Government fights lawsuit over judge denials of bail in fatal case

What happened

The government called for dismissal of a lawsuit filed by three family members of Shizuo Aishima, a former adviser to machinery-maker Ohkawara Kakohki who died in 2021 while facing charges. The plaintiffs, including his 77-year-old widow, demanded about ¥168 million in damages, arguing that 37 judges' repeated denials of bail were illegal.

Why it matters

The case centers on "hostage justice"—the practice of holding suspects who deny accusations in custody for prolonged periods. Aishima was arrested in March 2020 on alleged foreign exchange law violations, diagnosed with stomach cancer in October, yet judges denied eight bail requests before he died in February 2021. The plaintiffs argue the detention violated constitutional rights because he was unlikely to flee, destroy evidence, or needed medical treatment. A Tokyo High Court ruling finalized in June last year found the investigation and indictment themselves were illegal and ordered ¥166 million in compensation.

What to watch

This lawsuit is unusual because it holds individual judges accountable for bail denials—a rare legal challenge. Lawyers for the plaintiffs stated they will seek to examine the judges as witnesses. The widow told the court she wants to hear from the judges why bail requests were repeatedly rejected.