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International critics on the pattern of criminal investigation in Japan have been proportional to the period of detention of Carlos Ghosn. The former chairman of Nissan's board of directors is since November 19 at the Tokyo Detention Center and has been detained for another ten days after a new complaint filed by the Japanese prosecutor's office.
The first two requests for an arrest related to an offense under the Financial Instruments Act and the most recent, a serious misconduct. Ghosn is accused of misbehavior on the part of Nissan.
Japanese prosecutors have brought new charges against Carlos Ghosn
It is suspected that he has hidden part of his income and has temporarily transferred to the company the losses resulting from personal investments and that He was recently charged with unduly receiving Americans. $ 9 million from the joint venture between Nissan and Mitsubishi Motors. He denied all the accusations.
On the 15th day, the executive of Brazilian origin was dismissed from an appeal on parole by the Tokyo court.
"Although Japanese justice is considered lenient by experts in the field of sentencing and incarceration (less than 5% of officially identified suspects are serving a prison sentence, for example) investigation was criticized inside and outside Eduardo Mesquita, a lawyer and doctor of commercial law at the University of Tokyo, member of the Brazil-Japan Comparative Law Research Group.
Critics question the lengthy period during which the suspect may be arrested without formal charge, limited access to lawyers and methods used during interrogation.
"They disrupt Mesquita
Before the filing of the complaint, the police have 48 hours to send the accused to the prosecution, who will then have 24 hours to suspect. ten-day detention is usually because the courts usually allow prosecution claims in 95% of cases, as was the case with Carlos Ghosn.
"In Japan, they interrogate the suspect until the next day." 39, they get confessions, "says Mesquita.
The wife of Ghosn sent a letter to the NGO Human Rights Watch in an attempt to reveal the conditions of arrest of her husband In the nine-page text, Carole Ghosn calls the Japanese judicial model a "hostage system" and argues that prolonged detention to obtain confessions is one of the main tactics of investigation. the accusation ".
"My husband's treatment is a case study worthy of the reality of this draconian system," he says.
"Every day, prosecutors interrogate him, intimidate him and reprimand him for the presence of his lawyers in order to obtain confessions," he says.
Last week, the former Nissan president was not present at the second hearing because of the high fever. According to Carole, the husband lost nearly three pounds in two weeks, with meals consisting mostly of rice and barley.
Carlos Ghosn can not receive family members, but has met with diplomatic representatives from Brazil, France and Lebanon.
In response to criticism, Japanese Chief Prosecutor Shin Kukimoto said at a press conference that "every country has its own (judicial) system based on its history and culture." I do not think it's appropriate to criticize a single country to have a different system. "
The Brazilian Jose (fictitious name), 30, remembers until today. every day he was arrested for questioning in a Japanese police station.
His 22 years in police custody resemble Carlos Ghosn, the mogul responsible for the Renault-Nissan-Mitsubishi Motors alliance. who sold more than 10.6 million vehicles in the world last year …
It's not the numbers that unite the two characters Jose was arrested while he was still a teenager and accused of participating in a car robbery in Yamanashi province.
"In any case, what the police want is confessions," said Jose. "For this, the researchers repeat the questions thousands of times, the psychological play is strong. "
Desperate, another Brazilian, heard the reporting on condition of anonymity, decided to invent a story during his pre-trial detention. The version being completely different from the indictment, the pressure of investigators on the accused has increased.
"During the interrogation, they repeated, repeated and repeated the questions, there was no physical violence, but they raised their voices, they sat down on the table, I've cried a lot at first, "recalls the boy, accused of trying to kidnap a child.
He was released for lack of evidence and received a cash value equal to the number of days spent in detention.
During the provisional arrest, the accused generally stays in a cell of three mattresses, with a toilet, sink and padding
"I even thought to call the court for moral damages, but I You are entitled to three meals a day and two baths a week. "In my case, the officer sometimes asked me if I wanted to leave and he took me to sunbathe in a corner of the police station. with a high wall, "remembers José.
On the 8th, Carlos Ghosn appeared in public for the first time, the time since his arrest in November, when he arrived in handcuffs with a rope. knotted around the waist, visibly thinner, and claimed to be innocent.
Defense lawyers sought liberty, which has already been denied by the judge because of the risk of flight of the defendant and destruction of evidence.
Justice has not yet decided whether it would accept the charges brought against the former Nissan president by prosecutors. If this happens, the trial should be held in the middle of this year.
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