{"id":1855,"date":"2026-08-22T18:19:31","date_gmt":"2026-08-22T16:19:31","guid":{"rendered":"https:\/\/ipcim.org.pl\/japan-wake-up-between-the-reputation-of-the-system-and-the-human-right-to-a-fair-trial\/"},"modified":"2026-08-22T18:19:31","modified_gmt":"2026-08-22T16:19:31","slug":"japan-wake-up-between-the-reputation-of-the-system-and-the-human-right-to-a-fair-trial","status":"publish","type":"post","link":"https:\/\/ipcim.org.pl\/en\/japan-wake-up-between-the-reputation-of-the-system-and-the-human-right-to-a-fair-trial\/","title":{"rendered":"Japan, Wake Up: Between the Reputation of the System and the Human Right to a Fair Trial"},"content":{"rendered":"
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An uncomfortable text about an uncomfortable system<\/h2>\n

Jake Adelstein\u2019s article, \u201cPresumed Guilty Until Proven Guilty: An Unpublished Chapter of Tokyo Vice,\u201d is not a neutral description of Japan\u2019s criminal justice system. It is a personal, strongly worded, and deliberately provocative piece of journalism. The author does not conceal his assessment of the system, and some of his language is intentionally sharp. <\/p>\n

That does not mean the article should be dismissed.<\/p>\n

\"Prawo<\/p>\n

On the contrary, it should prompt a serious discussion about whether a justice system can be considered fair merely because it operates according to established procedures. An equally important question is whether those procedures provide a genuine opportunity for defense, particularly for people who do not speak Japanese, do not understand the local legal system, and lack effective support. <\/p>\n

Read the full article by Jake Adelstein here:: Presumed Guilty Until Proven Guilty: An Unpublished Chapter of Tokyo Vice<\/i><\/span><\/a><\/p>\n

Adelstein describes the case of Nicholas Baker, a British national detained in Japan in connection with drug smuggling. According to the author\u2019s account, information existed suggesting the possible involvement of another person and a similar modus operandi abroad. Nevertheless, as the author argues, those circumstances did not result in a full examination of all relevant aspects of the case. <\/p>\n

It is not the role of the Institute to determine, on the basis of one article, whether Nicholas Baker was innocent. It is, however, the role of a human rights organization to ask whether he received a fair trial, whether he could effectively understand the documents he signed, and whether all relevant evidence was properly examined. <\/p>\n

That distinction is fundamental.<\/p>\n

A confession cannot replace evidence<\/h2>\n

One of the most troubling themes in Adelstein\u2019s article concerns the significance of confessions in Japan\u2019s criminal justice process.<\/p>\n

If a suspect is questioned for many hours, without counsel present, under conditions of isolation and uncertainty, and then signs a document written in a language he or she does not understand, a serious question arises as to whether that statement genuinely reflects the person\u2019s informed and voluntary decision.<\/p>\n

The problem is even more serious in the case of foreign nationals. A person may formally sign a document whose contents have been orally translated or summarized, while being unable to read the full text independently. If the interpretation is not recorded and the case file contains only a Japanese-language document, it may later be extremely difficult to verify what the document actually communicated to the suspect. <\/p>\n

This is not merely a technical issue. It concerns the very essence of meaningful participation in criminal proceedings. <\/p>\n

A signature is not proof of understanding. The formal presence of an interpreter does not always amount to effective linguistic assistance. Nor should a confession ever relieve state authorities of their obligation to examine evidence both for and against the accused. <\/p>\n

Foreign nationals must not be weaker participants<\/h2>\n

Every legal system should provide particularly strong protection to people placed at a communicational and cultural disadvantage.<\/p>\n

A foreign national accused in Japan may not understand:<\/p>\n