, was not present during the meeting. In a statement issued through their lawyer, the family said they "cannot accept an apology under the current circumstances." During the meeting, Kamata mistakenly called Shimada, 72, "Yamamoto," while Mori also referred to the company by the wrong name. Kamata told reporters afterward that authorities failed to thoroughly investigate the case, which involved the export of spray-drying apparatus that investigators suspected could be used in the process of making biological weapons. "We will review (the case) carefully without preconceptions," he said. The company has been seeking a third-party review of the investigation, but the police and prosecutors have expressed reluctance to accept such a probe. Okawara, Shimada and Aishima were arrested and indicted between March and June 2020 on suspicion of exporting spray dryers capable of producing biological agents without authorization. But the prosecutors withdrew the indictment in July 2021. In late May, the Tokyo High Court ruled the investigation of the three men was illegal and ordered the metropolitan government and state to pay about 166 million yen ($1.14 million) in damages to the plaintiffs. Related coverage: Compensation by Tokyo gov't, state finalized over illicit probe High court orders Tokyo gov't, state to compensate for illicit probe
The Mainichi
13 hours ago
- Politics
- The Mainichi
Senior Tokyo police, prosecutor apologize to machinery maker over illegal probe
YOKOHAMA -- Two top Tokyo police and prosecution officials apologized in person to current and former executives of machinery maker Ohkawara Kakohki Co. at the latter's office here on June 20, following a high court ruling recognizing the illegality of their investigations based on allegations the company was involved in illegal exports. Tetsuro Kamata, deputy superintendent general of the Metropolitan Police Department (MPD), and Hirohide Mori, head of the public security division of the Tokyo District Public Prosecutors Office, visited the company headquarters in Yokohama, Kanagawa Prefecture, to offer a direct apology to President Masaaki Ohkawara, 76, and former director Junji Shimada, 72. The visit came after the Tokyo High Court ruling deeming the investigations by the MPD's Public Security Bureau and the Tokyo prosecution office to be unlawful was finalized. Kamata bowed his head and stated, "We deeply apologize for the great anxiety and burden caused by the investigations. We are truly sorry." Mori also offered his apologies and added, "We will strive to exercise prosecutorial powers appropriately to ensure that such incidents do not occur again." President Ohkawara responded, "It would have been preferable for this apology to come at an earlier stage. I hope that you value those who testified in court and improve the organizations: good police and good prosecution." The MPD's Public Security Bureau arrested Ohkawara, Shimada and another individual in March 2020 on suspicion of illegally exporting equipment capable of being diverted to military use in violation of the Foreign Exchange and Foreign Trade Act. Tokyo prosecutors initially indicted them but subsequently dropped the charges in July 2021. While President Ohkawara and others had consistently demanded an apology from law enforcers, the MPD and the district prosecutors office had not complied on the grounds that the company had filed a state compensation suit. Their apology on June 20 came about four years after the charges against the company personnel were withdrawn. Apart from the apology, the company is also demanding that the police and prosecutors launch an investigation into their own probes with the involvement of third parties. While the MPD and the Supreme Public Prosecutors Office have announced that they will respectively examine the problems, they have suggested conducting internal investigations. The May 28 Tokyo High Court ruling recognized that the MPD's Public Security Bureau arrested the president and others by making a stretched interpretation of the Ministry of Economy, Trade and Industry's export control ordinance in a way that was far detached from international standards. "The Public Security Bureau's interpretation lacked rationality, and there were basic problems with their judgment regarding the establishment of the criminal charges," the court found. The court also ruled that the interrogations of Shimada by an inspector at the MPD's Public Security Bureau employed deceptive tactics leading to misinterpretation of ministerial ordinances. In regard to a temperature experiment on the equipment in question, conducted in an attempt to prove the unlawful export charges, the court acknowledged that the Public Security Bureau and the district prosecutors office neglected to conduct additional experiments while being aware of flaws in the initial experiment. Furthermore, the court ruled that the indictment by the district prosecutors office despite skepticism about the interpretation of the export control ordinance and the absence of extra experiments constituted "a case lacking charges for which the accused could be found guilty."
Asahi Shimbun
12-06-2025
- Politics
- Asahi Shimbun
Apology fails to dissipate anger, grief of falsely accused firm
The eldest son of Shizuo Aishima, former adviser to Ohkawara Kakohki Co., right, speaks at a news conference on June 11 in Tokyo's Chiyoda Ward. (Shota Tomonaga) For a Yokohama-based company falsely accused of exporting equipment that could be used to make biological weapons, the apology that officials had long sought finally came. However, anger and disappointment remain as one of the accused officials has passed away and the clock cannot be turned back to undo the damage. Five years and three months have passed since the arrest of three officials of Ohkawara Kakohki Co., a manufacturer and exporter of spray dryers, in March 2020. Their fight against the illegal investigation reached a major milestone on June 11 when the police and prosecutors declined to appeal a court ruling that the prosecution and arrests were illegal, and the award of damages to the three plaintiffs. The Tokyo Metropolitan Police Department also issued an apology. 'It's finally over. It's all over now. The word 'apology' has finally been uttered,' Masaaki Okawara, 76, the president of the company, said at a news conference. Since the Tokyo High Court ruled on May 28 that the investigation was illegal, Okawara and other plaintiffs had urged the MPD and the Tokyo District Public Prosecutors Office not to appeal the case. More than 40,000 signatures were collected online in support of their effort. 'So many people are saying, 'It is not right to appeal,'' Okawara said. 'I thought I had no choice but to ask them to make up their minds' to abandon the appeal. Junji Shimada, 72, a former board member of the company, said, 'The clouds in my mind have cleared. It has been seven years since we faced a criminal investigation. It's finally cleared up.' Shizuo Aishima, a 72-year-old former company adviser, was arrested and indicted along with Okawara and Shimada. Aishima was diagnosed with stomach cancer while in custody and died before the prosecutors withdrew the indictment. Shimada said he and Aishima promised each other when they submitted to voluntary police interviews, 'Let's have a drink together when this is over.' Before going to the news conference on June 11, Shimada visited Aishima's grave and in front of the marker, he said he fulfilled the promise. APOLOGY CAME 4 YEARS LATE At the news conference, a number of questions were raised about the response of the police and prosecutors. By not appealing the Tokyo High Court ruling, the award became finalized. In response, the police and prosecutors announced that they will conduct a review of the investigation at that time. However, no third-party person is included in the police and prosecutors' verification teams. Neither organization has estimated how long it will take to verify the investigation. Tsuyoshi Takada, a lawyer representing the plaintiffs, said, 'Internal verification is highly questionable in terms of transparency and fairness.' He said that the company will continue to seek verification by a third party. The police and prosecutors also indicated their intention to apologize directly to Okawara and others in the future. But Aishima's eldest son, 51, who attended the news conference, angrily said, 'By right, they were supposed to apologize three years and 10 months ago, when they withdrew the indictment.' The grieving son said, 'Time has passed, but my anger has not dissipated.' 'I can no longer tell my father that (they abandoned the appeal). I want them to turn back the clock.' POLICE ADMIT FLAWED INVESTIGATION Representatives of both the MPD and the Tokyo District Public Prosecutors Office spoke to reporters on June 11. Hiroshi Nakashima, head of the Public Security Bureau of the MPD, said, 'At the very least, there was a problem with the conduct of the investigation.' He said, 'There is no doubt that the investigation was not thoroughly conducted in a precise and appropriate manner, and we will examine the situation.' He also said he 'will make arrangements as soon as possible' to offer a direct apology to those involved. Junichiro Kan, a counselor in the MPD who is in charge of overseeing the verification team, said, 'We will proceed as quickly as possible under the guidance of the inspectorate division,' and that punishment will be considered 'based on the results of the review.' On the other hand, Takashi Shinkawa, deputy chief prosecutor of the Tokyo District Public Prosecutors Office, explained to reporters the reasons for abandoning the appeal for about 45 minutes. Shinkawa said, 'We take very seriously the fact that the detention request and prosecution were found illegal twice in the lawsuits.' However, Shinkawa declined to give details about reviewing the case, citing that the Supreme Public Prosecutors Office, a higher authority, will conduct the review. Hiroshi Yamamoto, deputy chief prosecutor of the Supreme Public Prosecutors Office, also spoke to reporters. Yamamoto said that he will lead the review process, but that the scope of the interviews has not been specified at this stage. VOW TO NEVER HAPPEN AGAIN Yoshinobu Kusunoki, commissioner-general of the National Police Agency, spoke about the case at a news conference on June 12. 'It is extremely regrettable that the plaintiffs and other parties involved have suffered so much hardship and burden, and that public trust in the police has been undermined, and the National Police Agency takes this matter very seriously,' he said. He said the NPA will ensure that a similar illegal probe will not be repeated in future investigations by the public security bureau of the police. On June 11, the NPA issued a notice to each prefectural police urging them to ensure that they conduct precise and proper investigations and that senior officers take the lead in investigations conducted by the public security bureau. Regarding the probe of the case to be conducted by the MPD, Kusunoki said that the NPA 'will provide the necessary supervision to ensure that it is conducted properly.' Based on the results, the NPA will also compile points to keep in mind in investigations and measures to prevent a recurrence, and will strengthen and thoroughly instruct prefectural and metropolitan police, he said. (This article was compiled from reports written by Noriki Nishioka, Saori Kuroda, Hiraku Higa, Koichi Fujimaki, and senior staff writer Shimpachi Yoshida.)
Japan Forward
12-06-2025
- Business
- Japan Forward
Acquittal of TEPCO Executives Not to Encourage Complacency
このページを 日本語 で読む Tokyo's High Court has dismissed the claims of shareholders in a lawsuit they filed seeking compensation from former senior managers of the Tokyo Electric Power Company (TEPCO). Plaintiffs had argued that senior executives were responsible for the 2011 major accident at the Fukushima Daiichi Nuclear Power Station. The accident followed the massive March 11 Great East Japan Earthquake and tsunami. A lower court ordered four former executives to pay more than ¥13 trillion JPY ($89.5 billion USD) in damages. But the High Court overturned that ruling and did not recognize any legal liability on the part of the former executives. That was the correct decision. TEPCO management's response to the "long-term assessment" was the main point of argument. That report was published by the government's Headquarters for Earthquake Research Promotion in 2002. Based on this assessment, a subsidiary of TEPCO estimated that a tsunami of up to 15.7 meters could reach the nuclear power plant. From this, the shareholders argued that the former executives knew about the possibility of a massive tsunami but failed to implement adequate safety measures. Decommissioning work is shown at Unit 1 of the Fukushima Daiichi Nuclear Power Station. In response, the Tokyo High Court ruled that to prevent any possibility of an accident, the nuclear plant would have had to be shut down and construction of tsunami countermeasures ordered. However, the long-term assessment in and of itself was insufficient as a basis for issuing such an order. The court concluded that the former executives' lack of a sense of urgency about the risk of a tsunami was only to be expected. Electric power companies are legally obligated to supply electricity. Unless the long-term assessment had sufficient credibility based on clear evidence, it would have been difficult to stop operations. Consequently, the court concluded it was difficult to hold the former management team legally responsible for the disaster. This latest ruling is in line with a previous Supreme Court decision concerning a related criminal trial. A lay prosecution committee had indicted the former TEPCO executives on charges of professional negligence resulting in death and injury. In its March 2025 decision, the Supreme Court ruled that the former executives were innocent. The court declared that the "opinion of the long-term assessment cannot be said to have been information of a nature that would lead people to recognize the realistic possibility of a tsunami attack." Therefore, the Tokyo High Court ruled that the former TEPCO executives were innocent of the charges. Moreover, the ¥13 trillion in compensation ordered by the first trial court is an astronomical amount. It exceeds the ability of individuals to pay and is totally unrealistic. A massive tsunami hits Northeast Japan following the 2011 Great East Japan Earthquake . Nevertheless, power companies that own nuclear power plants must be aware of their heavy responsibility to prevent accidents. They have a duty to make every effort to implement safety measures. The Fukushima Daiichi nuclear accident was a radioactive disaster unprecedented anywhere in the world. Multiple reactors were simultaneously damaged. At the height of the crisis, around 160,000 people were evacuated, and residents of nearby areas suffered various forms of severe damage. For a resource-poor country like Japan, nuclear power is a core power source essential for our energy security. But if we are to make effective use of nuclear power, it is necessary to nip risks in the bud by implementing thorough safety measures. Electric power companies should always keep this point uppermost in mind. Author: Editorial Board, The Sankei Shimbun このページを 日本語 で読む
