LDP Forgoes Approving New Retrial Reform Draft Bill

Tokyo, May 7 (Jiji Press)–Japan’s ruling Liberal Democratic Party on Thursday forwent approving a modified draft of a Justice Ministry bill that bars public prosecutors from appealing court orders to start retrials “in principle.” The modified draft of the criminal procedure law revision bill aimed at revamping the nation’s retrial system stipulates in a supplementary provision that prosecutors must not appeal against retrial decisions but adds that this does not apply when there are sufficient reasons to overturn such court rulings. An earlier draft, shown to the party last month, stated that appeals are possible when there were sufficient reasons. The latest draft was presented to a joint meeting of the LDP’s Judicial Affairs Division and Research Commission on the Judiciary System on the day, but many attending lawmakers demanded that the ban on appeals be included in the main text of the planned bill. “We are all but aligned on banning prosecutors’ appeals in principle, but we need to coordinate with the government on whether to make this a supplementary provision or a main provision,” former Justice Minister Keisuke Suzuki, who chairs the LDP commission, told reporters after the meeting. He said he will call on the Justice Ministry and the Cabinet Legislation Bureau to consider whether the ban can be included in the main text. The LDP will hold another joint meeting of the two party organs to discuss the matter Monday, aiming to reach a consensus. The government is seeking to submit the bill to the Diet, Japan’s parliament, in mid-May to secure its enactment during the current Diet session, which is slated to run until mid-July. However, it is uncertain whether a new draft can be drawn up as some in the ministry strongly oppose including the ban on prosecutors’ appeals in the main text of the legislation. In Thursday’s LDP meeting, a participant pointed out that a provision allowing prosecutors to challenge retrial rulings remains in the bill’s main text and said, “Victims of false convictions would not be rescued if (the law is) operated in almost the same way as now.” Another said that it is “legally strange” to stipulate such an important matter as a supplementary provision, not as a main provision. Meanwhile, the Justice Ministry removed a new draft provision allowing courts to reject retrial petitions in pretrial screenings for cases in which there is clearly no ground for a retrial, in light of concerns about a possible increase in the number of petitions that would be dismissed. Also on Thursday, a civic group opposing the current Justice Ministry bill held a protest rally in front of parliament, demanding a ban on prosecutors’ appeals against retrial decisions as well as the withdrawal of a plan to prohibit the use of evidence disclosed during retrial petition proceedings for purposes other than the original intent. The protest began at noon and was attended by some 50 people. “We must never let another person suffer like my father,” said Koji Sakahara, 65, the first son of Hiromu, who died of illness in prison at the age of 75 while petitioning for a retrial. A ruling to grant a retrial for Hiromu, who was given an indefinite sentence over a 1984 murder-robbery case in Shiga Prefecture, western Japan, was finalized in February this year. The son called for a complete ban on appeals against retrial rulings. END [Copyright The Jiji Press, Ltd.]