
Interview with Tetsuro Hirano, former judge and professor at Ritsumeikan University Law School, about the principle of open court proceedings and the situation overseas
AI-generated summary
Article 82 of Japan's Constitution stipulates the principle that trials be open to the public. Overseas, countries such as the UK, France, Australia, Canada, and South Korea are broadcasting Supreme Court and Constitutional Court hearings live on the Internet, and archived footage is also available.
Overseas, Supreme Court hearings and other proceedings are broadcast over the Internet. Could this be an option in Japan, where the constitution stipulates the ``principle of open trials''? What will it bring? We spoke to Tetsuro Hirano (57), a former judge and professor at Ritsumeikan University Law School, who is knowledgeable about overseas affairs.
Archive footage is also available overseas.
Countries such as the United Kingdom, France, Australia, Canada, and South Korea are broadcasting Supreme Court and Constitutional Court hearings live on the Internet. Archived videos are also available, and anyone can watch videos of the British Supreme Court's decision on the legality of prorogating parliament just before Brexit, and the South Korean Constitutional Court's impeachment trial of a former president.
The purpose of the principle of open trial stipulated in Article 82 of the Japanese Constitution is to check the judiciary by the sovereign people. Additionally, it has the significance of deepening people's understanding and interest in trials.
In Japan, if the Supreme Court's arguments in civil and criminal cases were made available online, anyone could watch the arguments between judges and lawyers, and this would serve as a basis for the public review of Supreme Court justices. If the disclosure is limited to Supreme Court arguments, there will be no interrogations, and there will be little concern about privacy invasion. Even if the speech is cut out or edited by AI (artificial intelligence), it can be verified if the entire text is published on the court's official website.
A court that reaches the citizens
In addition, social issues such as same-sex marriage lawsuits...

It has been revealed that the Fukuoka Prefectural Police visually checked the "suspect notebooks" of arrested and detained suspects during property inspections. Notes submitted by defense attorneys are said to be protected by the right of confidential communication, but prefectural police checked for several seconds to make sure there were no dangerous objects or instructions to destroy evidence. The company said it has reviewed its operations and taken into consideration human rights and security needs.

On the 10th, the Fukuoka District Court dismissed the plaintiff's claim in a lawsuit filed against six expressway companies and the government by a man who had his application for an ETC personal card rejected because he was affiliated with an organized crime group. The plaintiffs argued that the expressway is a public property, and that not being able to use it just because they are affiliated with an organized crime group constitutes unreasonable discrimination.

On the 9th, a lawsuit filed by the former Johnny's Office (SMILE-UP.) against former vice president Shimon Ishimaru, seeking confirmation of the non-existence of any liability for damages, was settled at the Saitama District Court. Mr. Ishimaru praised Smile Up's provision of payment of settlement money as an extension of the idea of the Victim Relief Committee. The amount of compensation has not been disclosed.

The third trial of defendant Kentaro Kitagawa (67), a former chief public prosecutor at the Osaka District Public Prosecutors Office, was held at the Osaka District Court on the 6th, and the female prosecutor tearfully testified about the sexual assault during which she was drunk, saying, ``My heart and body froze.'' The claims of both sides are in direct conflict.

Kenji Kusunoki (58), who lost his wife and eldest daughter when his seven-story building collapsed in the Noto Peninsula Earthquake on New Year's Day 2024, filed a lawsuit in Tokyo District Court seeking approximately 215 million yen in damages from the government and the corporation that owns the building. Based on the Ministry of Land, Infrastructure, Transport and Tourism's expert committee report, the building alleges earthquake resistance defects and the government's inaction.

The Tokyo High Court upheld the 20-year prison sentence handed down by the Maebashi District Court of the first instance and dismissed the defense's appeal against a former driver in Isesaki City, Gunma Prefecture who was charged with causing death and injury by dangerous driving in 2024 for causing the deaths of three family members while driving under the influence.