The release of former Nissan Motor Co. Chairman Carlos Ghosn on ¥1 billion bail after he spent 108 days behind bars following his arrest last November should provide people with an opportunity to stop and think about Japan's criminal justice system, in particular the phenomenon in which the accused can be detained for months, or even more than a year, before they stand trial.
Just as the charges — aggravated breach of trust and underreporting his executive income — against the man who successfully led the turnaround of a major automaker and headed the global Nissan-Renault-Mitsubishi Motors alliance drew heightened international media attention, the system that can keep the accused detained for extended periods after indictment — especially if they maintain their innocence — has been widely criticized as "hostage justice" aimed at forcing a confession.
After rejecting two previous bail requests by his lawyers, the Tokyo District Court this week granted bail to Ghosn under conditions meant to eliminate the chances of him fleeing the country or destroying evidence: Video monitors will be installed at the gate to his house and the recorded images will be submitted to the court; he will be prohibited from traveling overseas and his passport will be held by his defense counsel; his use of cellphones and computers for communications and accessing the internet will be restricted; and he will be barred from contacting people with links to the charges against him, such as Nissan executives. It is speculated that the court was influenced by the overseas criticism of his extended detention in responding favorably to the bail conditions offered by his new defense team.