With the lay judge system scheduled to be introduced by May 2009, a system should be developed to ensure that investigators¡¯ records of suspects¡¯ oral statements are trustworthy. Recent cases involving false confessions highlight the urgent need for such a system.

In Toyama Prefecture, a 40-year-old man from Himi was found guilty of rape in November 2002 and was sentenced to three years¡¯ imprisonment. He was released on parole in January 2005. Then another man arrested in connection with a different case confessed in November 2006 that he was the true criminal. The first man had initially denied the rape charges but then later accepted them. In a retrial that started in June, the prosecution sought an acquittal. A ruling is expected next week.

In Kagoshima Prefecture, 12 people were indicted for violating the Public Offices Election Law in connection with the April 2004 prefectural assembly election. But the Kagoshima Lower Court in February 2007 acquitted them, saying that investigators had intimidated them to obtain confessions. The prosecution decided not to appeal the ruling.

In a report on these two cases, the Supreme Public Prosecutors Office admitted that investigators had placed too much importance on obtaining confessions from suspects. The Supreme Court, the Justice Ministry, the Japan Federation of Bar Associations and the National Police Agency should agree on the creation of a system to make video and aural recordings of suspects¡¯ oral statements.

Since the 12 in Kagoshima Prefecture were detained for up to 395 days, the highest prosecutors office called for limiting detention to a more reasonable period of time. Legal professionals and lay judges must obey Article 38 of the Constitution, which in part says, ¡°Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence. No person shall be convicted or punished in cases where the only proof against him is his own confession.¡±