Audiovisual Recording of Interrogations: Expand Practice To Include Voluntary Questioning As Well

Editorial

13:59 JST, August 2, 2025

Interrogations of suspects conducted behind closed doors often raise questions such as whether confessions were coerced or whether the questioning influenced the statements given. Efforts to record interrogations on video should be expanded to prevent any suspicion of questionable interrogations.

A Justice Ministry expert panel that reviewed the implementation of audiovisual recordings of interrogations has compiled its final report. The report recommends that the government consider legislative revisions to expand the scope of audiovisual recording.

Audiovisual recording was introduced in 2006 in line with the start of the lay judge system. The purpose was to confirm that there were no such issues as coercion of confessions. Currently, it is mandatory for police and prosecutors to record interrogations of arrested persons in cases involving lay judges and in cases investigated independently by prosecutors.

Prosecutors have also implemented audiovisual recording in cases not subject to the mandatory requirement, recording more than 90% of interrogations of arrested persons.

The expert panel’s report concluded that “there are no major problems with the operation of audiovisual recording itself.” However, it also noted that regarding interrogations by police, who handle a large number of cases, “the number of cases in which audiovisual recording is implemented is extremely low.”

When considering legislative revision, in addition to improving this situation, a key point would be deciding whether to include voluntary questioning of persons not under arrest in the scope of such recording.

In the case of a massive vote-buying scandal in connection with the 2019 House of Councillors election, an issue was uncovered of prosecutors having used leading questions to get municipal assembly members to make statements. In this investigation, the prosecution authorities did not make audio or video recordings of such improper voluntary questioning.

As a result, prosecutors began in April a pilot program of audiovisual recording of the questioning of suspects not under arrest and others.

In recent years, issues such as prosecutors using abusive language toward suspects or banging on desks to coerce confessions have been revealed through interrogation videos.

Some prosecutors and police have expressed reservations about expanding audiovisual recording, arguing that it is difficult to obtain statements in front of cameras. However, given that improper investigative techniques have been revealed through video footage, there is no doubt that the introduction of audiovisual recording can be highly effective in dealing with such issues.

Such recordings not only protect the rights of suspects but also benefit investigators by protecting them from suspicion of illegal interrogation. It is essential to expand the scope of audiovisual recording, including to voluntary questioning, which is already being conducted on a trial basis.

The report also proposed considering the introduction of a new plea bargaining system in which suspects’ punishment can be reduced in exchange for admitting to their crimes.

While this could prevent the coercion of confessions by investigators, there is also the risk that suspects seeking early release might admit to crimes they did not commit. It is important to identify potential issues with the system and conduct a careful review.

(From The Yomiuri Shimbun, Aug. 2, 2025)