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Freedom is easy to take for granted – at least until it is withdrawn without notice.
Carlos Ghosn, then president of the alliance between Nissan Motor Co., Renault SA and Mitsubishi Motors Corp., was arrested on November 19 for alleged financial offenses.
Two days later, the Tokyo District Court ordered that Ghosn be detained for another 10 days, while prosecutors are investigating allegations that the 64-year-old has reported his salary package.
Ghosn has not had news since, which has led some to call him "Carlos the Phantom".
His arrest provides an opportunity to examine issues relating to the judicial process that suspects face once they are detained, where prosecutors have 23 days to decide whether or not to lay formal charges.
Foreign suspects are more likely to be detained for the duration of their detention, with prosecutors often seeing a risk of absconding.
Criminal defense lawyer Makoto Endo once said that Japanese criminal courts presumed "guilt until proven guilty". According to him, the purpose of the system was not to deliver justice, but to obtain a conviction.
After an arrest, the police initially have 48 hours to decide what to do with a suspect. In practice, agents always take fingerprints of suspects and collect a statement.
The police may decide not to pursue the case and let a suspect go. They could also release a suspect but still send the case to prosecutors. More likely, they will continue to detain a suspect and lay charges.
The next 24 hours are crucial for any case, with prosecutors using this time to decide whether or not to indict a suspect.
The Japanese criminal justice system is known for its conviction rate of 99%, although this figure is accurate only to the extent that it reflects the persons charged. Prosecutors rank about 50% of the cases they receive.
"Japanese prosecutors tend to take only slamming business," says David Johnson, author of "The Japanese Way of Justice."
During the first 24 hours, prosecutors generally request the detention of a suspect for an additional 10 days to ensure that the evidence is not destroyed or that the accused does not abscond. The court almost always accedes to this request.
Meanwhile, prosecutors can interrogate suspects up to eight hours a day without the presence of a lawyer. Many suspects are being held in a cell at a police station, although women in Tokyo are generally found in a police station in Harajuku that has heating and air conditioning.
Mobile phones and personal effects are confiscated after arrest and suspects have no access to a computer while in detention. They have no other way of communicating with the outside world than talking to their lawyer or visitors.
Suspects are allowed to receive up to three visitors at a time, but only one visit per day. Visits are only permitted on weekdays and are usually limited to 20 minutes. They are supervised by authorities and conversations during a visit can only be conducted in Japanese.
Suspects are usually allowed to shower every other day. The food served in detention has been described as bland and almost inedible.
If the suspects do not confess in the first 13 days, prosecutors usually ask for 10 additional days. The deposit is rarely granted.
"The lawyer of a suspect can apply for bail, but his request is usually refused if there is no confession," said defense lawyer Hiroyuki Kawai. "If a suspect does not confess, prosecutors will assume that he may be manipulating evidence that would convict them, assuming they are guilty at the outset. Confessions may bring a suspect out earlier, but they will certainly be prosecuted and convicted. "
At the end of 23 days, prosecutors must decide whether to indict a suspect or release him.
And even if a suspect is released, the police can arrest him again under different charges and the 23-day process starts from the very beginning.
Such a practice is commonplace in murder cases, where suspects are initially held in police custody for "unduly disposing of a corpse", interrogated for 23 days, charged and then re-arrested for homicide.
This technique is also used in high level business cases. Mark Karpeles, former CEO of Mt. Gox was arrested again at least twice in 2015 after refusing to confess. He has maintained his innocence and is still on trial … three years later.
One may wonder what avenue prosecutors will follow in the Ghosn case. Only time will tell.
Dark Side of the Rising Sun is a monthly column that takes a look back on the news in Japan.
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