Introduction
Human Rights Watch (headquartered in New York City; founded in 1978) is an international human rights organization that monitors human rights in more than 100 countries in light of international human rights and humanitarian law. Human Rights Watch publishes more than 80 reports annually and conducts advocacy efforts calling on governments and relevant actors to address human rights violations.
I began my career as a lawyer in Tokyo in 2000. After studying in the United States, I established the Tokyo office of Human Rights Watch in 2009 and have since served as its Japan director.
After publishing the report described below, Human Rights Watch has been collaborating with Innocence Project Japan (hereinafter “IPJ”) on the “End ‘Hostage Justice’ in Japan Project,” with the aim of implementing these policy recommendations.
The term “hostage justice” in this article refers to the arrest, indefinite detention and interrogation of accused persons that violate international human rights standards.
Human Rights Report on “Hostage Justice”
In May 2023, following three years of research, Human Rights Watch published a 101-page report, “Japan’s ‘Hostage Justice’ System: Denial of Bail, Coerced Confessions, and Lack of Access to Lawyers,” in English and Japanese. It is based on interviews conducted across Japan with 30 people, including former suspects, experts and suspects’ family members.
Based on accounts from victims, Human Rights Watch highlighted Japan’s system of prolonged physical confinement, and the extremely limited granting of bail. It addresses coerced confessions resulting from lengthy interrogations conducted without the presence of a lawyer, as well as issues such as prohibitions on communication with family members and others and mistreatment during detention. The researchers found that Japan’s pretrial criminal justice system violates international human rights law and standards and proposed a series of legal reforms.
Confronting Japan’s “Hostage Justice” System
Among our many initiatives at Human Rights Watch in Japan, the “hostage justice” report holds a particularly deep personal significance for me. Early in my career, I was co-counsel in a case involving a wrongful accusation of groping.
As a woman, I had been a victim of such sexual abuse incidents on multiple occasions. I therefore, in the beginning, had complex feelings about defending the accused. However, through meeting the suspect, Mr. K (an office worker and a father of two young children), my perspective shifted, as I witnessed first-hand the brutality of prolonged detention. Having been mistaken for a groper by a high school girl on a crowded train one morning, he believed that with due explanation to the police, he would be released immediately. Instead, he spent three months of detention with repeated denial for bail, and I saw him wither away in despair during the process.
Mr. K was given a suspended sentence, and his suffering left an indelible mark on me as a young lawyer, exposing the stark disconnect between the principles and practice of criminal procedure law. Most important, it seared into me the injustice and cruelty of the “hostage justice” system, which employs the use of physical detention, while urging the accused to “confess,” even if that confession is false.
Advocating Reforms with Innocence Project Japan
The report included detailed recommendations for specific institutional reforms. However, it was unlikely that Japan’s Justice Ministry would initiate reforms based solely on the report’s recommendations Thus, in June 2023, Human Rights Watch partnered with IPJ in a project called “End ‘Hostage Justice’ in Japan.”
This project functions as a framework for advocacy efforts and raising public awareness to galvanize public opinion around this serious abuse. As an initial step, we held an event, “Reflecting on Hostage Justice” in Osaka. Yukio Hashiguchi, creative director at Dentsu and one of Japan’s leading copywriters, created the campaign title pro bono, in hopes of generating public interest.
The project is carrying out the following activities.
Advocacy at the Ministry of Justice
Human Rights Watch believes in first presenting findings to relevant ministries and agencies. Meetings are rarely refused, and in recent years, dialogue and collaboration with nongovernmental organizations has increasingly been perceived by government agencies as part of administrative duties.
However, securing a meeting with the Criminal Affairs Bureau of the Justice Ministry proved difficult. Although we requested a meeting, the response we received merely stated that “the Ministry of Justice is not involved in your organization's research, and we are very sorry that we cannot respond to it as it is difficult to responsibly provide our opinions on your research results, including the facts.” A few months later, thanks to the assistance of an influential figure connected to the Public Prosecutor’s Office, we managed to secure a single meeting, but it has not led to ongoing dialogue.
This was disappointing because it was so different from our advocacy efforts with other ministries, or other matters within the Justice Ministry. I could not help but feel that we would not be able to persuade officials to bring about even the slightest change. The Ministry of Justice has thoroughly examined the issue of hostage justice, and detailed counterarguments are provided in Q&A format on their website. Consequently, the officials’ responses followed that line of reasoning.
Both the responses and the system itself are set in stone, and I sensed absolutely no possibility of change from within. At this point, I had no choice but to feel that this system would not change unless some powerful external force came into play, such as the Diet amending the law, the courts changing their interpretation, or public opinion boiling over to force internal reform.
As we had seen in the extreme difficulty of even scheduling meetings and the stricter closed-door practices of committees tasked with reviewing practices for detention and interrogation compared to other ministries and agencies, the Criminal Affairs Bureau of the Ministry of Justice is notably closed off, and this is likely one of the reasons why the “hostage justice” system has not been reformed.
Advocacy at the National Diet
Given the inherent difficulty in initiating dialogue with the Justice Ministry, the “End ‘Hostage Justice’ in Japan Project” chose the National Diet as its main place for advocacy. Human Rights Watch and the Innocence Project have met individually with approximately 60 lawmakers across parties in roughly two-and-half years since the project began. We have explained the realities of “hostage justice” and the recommendations in the report, advocating institutional reform. Through this dialogue, we aim to stimulate debate within the Diet and translate policy recommendations into concrete action.
We have been organizing annual events at the Diet since 2023. For the first event in November 2023, we invited 23 hostage justice survivors and their families, including Atsuko Muraki, wrongfully accused in a postal fraud case, and Shinobu Yamagishi, wrongfully accused of embezzlement to share their stories. A total of 190 people gathered there, including eight Diet members—four additional members sent messages of support.
The second event, in March 2025, was titled “How should the judicial system change after the case of Iwao Hakamata?” The keynote speaker, Hideko Hakamata, shed light on the reality of the harm caused by “hostage justice,” which has persisted for 60 years since the case of her brother, Iwao Hakamata, a boxer who was convicted of murdering a family of four and sentenced to death. The event also focused on the impact of hostage justice on the Japanese economy, drawing a crowd of approximately 220 people, including 23 speakers and 17 Diet members. Many Diet members expressed strong support.
The Hakamata case is emblematic in exposing the abuses linked to “hostage justice.” Hakamata, who consistently maintained his innocence, was coerced into a confession 20 days after his arrest, following harsh interrogations conducted under detention. Although he later retracted the confession, a written record of his confession was admitted as evidence, and in 1968, he was sentenced to death based on this “confession.” In 2024, he was acquitted after a retrial, and the ruling dismissed the confession as being obtained through inhumane interrogations.
Masahiko Shibayama of the Liberal Democratic Party stated at the event that, “I will give sincere consideration to your concerns and pledge to continue working tirelessly toward the revision of criminal law.”
Tomomi Inada, also of the Liberal Democratic Party, said at the event that “I believe various problems do indeed exist with what is known as ‘hostage justice.’ As mentioned earlier, since humans are inevitably prone to error, I do not believe we should be bound by a high conviction rate of 99.9 percent.” She also said that, “I believe that making improvements from the initial stages of investigation, including the presence of defense counsel will be a crucial measure for preventing wrongful convictions.”
Takae Ito of Komeito, drawing on her experience as a lawyer stated, “I was deeply struck by just how many challenges ‘hostage justice’ poses and how fundamental an issue it is. I am convinced that it is an indisputable fact that hostage justice is one of the major factors leading to wrongful convictions.” She added, “It is not enough to simply understand the current situation; people must truly grasp the reality that such a critical situation exists in Japan. I believe this is the most critical challenge we must address.”
The third event, held in March 2026, was titled “How should the judicial system change after the case of Ohkawara Kakohki Co?” The event, featuring keynote speeches by the company president, Masaaki Okawara, and Junji Shimada and the eldest son of Shizuo Aishima, who were detained for nearly a year on false charges involving exporting alleged military equipment, explored themes of families and hostage justice, and business and hostage justice. It gathered 26 speakers and 160 attendees, including 14 Diet members—four additional members sent messages of support.
Takako Suzuki of the Liberal Democratic Party, speaking from her perspective as a family member of a victim of the hostage justice system, described her experience as “nothing short of a living hell.” She added, “When I think that there are people being subjected to this very moment, I feel we must, at all costs… ensure that this is firmly safeguarded by law through revising the retrial system.”
Tomoharu Kosho, also of the Liberal Democratic Party reflected on the Okawara Kakoki Co. case and his own experience as a lawyer. He described repeated rejections of bail requests by the prosecution but also by the courts, which “have endorsed and tacitly approved this, [and] bear significant responsibility.”
Kee Miki of the Japan Innovation Party addressed how detention continues even in cases where there appears to be no risk of flight or destruction of evidence, stating, “It is important to firmly recognize this as a human rights issue and work toward a solution.”
As the number of questions at the Diet regarding “hostage justice” have increased, we have published a database compiling these questions and newspaper editorials on the project’s website.
A landmark hearing on criminal justice reform took place in March 2025 at the House of Representatives Committee on Judicial Affairs. Among those who testified were Junji Shimada, Atsuko Muraki of the postal fraud case, and as former judge Toshiaki Fujii, following the timely release of his influential paper titled “On Reasonable Grounds to Suspect the Destruction of Evidence.” This hearing served as a vital opportunity for victims and former judges to speak directly to the Diet.
In September 2025, the Komeito Party called for an independent, third-party re-investigation into the Ohkawara Kakohki Co. case to the Justice Ministry and the National Police Agency. This was a direct result of ongoing meetings between the victims and the party’s lawmakers, through which they consistently highlighted the systemic issues and the inadequacy of the original investigation.
Advocacy at the Supreme Court
Although we requested a meeting at the Supreme Court immediately after the publication of the report in May 2023, it did not take place. In October 2025, our groups expressed support for the Supreme Court’s plan for a training session for judges on bail practices, scheduled for 2026. We also urged the court to hold a hearing with “hostage justice” victims, particularly those from the Ohkawara Kakohki Co. case, which was reported to have prompted the session and request for a meeting. Unfortunately, the Supreme Court again declined to meet with us, and there has been no confirmation that the victims’ experiences were shared during the training session.
Engaging the Business Sector and International Community
The “End ‘Hostage Justice’ in Japan Project” has also expanded its outreach to the business sector and the international community. In addition to the damage to Japan’s international reputation following the high-profile arrest of former Renault and Nissan head Carlos Ghosn, who was detained for 108 days and then another 21 days for financial misconduct allegations, we have highlighted the reality that corporate offenses are often treated as organized crime, leading to prolonged detention of the person accused and a prohibition on all communication by the accused with family members and others. We have pointed out the difficulties in preparing a defense and the significant damage inflicted on companies immediately following an arrest and are urging the business sector to address these issues and work toward reform.
Given the slow pace of reform by the Japanese government, we believe international pressure and attention are indispensable. We have consistently shared information through meetings and study sessions with embassy officials of various governments. Considering that foreign nationals are often at a greater disadvantage due to linguistic barriers and residency status, we have called for international engagement from the vantage point of protecting their own citizens in Japan. At “Guilty Until Proven Innocent,” an event organized by the Asia Society, Junji Shimada and Marcus Cavazos, who was falsely accused of smuggling stimulants shared their firsthand experiences.
Media Outreach and Appealing to Public Opinion
The “End ‘Hostage Justice’ in Japan Project” has been actively conducting outreach to journalists, based on the idea that public opinion supports reform, and that the media are indispensable for raising public awareness.
The Project has held three news conferences at the Judicial Press Club in Tokyo. In March 2024, the “Hostage Justice and Medical Care in Penal Institutions” news conference was held ahead of the ruling regarding the case of Shizuo Aishima, a former adviser to Ohkawara Kakohki Co., who died from stomach cancer. Aishima’s family and the wife of Katsuzo Nakamura, a tax accountant who died after his pancreatic cancer progressed during prolonged detention, spoke about the distress caused by denial of bail and the inadequate medical care during detention. Professor Kazumasa Akaike of Ryukoku University explained the issues regarding medical care in penal institutions.
“The Hakamata Case and Its Relation to ‘Hostage Justice,’” news conference was held in October 2024, following the acquittal of Iwao Hakamata in September. During the news conference, we highlighted that the causes of wrongful convictions lie not only in fabrication of evidence, which has long drawn public attention, but also in “hostage justice.”
We have also been running newspaper advertisements. At the suggestion of Yukio Hashiguchi, the copywriter who is the originator of the project title, we have placed newspaper advertisements for three consecutive years since 2023, to mark International Wrongful Conviction Day on October 2. The designs were created on a pro bono basis by a team led by Satoru Iwashita, an art director at Dentsu and one of Japan’s leading advertising creators. On October 2, 2025, a full-color, double-page spread advertisement was featured on the morning edition of the Chunichi Shimbun (Tokai Edition). It featured the catchphrase “In this country, even false charges can be rewarded,” highlighting the structural nature of the issue.
This advertisement garnered a wide response, spreading to other media platforms and social media, and catching the attention of the creative industry. The 2023 advertisement, titled “The truth can be bent,” received the Bronze Award at the 2024 ACC Tokyo Creativity Awards.
Collaboration with “Hostage Justice Survivors”
A consistent pillar throughout the drafting of the report and at every stage of the advocacy process, has been our collaboration with victims who have experienced “hostage justice,” the “hostage justice survivors.” The unjust and harsh human rights violations they endured are the driving force that moves public opinion and policy.
On the website of the “End ‘Hostage Justice’ in Japan Project,” we have continued to share the cases of Koki Takatsu, who was wrongfully accused of being responsible for the death of his infant child, Shinobu Yamagishi, Atsuko Muraki, Shizuo Aishima, and Yamato Eguchi, who was accused of inducing his client to make a false statement regarding a car accident. At the annual event held at the Diet, survivors speak directly to lawmakers and to society about their experiences.
I also hold deep respect for the survivors and legal teams who have taken the courageous step of filing lawsuits against the government. Within a system where it is structurally difficult for one judge to condemn another judge’s denial of bail, even when that denial violates the Constitution and international human rights law, lawsuits challenging “hostage justice” have long been absent.
That silence was broken in June 2024 by Tsuguhiko Kadokawa’s “Hostage Justice Unconstitutionality Lawsuit,” and by the first collective action, “End Hostage Justice Lawsuits” in March 2025. It is the voices of survivors, who have stood up with resolve, which drive reform forward. The project will continue to work persistently, together with hostage justice survivors, toward ending “hostage justice.”
Conclusion
This article examined advocacy for policy reform as part of recent developments on “hostage justice.” Since opening its Tokyo office in 2009, Human Rights Watch has published reports on human rights conditions in Japan, such as for children in alternative care, LGBT rights, prison conditions, and corporal punishment in sports, which have led to certain institutional reforms. Compared with these projects, I find advocacy on “hostage justice” over the past three years to be unique. I would like to share my personal views on two points.
First, this issue is administered by the Ministry of Justice, particularly in the Criminal Affairs Bureau. In many other ministries in Japan, bureaucrats who join the ministry at a young age will later take on legislative roles and design policies that incorporate diverse perspectives while maintaining a certain distance from the interests of those on the front lines. In contrast, at the Ministry of Justice, it is generally understood that officials who join the ministry directly rarely reach the highest-ranking positions, and that former prosecutors occupy a large share of senior leadership posts.
Especially in the Criminal Affairs Bureau, there is a structural conflict of interest. Public prosecutors, who are themselves a party to criminal proceedings, are responsible for drafting criminal law bills and designing criminal justice systems. As a result, institutional reforms that would constrain investigative powers are less likely to emerge. In addition, there are inhibiting factors not seen in other ministries, such as a lack of openness toward civil society and the media, low transparency in advisory councils and similar bodies, and the chilling effect of prosecutors’ “media blacklisting.” Institutional reform within the Ministry of Justice itself is most likely necessary.
Second is the dysfunction of the legislature. If the bureaucracy fails to reform itself, the Diet, “the highest organ of state power,” should take corrective action through legal amendments and other measures. In practice, many social issues have been successfully addressed through the leadership of Diet members.
Yet the Diet has not adequately fulfilled its role with respect to “hostage justice.” While the legislature bears responsibility for inaction, the underlying cause lies in the excessively powerful authority of prosecutors and the police. If politicians challenge the core of this power—arrests, detention, and prolonged closed-door interrogations—it is impossible to rule out the fear that one might be targeted in investigations as retaliation. In fact, many politicians, including influential Diet members, have been investigated by the Special Investigation Department of the Public Prosecutors Office or the police, and have been arrested and detained. There have also been numerous cases in which the “picture” of a crime painted by the Special Investigation Department turned out to be completely baseless, yet the individuals involved were nonetheless forced to endure lengthy physical detention.
In principle, it is healthy for law enforcement to investigate powerful figures, including leading politicians. However, because Japan operates under a “hostage justice” system. Individuals can lose their social and political careers even at the pretrial stage of arrest and detention. Moreover, preparing for trial while under arrest or detention is extraordinarily difficult, making it nearly impossible to mount a proper defense. As a result, it is difficult for influential politicians to exercise leadership on reforming “hostage justice,” and the system remains unchanged, perpetuating a vicious cycle.
To break this cycle, what is needed is the courage of politicians driven by a strong sense of mission, backed by public support. Nongovernmental organizations, the media, and citizens should speak out, demand action from politicians, and continue to support those politicians who respond by taking action.
I will conclude with the words of attorney Gohara Nobuo, a former prosecutor, from the opening of the report. “You are basically held hostage until you give the prosecutors what they want. This is not how a criminal justice system should work in a healthy society.”
For Japan’s next generation, and for Japan to “occupy an honored place in an international society,” we must put an end to “hostage justice.”
