Prosecutor's "kid" remark, compensation determined; Supreme Court rejects "violation of right to remain silent"

The Supreme Court's 2nd Petty Bench (presiding judge Akira Ojima) has decided to dismiss Eguchi's appeal in a lawsuit filed by former lawyer Yamato Eguchi (40), who sought 11 million yen in damages from the state, alleging that he suffered mental distress after being called a "brat" by prosecutors when he remained silent during an interrogation. 14th date. The first and second instance judgments have become final, ordering him to pay 1.1 million yen for violating his moral rights, but denying his right to remain silent.

A unanimous opinion of all three judges. Judge Junichi Takasu, a former lawyer, did not participate in the hearing.

According to the first and second trial rulings, Eguchi was arrested and indicted by the Yokohama District Public Prosecutors Office in 2018 on suspicion of concealing and abetting a criminal, and was later given a suspended sentence. After her arrest, she remained silent, saying, ``It's groundless,'' but she was interrogated for more than 56 hours, and a male prosecutor told her, ``You're a kid, right?'' and ``You were thinking like a child.''

In 2014, the Tokyo District Court of First Instance found that the prosecutor's comments were not directly related to the incident and that his personal rights had been violated, stating that he had ``unfairly criticized his character using insulting expressions.'' On the other hand, he rejected the argument that being forced to interrogate him was a violation of his right to remain silent, guaranteed by the Constitution. In 2015, the Tokyo High Court of Second Instance supported the first instance, stating, ``Continuing the interrogation itself cannot be said to take away the freedom to refuse to give statements.''