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Letter to The Economist
February 14, 2007 3:06 PM
By Sarah Ludford MEP and Sabine Zanker, Head of Legal Team at Fair Trials Abroad
By Sarah Ludford MEP and Sabine Zanker, Head of Legal Team at Fair Trials Abroad
Your article "Confess and be done with it" (Feb 8th) rightly draws attention to deep-rooted problems in the Japanese justice system.
Few have been a greater victim of this system than Nick Baker, a 35 year old British national and father of a six year old son, convicted in 2003 on shaky charges of drug smuggling by a judge who in more than a decade on the bench is yet to acquit a single defendant.
Following his arrest, Nick Baker was interrogated by police and the prosecution for 23 days without being granted legal assistance. This intensive period of virtually non-stop interrogation in isolation under Japanese law plays a crucial part in achieving the staggering level of confessions. Not even audio - let alone video - recordings were made of interviews.
Interpretation services during Nick's interrogation were pitifully inadequate. Nick was asked to sign a "confession" in Japanese, a language he clearly did not understand. In a system which relies on the confession of suspects at all costs, this is particularly problematic.
A further defect was the abject failure to collect or bring in crucial defence evidence, presumably for fear that it would weaken the prosecution case.
All in all, we maintain that he did not receive a fair trial. The UK authorities professed themselves unable to intervene to try to correct the procedural weaknesses.
Nearly five years on, Nick remains in a Japanese prison living in conditions which have had a grave impact on his physical and mental health. This case and the many others like it are a stain on the international reputation and standing of Japan.
Yours sincerely,
Sarah Ludford and Sabine Zanker
Baroness Sarah Ludford MEP
Liberal Democrat MEP for London
Liberal Democrat European justice spokeswoman
36b St Peter's Street
London N1 8JT
Tel/fax: +44 207 288 2526
Sabine Zanker
European Lawyer
Head of Legal Team
Fair Trials Abroad
3rd floor, 59 Carter Lane
London EC4V 5AQ
Tel: 0044 (0) 207 762 6400
Fax: 0044 (0) 207 762 6401
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