What were the charges against Shizuo Aishima?

Aishima and others from Ohkawara Kakohki were arrested in March 2020 for allegedly violating the foreign exchange law.

What did the Tokyo High Court ruling say?

In a ruling finalized in June last year, Tokyo High Court found that the investigation by Tokyo's Metropolitan Police Department and the subsequent indictment by the Tokyo District Public Prosecutors Office were illegal, and ordered the national government and Tokyo Metropolitan Government to pay ¥166 million in compensation.

Why are the plaintiffs suing judges specifically?

The plaintiffs argue that the judges' repeated denials of bail were unconstitutional because Aishima was unlikely to flee or destroy evidence and needed medical treatment for stomach cancer, making continued detention unlawful under a reasonable assessment of the evidence.

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Government fights lawsuit over judge denials of bail in fatal case

Japan Times Tech23h ago5 min read

Key takeaway

The Japanese government is defending itself against a lawsuit claiming that judges' repeated denials of bail were illegal in the case of Shizuo Aishima, who died of cancer in custody in 2021 despite facing wrongful charges. A Tokyo High Court already ruled the underlying investigation and indictment illegal and ordered ¥166 million in compensation; this new suit by his family seeks to hold the judges themselves accountable for what is known as "hostage justice."

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3 Key Points

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.

FAQ

What were the charges against Shizuo Aishima?: Aishima and others from Ohkawara Kakohki were arrested in March 2020 for allegedly violating the foreign exchange law.
What did the Tokyo High Court ruling say?: In a ruling finalized in June last year, Tokyo High Court found that the investigation by Tokyo's Metropolitan Police Department and the subsequent indictment by the Tokyo District Public Prosecutors Office were illegal, and ordered the national government and Tokyo Metropolitan Government to pay ¥166 million in compensation.
Why are the plaintiffs suing judges specifically?: The plaintiffs argue that the judges' repeated denials of bail were unconstitutional because Aishima was unlikely to flee or destroy evidence and needed medical treatment for stomach cancer, making continued detention unlawful under a reasonable assessment of the evidence.

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