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The multiple arrests and detentions of former Nissan chief Carlos Ghosn in Japan before drastically fleeing the country last year were “arbitrary”, UN experts ruled, urging Tokyo to pay him a compensation.
In an opinion dated late last week and severely condemned by Japan, the UN Working Group on Arbitrary Detention concluded that “the process of arresting and detaining Mr. Ghosn on four occasions was fundamentally unfair ”.
The working group, made up of five independent experts who do not speak on behalf of the United Nations and whose opinions are not binding, stressed that its conclusions did not relate to the charges against Ghosn, but only to the conditions surrounding his detention.
He ruled that the detention of the man, now 66, was “arbitrary” and also expressed concern that his bail conditions were “unusually strict”, particularly during the second period when he was released. He was forbidden from any contact with his wife, other than by lawyers.
Experts called on Tokyo to “take the necessary steps to remedy Mr. Ghosn’s situation without delay.”
“The appropriate remedy would be to grant Mr. Ghosn an enforceable right to compensation and other remedies, in accordance with international law,” he said.
The lawyers for the ex-chief of Nissan, François Zimeray and Jessica Finelle, welcomed the “courageous decision”, saying that it represented “a decisive turning point”.
But the Japanese government rejected the findings, saying it “deeply regrets” that the experts “delivered opinions based on limited information and biased allegations”, not “an exact understanding of the Japanese criminal justice system” .
“The opinion is totally unacceptable.”
Ghosn was arrested on allegations of financial misconduct in November 2018 as he got off his private jet in Tokyo.
He was released on bail after a few months, but was re-arrested three times, spending a total of 130 days in detention, before finally being smuggled out of Japan and fleeing to Lebanon, arriving in Beirut on the 30th. December.
Ghosn, born in Brazil, who also has French and Lebanese nationality, has denied the allegations made against him.
The UN working group does not have the power to force states to follow its decisions, but its decisions carry reputational weight.
In their opinion, the experts urged Japan “to ensure a full and independent investigation into the circumstances surrounding the arbitrary detention of Mr. Ghosn and to take appropriate measures against those responsible for the violation of his rights”.
He asked Tokyo within six months to tell him whether such an investigation had been opened and whether Ghosn had received compensation or reparations.
In its statement on Monday, the Japanese government said it would provide the task force with some details to help it correct a number of “obvious factual errors,” including the time Ghosn spent in detention without being brought before a judge.
But he stressed that it was not appropriate for the task force to examine the case, insisting that it was common to detain suspects who could destroy evidence or skip bail.
“Leaking a criminal trial, in violation of the conditions an accused pledged upon release on bail, is not tolerated in any national legal system.”
The findings of the task force, he warned, could “encourage those who stand trial to admit that flight can be justified and prevent the achievement of justice and the proper functioning of the criminal justice system in each country. “.
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