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There’s nothing pleasant about being detained by the police. But it’s doubly unpleasant when you know you haven’t done anything wrong. It’s even worse when you’re in a country that can detain you practically indefinitely. That’s what happened to one poor guy in Osaka whom police mistakenly identified as an online stalker.
Online impersonation leads to apprehension
The man, who’s in his 20s, found himself involuntarily dragged into a crime when someone pretended to be him to harass someone online. In March, a young woman went to police saying that a man on a social media app sent her a direct message threatening to send sexual images of her to his friends.
After some leg work, the police swooped in and arrested the Osaka man on April 12th. On May 5th, they arrested him again – this time under Japan’s revenge pornography law.
Each arrest allowed police to hold the man for up to 23 days. As a result, he ended up spending a total of 40 days in custody, as police said he couldn’t produce a suitable alibi. The man denied any involvement in the crime.
After his release, police confirmed that a different person sent the messages and apologized to the man for ruining his life. No word yet on whether the gentleman plans to sue.
The long arm of the Japanese law
Double arrests are a common tactic used by Japanese police to lengthen a suspect’s stay in custody. In Japan, police can hold a suspect on a single charge for 23 days. They can then re-arrest the suspect on a new charge (often just a variation of the original charge) and reset the 23-day clock.
Once formally charged, prosecutors can ask courts to extend a suspect’s detention repeatedly for 30 days. This leads to suspects remaining in police custody for months.
The most famous case internationally is that of former Nissan chairman Carlos Ghosn. After prosecutors charged him with financial misconduct, they held him for 108 days. Ghosn eventually fled Japan in a dramatic escape, hiding in a box and flying out on one of his private jets.
An even more dramatic example is the Kagoikes, Yasunori and Junko. Prosecutors accused the couple of fraud surrounding land purchased from the government for their school. The arrest was a huge scandal for the Kagoike’s friend, former Prime Minister Shinzo Abe, with political opponents accusing Abe of using his power to help the Kagoikes falsify documents.
Prosecutors ultimately held the Kaogikes for 10 months. The couple sent Carlos Ghosn a blanket in jail to express their sympathies.
What to read next
99.9%: Is Japan’s High Conviction Rate a Product of “Hostage Justice”?
Sources
SNSのなりすまし見抜けず 無関係の男性2度誤認逮捕、40日勾留. Asahi Shimbun
Carlos Ghosn released on bail after 108 days in Tokyo jail. Nikkei Asia
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