To: Tokyo District Court, 14th Criminal Division
Chief Prosecutor, Tokyo District Public Prosecutors' Office Superintendent, Tokyo Metropolitan Police
The investigative authorities arrested Mr. Yasuda, attorney-at-law, on December 6, 1998 for the charge of "obstruction of forcible enforcement" and he has been detained ever since.
In general, it is a normal practice of a lawyer to give advice to his or her client who is on the verge of bankruptcy. Hence, when the investigative authorities give broad interpretation arbitrarily and capriciously to the crime of "obstruction of forcible enforcement," the margin of which is very much ambiguous, and enforce that broad interpretation, such action constitutes unfair and unjustifiable interference with the practice of lawyers.
As is clearly stated in the "Basic Principle on the Role of Lawyers" adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference and lawyers shall not suffer prosecution for any action taken in accordance with recognized professional duties, standards and ethics.
In view of the above, the investigation against lawyers should be carried out, if ever, very cautiously. Moreover, in the instant case, Mr. Yasuda was voluntarily cooperative with interview conducted by the authorities. Therefore, no possibility for escape or destruction of evidence could be deemed to exist and we cannot help but think that no grounds for arrest of the lawyer could ever exist. The fact that another lawyer against whom accusation had been filed in the similar case was not arrested supports our view.
Taking into consideration all the relevant facts, we are compelled to suspect that the arrest of Mr. Yasuda was carried out in retaliation for him, who has endeavored, as chief counsel of Mr. Asahara, the guru of AUM, to defend the rights of his client and has been actively engaged in the movement for abolishment of the death penalty. It is patently clear that such situation contravenes the "Basic Principles on the Role of Lawyers."
Hence, we, the Japan Civil Liberties Union, hereby protest strongly the arrest and detention of Mr. Yasuda and further demand that he be released immediately.
December 18, 1998
JAPAN CIVIL LIBERTIES UNION
Note: Mr. Yasuda was indicted in December, 1998 and freed on bail in September, 1999 after approximately 10 month detention. It is to be noted that the maximum sentence of the "obstruction of forcible enforce enforcement” is 2 years imprisonment or fine not exceeding 500,000 Japanese Yen. It is unprecedented that the judgments by the trial court ordering release of Mr. Yasuda on bail had been reversed by the appellate court in three consecutive time before his final release.
As of July, 2001, the trial of his case were held 58 times. It is expected that the judgment of the trial court will be rendered some time in 2002. The defense counsel is certain that the court will acquit Mr. Yasuda. class="footer"[Jinken Shinbun, January 25,1999, No.316] Translated by Yoichi Kitamura