Indictment of Ex-chief Prosecutor: Nondisclosure of Information Invites Public Distrust

Editorial

16:15 JST, July 18, 2024

A former senior official of a public prosecutors office, which holds great authority over investigations, has been indicted for a sex crime.

Prosecutors needed to provide a thorough explanation to avoid any suspicion that they were being lenient to colleagues in their own organization, but the response was completely inadequate.

The Osaka District Public Prosecutors Office indicted Kentaro Kitagawa, a former chief prosecutor at the office, on a charge of quasi-forced sexual intercourse. In September 2018, when he was the chief prosecutor, Kitagawa allegedly sexually assaulted a female subordinate who was intoxicated at his official residence in Osaka City.

A chief prosecutor is the head of a district public prosecutors office and directs investigations and trials. Kitagawa had previously served as head of the criminal investigation division of the Supreme Public Prosecutors Office, among other positions, and was called “the ace prosecutor in the Kansai region.”

The arrest and indictment of a former senior official who has held key posts at prosecutors offices for a sex crime is an unusual situation that should never happen. The prosecution needs to clarify the actual situation and seek severe punishment through the trial.

What is difficult to understand is the response of the Osaka High Public Prosecutors Office, which investigated the case.

When the high public prosecutors office arrested Kitagawa last month, it did not disclose any outlines of the case, such as the date, time, place and circumstances of his alleged crime. It said this was because there was a fear that doing so might lead to identification of the victim.

In the case of sex crimes, it is quite natural for investigative agencies to consider the victim’s privacy. However, it must be said that the high public prosecutors office’s attitude was inappropriate as it did not try to fulfill its duty to explain the situation.

This makes it seem as if the high public prosecutors office has covered up a scandal involving a colleague, and if they act this way, no one will be able to check whether prosecutors used in a valid manner their powerful authority to make arrests.

Moreover, this case occurred more than five years ago. One year after the incident, Kitagawa resigned from his last position as chief prosecutor to become a lawyer. Some prosecutors have reportedly wondered why he left the post with three years to go until retirement.

Why did the high public prosecutors office arrest him now? The office may have known about what the woman allegedly went through from the time the incident occurred. These questions cannot be brushed aside. Even if the date and time of the crime and some of the circumstances were to be made public, it is unlikely that the victim would be identified.

In cases that have significant social impact, it is important to carefully consider the scope of what can be disclosed in each case, even if it is a sex crime.

In recent years, problems have occurred that prosecutors verbally abused suspects in interrogation rooms or induced them to make statements that conform to the investigation’s script. The public has turned a harsh eye on prosecutors.

“It is important to always return to the ‘Principles of Prosecution’ and to be fair and honest,” said Naomi Unemoto, who assumed the position of prosecutor general this month. The Principles of Prosecution, which is the code of ethics for prosecutors, states that the exercise of authority should not lapse into self-righteousness, and that a humble attitude should be retained.

(From The Yomiuri Shimbun, July 18, 2024)