The Japanese human-rights advocate Makoto Endo once said, "The Japanese
criminal trial is a puppet show put on by the prosecution. It is scripted
by the prosecution, the puppets are the prosecutors themselves and the
judges. The defendant and defense lawyer are bystanders in what is already
a forgone conclusion".The Japanese courts' 99.97% conviction rate seems
proof that the accused has practically zero chance of acquittal when led
into a Japanese courtroom.
If the Japanese courtroom really is a place of marionettes, incredibly,
Tokyo High Court officials now believe they can stretch the puppet strings
all the way to the small English town of Malmesbury, Wiltshire, some 30
miles North-East of Bristol.
Malmesbury is home to Iris Baker, 55, whose son, Nick, was arrested at
Tokyo's Narita Airport in April 2002 when MDMA and cocaine were found in
the false bottom of a suitcase. Nick was later convicted and sentanced to
14 years imprisonment at labour and a 5 million Yen (£27,000) fine at
Chiba District Court in June 2003.
On March 23rd 2004, some nine months after his conviction, Nick appeared
before the Tokyo High Court for the first hearing of his appeal. Soon
afterward, his supporters posted the following account of the hearing on
their website: (excerpted)
"A young female [court] translator was mostly inaudible. At times Nick
craned his neck and pressed forward over the desk, hand cupped round his
ear, in an attempt to hear better. But the translator could not see Nick,
as she was hunchbacked throughout her recital, her head buried in the
text. From the public gallery, not a square inch of her face was visible
as she mumbled into her desk. For some 45 minutes, the translator read
through the defense argument, completing 14 of the 33 pages before Judge
Tao instructed her to stop as time had run out.
At the end of the session, two of Nick's supporters surveyed people
exiting the courtroom, asking if they had clearly heard the translator.
Nobody had."
This is where the story gets interesting. Nick's family and supporters had
been aware for some time that the Japanese Ministry of Justice was closely
monitoring their support website. As an example, the following screen
provided by the website's tracking software records five Ministry of
Justice visits in a one month period between April 19, 2004 - May 19, 2004
("moj.go.jp" where 'moj' is Ministry of Justice, 'go' is 'government, and
'jp' is Japan):
The support network says this surveillance had been ongoing since shortly
after the site was put up in the summer of 2003 - in fact, one supporter
claimed that the MOJ seem to have spent more time monitoring the site than
Nick has had court-time. However, Iris Baker never dreamed the Ministry
would use their leverage (holding Nick captive with a 14 year sentence
hanging over his head) in an attempt to censor the site. But, soon after
the report critical of the translator appeared, the website received a
demand from High Court officials via Nick's legal team, who sent the
following e-mail message to the Justice for Nick Baker Website: (excerpt)
"Today we received a claim from High Court that your web site is too
aggressive to court translator? If you can revise your opinion regarding
court translator on web site, we sincerely appreciate it. We believe it is
too dangerous to make High Court angry."
Nick's family and supporters did not want to compromise anyone's position,
but they decided not to cave in to the court's demand for the removal of
what they considered an accurate account of the first hearing. The report
remained on the website, in defiance of the court's demand.
Then, on May 6th, just two working days before Nick's second appeal
hearing, the Tokyo High Court suddenly contacted Mr Miyake and told him
that the translator had "resigned," there was no replacement (Note that
Nick is not permitted to hire his own translator), and the hearing was
cancelled.
After two weeks of anxiously awaiting news, Nick was finally informed that
the second hearing of his appeal would be rescheduled for June 17. This
further delay meant that after waiting almost one year for the courts to
schedule his first appeal hearing (which lasted one hour), Nick has had to
wait almost three months for his second hearing. This is especially
troubling considering that Japanese courts do not give full credit for
time served in detention while awaiting or undergoing trial.
In an E-mail interview Iris Baker commented:
"The supporter's website is maintained by myself and a network of
volunteers. It is neither registered nor hosted in Japan, and the
following disclaimer appears (in both English and Japanese) on each page:
"This site was created by Nick's family and supporters. It is not edited
or controlled in any way by Nick's legal advisors or by Nick himself."
The Tokyo High Court has no business whatsoever contacting Nick or his
legal advisors regarding anything that is said on the site and for the
court to do so is nothing more than a wholly inappropriate attempt at
censorship - shameful and cowardly given the dynamic of the relationship
between a prisoner and his keepers. This pressure treads on the guarantee
of free speech enshrined in the Japanese Constitution. I will not take
down the website, I will continue to fight for a fair trial for my son and
will not bow to intimidation of this nature."