安倍総理の”辞任劇”の真相。勇退ではなく訴追からの逃亡

この記事は米最大級のニュースサイト「The Daily Beast」(ディリー・ビースト) に8月28日掲載。日本語版に当たり有志の協力に感謝。なお原文の直訳ではないのでご了解下さい。

日本国首相・安倍晋三総理は8月28日、辞任を発表しました。健康上の理由とされるが、もう一つ、理由がある。劣悪で不健全な環境の刑務所暮らしを思って怖気づいているのだ。

記者会見で安倍総理は辞任の理由として潰瘍性大腸炎の辛い病状に言及したが、支持率が急落し、自らの関わる刑事事件の捜査が進む中での辞任である。それ以外の事件の再捜査を求める世論も高まっている。

安倍総理は辞任したのではなく、逃亡したのだ。

安倍総理は、公職選挙法違反で検察の捜査下にある。そして同様の公職選挙法違反で、安倍総理が自ら抜擢した前法務大臣(河合克行被告)は目下、東京地裁において公判中である。この公判では、安倍総理がこの事件にも関与していたことを示す証言も出るかもしれない。

辞任に追い込まれるまで刑事捜査の手から自分を守ろうとする安倍総理の骨折りは水泡に帰した。

ある自民党の重鎮が匿名を条件にデイリー・ビーストに語った。「安倍総理が検察庁に自分の選んだ検事(黒川弘務元検事)を送り込めていれば、今も権力にしがみついていただろう。安倍総理が警察庁の次期長官に選んだ中村格(元警視庁刑事部長)は今月になって候補を外されたから、安倍総理は検察にも警察にも検挙される可能性があると恐れている。辞任することで疑惑の目から逃れることができる」中村氏は安倍総理と親しいの伝記作家による強姦事件の捜査を打ち切らせた警察庁の高官である。

法務省の情報筋がデイリー・ビーストに語った。「手打ちがあった模様だ。安倍総理は『社会的制裁』に甘んじて辞任し、数々の刑事事件に関与する安倍総理への取調べは終わる」元特捜検事の郷原信郎氏は「安倍総理の関与が争点となるであろう刑事事件の公判が始まったその週に辞任するのは偶然とは思えない」と言う。

The Tweet of Defeat  (政権打倒のツイート)

同情を買うように辞任することで、「安倍晋三物語」は美談として語られるが、一冊の本でも読めばいかに腐敗した政権が一目瞭然です。

今年に入り、世論調査で安倍政権の支持率は27パーセントまで下がった。これからしばらく日本国内の報道では、なぜ安倍総理の権力掌握と世論の支持が衰えたのか様々に論じられるだろう。今年は確かに失態続きだった。安倍総理は五輪開催の願望に取り憑かれ、東京が安全だと見せるために新型コロナウイルスの脅威を無視した。各家庭に2枚のマスクを配るという政策は、マスクが足りないときに計画されたが、高くついた失敗に終わった。マスクは小さすぎて汚れており、配られるのも遅かった。このマスクは日本語でアベノミクスのように聞こえる「アベノマスク 」として嘲笑された。アベノミクスとは金融緩和と財政再建という想像上の「矢」から成る安倍総理肝煎の財政政策であったが、再建は成らず政策は完全な失敗だった。

安倍総理は日本の「検査しなければわからない」というコロナ対策が素晴らしく上手くいったと主張したが、その後この対策は失敗し、感染率は再び急増した。これはGo To Travelという間違った英語名の旅行促進キャンペーンの実施を安倍総理が頑なに推進したことで拍車がかかった。このキャンペーンは結局、感染流行が再燃して多くの人がGo To Quarantine (検疫へ)という意味になってしまった。

安倍総理の人気を損なったのはコロナウイルス感染症流行への対応の失敗ではなく、感染症流行の最中に自分の権力を固めようと試みたことだった。ツイッターでは数ヶ月前に#さよなら安倍総理 というハッシュタグがトレンド入りした。

安倍総理時代の終わりの始まりは5月のとあるツイッター投稿だった。日本の主要メディアをコントロールすることにあれほどの労力を費やした首相がソーシャルメディアによって引き摺り下ろされたのは皮肉なことだ。

5月9日の夜、35歳の会社員の女性のツイートが世論の異議申し立てに火をつけた。普段は政治に関わらない日本のセレブや元検事らによってツイートの嵐は激化し、自民党員さえも異議を表明した。

ツイートの内容は些か単調なものだった。しかしその「検察庁法改正案に抗議します」というハッシュタグで、5月14日までに800万ものツイートが投稿された。

ここに至る伏線はこうだ。

アベノミクスは失敗に終わり、大手企業が儲かり、庶民への「ドリップ」は無かった。

安倍総理は徐々に政府機関や公共放送のNHK、そして報道機関に統制を加えるようになった。2014年には内閣人事局を設置し、何百人ものトップ官僚の任命に内閣が権限を持つようになった。野心的な政府職員は注意深くなり、以来、安倍総理の機嫌を損ねず気に入られるように努めてきた。安倍総理は直接自分が頼まなくても公務員が醜聞をもみ消すよう奨励した。またメディアに飲み食いの接待をして機嫌をとり、気に入らないことがあると容赦無く締めつけてきた。日本の報道の自由ランキングは安倍総理が首相になった当時は世界22位だったが、現在では66位だ。

コロナウイルス流行が始まった頃、安倍総理と自民党は非常時に内閣が絶対的権力を掌握できるような憲法改正に向けて画策した。その動きは失敗し、保守系雑誌の『プレジデント』でさえこれを火事場泥棒のようなあざとさと書いた。この夏、安倍総理が検察庁を支配下に置こうとしたのは、やりすぎもいいとこだったのだろう。

Fatally Wounded  瀕死の重症

検察官らに対する動きは1月31日、安倍総理内閣が日本で検事総長に次ぐ検察ナンバー2である黒川弘務検事長の定年延長を決定したときに始まった。黒川は安倍総理および菅義偉内閣官房長官に非常に近いと言われていた。報道は黒川を「安倍総理政権の守護神」と呼んだ。

検察官の大多数は法によって63歳で退官するよう求められているが、黒川は留任を許された。安倍総理はこれについて、定年延長を可能とするよう法律の解釈変更を行ったので問題なしと説明した。野党や法学者に加え、世論もこれには猛反発した。

行政は一歩も引かなかったが、後になって検察庁法の改正案を提出した。これが黒川を留任させ、検事総長を交代させるための道を開くことを後付けで正当化する措置とみなされた。

松尾邦弘元検事総長ら検察OBは法務省に対し、意見書を提出し、その中で、今回の法改正は安倍総理政権が検察を政権の意のままに動く組織に改変させようとする動きであると明確に表明した。意見書は「法が終わるところ、暴政が始まる」というジョン・ロックの言葉を引用していた。

安倍総理はこの法改正案を国会で擁護し、「内閣によって恣意的な人事が行われるという懸念はあたらない」と述べたが、世論調査ではわずか16パーセントの人しかその言葉を信じなかった。

例によって安倍総理は、これまでの評判の悪い法制定の時と同じように法案を強行採決するつもりだった。

5月18日には、安倍総理内閣の支持率は34パーセントにまで急落した。同じ日に自民党はこの法案審議を延期することに同意した。

その夜、600人を超える弁護士らが、桜を見る会のパーティー開催に公的資金を不正使用したとして、安倍総理に対する告発状を東京地検に提出した。

安倍総理の拙い判断には不運が続いた。週刊文春が黒川が記者と明らかに違法である賭け麻雀を常習していたことを報じた。黒川は訓告を受け、辞表を提出して辞職を認められた。

8年近く政権が続き、安倍総理は思い上がり、昨年には国会で「私が国家ですよ」と宣言した。安倍総理は長い間勝ち続けているが、運が永遠に続く人はいない。検事らを堕落させようとするこの法改正の企ては、戦争映画の大作のタイトル『遠すぎた橋』をもじると「遠すぎた法案」ということだろう。この法案は後に丸ごと廃案となった。

Already on Trial?  すでに公判中?

安倍総理が直面する問題は現在行われている「桜を見る会疑惑」の捜査だけではない。

親しい友人であり支持者でもある人物の注目の公判に、安倍総理は引きずり込まれている。この6月、衆議院議員の河井克行被告(57)と妻で参議院議員の河井案里被告(46)は広島県で数百万円の現金を政治家や支持者に手渡した疑いで起訴された。これは2019年7月の参院選において票の取りまとめをした見返りであったとされている。安倍総理は2019年9月に河井克行被告を法務大臣に指名した。克行氏は10月31日に辞職した。

2人の公判は今週始まった。

自民党本部は河井案里の選挙運動資金として1億5千万円を提供しており、その一部は地元の政治家らが票の取りまとめをするよう買収するのに使われたのだろう。もし安倍総理自身が自民党総裁として巨額の資金提供を承認したのであれば、安倍総理は世間の注目を浴びるだろう。

元東京地検特捜部検事の郷原信郎氏はデイリー・ビースト紙に次のように語った。「河井夫妻の公判では安倍総理の関与が示されることは、検察側の冒頭陳述から明らかだ。安倍総理自身が抜擢した前法務大臣が他の政治家の買収に深く関わるというのは常軌を逸している。もし安倍総理が刑事責任を回避できるとしても、この件に関して道義的責任を負う。」

郷原は、安倍総理が首相の職に留まることができないのは、この公判に巻き込まれるのかどうか、巻き込まれるとしたらそれはいつなのか、分からないことのストレスも一因であると見ている。

安倍総理の足元では3番目の火種、すなわち森友学園問題もくすぶっている。2017年、9億5600万円相当と評価された国有地が右翼の学校経営者に1億3400万円で売却されたことが明らかになった。この取引には安倍総理首相と妻昭恵からの催促があったとされる。そもそもその学校は安倍総理晋三記念小学校と命名されることになっていた。

このスキャンダルが明るみに出たとき、財務省官僚は安倍総理関与を隠すために文書の改竄を行った。国家公務員の赤木俊夫氏は言いなりになることを拒絶して2018年3月に自ら命を絶って抗議した。赤木氏は告発文を残し、それを今年になって妻が公開した。日本の世論の70パーセント以上が森友加計問題の再調査を求めている。

He didn’t learn  安倍総理は学ばない

安倍総理はこの夏、記者会見や国会審議の一切を避けて事実上1ヶ月に渡って姿を消していた。そして今、安倍総理は自分を取り巻くスキャンダルについて論じることを容易に避けることができる。安倍総理は今週、汚職事件への自らの関与について質問が出ないように時期を見計って公然と病院を訪れた。安倍総理が河井夫妻の公判開始の前日である8月24日に慶應大学病院を訪れたことで、世間の注目は事件への安倍総理の関与から安倍総理が首相を続けられるかに移った。

安倍総理の大逃亡はカルロス・ゴーン前日産会長の高飛びほど劇的ではないが、勇敢な大奮闘だ。

安倍総理は日本の憲政史上最長在任の首相となったが、これほどの長期政権でこんなにも成果がないのは前代未聞である。もし安倍総理がなんらかのレガシーを残したとしたら、それは数々の評判の悪い法案を成立させ、それが今や地雷のように存在していて、いつの日か日本のはかない民主主義を吹き飛ばしかねないということだ。その中にはSF映画の『マイノリティ・リポート』から抜け出してきたかのような共謀罪法、報道と内部告発者を弾圧して黙らせるための、ジョージ・オーウェルの世界を思わせる秘密保護法、そして表向きは平和主義的な日本が戦争を遂行できるようにする安保関連法がある。

現安倍政権は2006年から2007年の惨憺たる第一次安倍政権に続く2度目の任期だった。安倍総理が返り咲くことができたのは、右翼の神道カルトである日本会議の支持によるもので、日本会議は安倍総理以後も末長く国会においても強力な威力を発揮し続けるだろう

歴史を忘れるものはそれを繰り返す羽目になる、と言われる。おそらく安倍総理の愚劣さの根源には、本人が有名な歴史修正主義者であり戦争犯罪者の孫であること、そして第二次世界大戦時に日本が行った残虐行為を決して認めることができないでいることが挙げられる。安倍総理が指名した政治家や仲間の多くがヒトラーを称賛していた。安倍総理は躍起になって過去を否定しようとしてきたあまり、自分自身の歴史からすら学ぶことができないようだ。だから安倍総理の人生は失敗の繰り返しにしかすぎないなのだ。

安倍総理は2007年に辞めた時とほぼ同じやり方で官邸を去る。自分の取り巻きがらみのスキャンダルに足をとられて政権運営が覚束なくなり、人気もなく、無能で的外れだとみなされて去るのだ。

惜しまれることもなく。

「晋ちゃん珈琲」は報道の自由・男女平等・人権・平等な社会などを大切にする人は毒。裕福な人及び晋ちゃんの友達に絶品。「美味しいコーヒー」は否めないが、日本社会の庶民なら後味が悪い

The mysterious conspiracy theory that explains Japan’s response to COVID-19…..or does it?

The whole world is somewhat baffled by how Japan is handling the coronavirus aka COVID19 aka Sars-CoV-2. The Diamond Princess debacle in which inept Japanese officials turned a cruise ship into a floating incubator for the virus did not bode well. Early on in the crisis, several politicians from the ruling Liberal Democratic Party expressed what was close to delight about the coronavirus disaster, stating that it would finally justify changing Japan’s constitution to a new one that gave the Prime Minister sweeping powers.

Japan has infamously under-tested, turning away most people who were not displaying already full-blown symptoms of coronavirus induced illness-–a fever over 37.5 degrees for four days, loss of sense of taste and smell, had been in contact someone diagnosed with the virus etc.– and has been extremely stingy in releasing information. Some suspect that Japan is hiding coronavirus cases and deaths in pneumonia statistics. Possible. Let’s assume that’s not true for the time being.

The Ministry of Health, which managed to get their own workers and medical staff infected on the Diamond Princess and then refused to test them, sending them back to work, where they infected others–doesn’t inspire confidence. The best they have done seems to be to warn people about the Three Cs (in Japanese 3の密. 密閉・密集・密接): closed spaces, crowds and close contact. Miraculously, avoiding an overlap of these three should keep you safe—until it doesn’t.

If a cute poster could stop the spread of COVID-19, Japan would win the war hands down.

Despite having the first cases of coronavirus in January, the number of deaths in Japan remains very low, 108 today (April 12th) out of a nation of 126 million people

Yet infection rates are rising rapidly. The so-called lockdown that is supposed to reduce them is poorly planned, at best. It would appear that the Abe government cares more about saving face than saving lives.

This week I wrote a piece for the Asia Times– TB vaccines offers hope in Covid-19 war –about studies that show a correlation between low numbers of deaths in countries that had a universal tuberculosis vaccination program for decades–and coronavirus. The vaccine is called BCG (Bacillus Calmette-Guerin). Infection rates also appear to be strongly impacted positively by the vaccine. The vaccine is nearly a hundred years old. It was developed by French physicians and biologists Léon Charles Albert Calmette and Jean-Marie Camille Guérin in the 1900s and first successfully tested in 1921. Some theorize that when the vaccine is given to very young children and/or infants, that it creates ‘attained immunity’ which helps the older generation (those most vulnerable) battle the virus. Personally, I sort of hope that it’s true, that BCG is the BFG (Big Fucking Gun) in the war against this pathogen, kind of like the iconic weapon in the first-person shooter DOOM. (It’s a video game). It has been suggested that the vaccine only works if given to very young children and that the strain of the vaccine matters as well. Could be.

NOTE: BCG vaccine has many strains (types). The BCG-Japan strain seems to be the one that actually works against the coronavirus. France uses the BCG-Denmark strain. If anyone reading this has access to materials about the BCG-Japan strain, please share them with me. I would like to know.

Could the 100-year-old vaccine BCG be the Big F*cking Gun (BFG) in the war on coronavirus? It would be nice if it was.

There are problems with the theory that BCG vaccine is a silver bullet (or a BFG). Correlation is not causation. France and England had a vaccination program but they have a high number of deaths. They also appeared to have inoculated their citizens when they were in their teens rather than as infant, and both countries use a different strain of the vaccine then the predominant one used in Asia. However, even if the BCG vaccination works/worked to prevent fatalities, is there any reason to believe it will work on adults? In the Netherlands and Australia clinical tests are underway. We shall see.

One of the joys of running this blog, with the help of others, since 2007, is that sometimes we are leaked good information that can be used to generate a solid news story. That is usually rare. The nature of the internet is that you tend to get lots of criticism, threats, accusations or wild conspiracy theories that can’t be verified. Comments are all read and edited before being posted. Many on-line sites have gotten rid of comments altogether. When I looked at the comments and letters today, I thought of doing the same….once again.

But then I read this letter below. It’s intriguing. The anonymous source asserts that they are a member of the medical community in Japan. I have edited it slightly for clarity and removed some possibly identifying details. Below the letter, I have added some notes and observations.

As the headline tells you, it is a conspiracy theory, of sorts. A “conspiracy” is usually defined as a secret plan by a group of people to do something harmful or illegal. If the writer of this letter is correct, the steps Japan has taken so far are not completely harmful. Indeed, it could be argued that testing everyone is not a great idea and that it overloads the health care system. Japan’s approach to the coronavirus has had its merits.

The Japanese Society for Infection Prevention and Control (JSIPC) updated their coronavirus manual on March 10.  

The tone is calm. “Japan is moving from containment measures to a period of spreading infection and we must adjust accordingly,” it says. Since March 6, Covid-19 testing won coverage under national health insurance – ergo, “as public money is being used for the coronavirus testing, it is necessary to carefully screen who gets tested.

It gently chides anyone who seeks “needless” testing and urges medical professionals to prevent overcrowding at hospitals by instructing patients with light symptoms to stay home and avoid others.  

Critically, it points out that since there is no specific treatment for Covid-19, the priority must be treating the illness via its pathogen causes.

“The foundation of treatment is symptomatic therapy,” the manual reads. When signs of pneumonia are found, it suggests using all possible methods of treatment, such as giving oxygen and vasopressors as necessary. Above all, it reminds medical staff of the top priority: “Protect the lives of seriously-ill patients, especially in cases of pneumonia.”

This makes sense on some levels. However, if you don’t know who has the coronavirus, how can you possibly contain it? The manual does note that Japan has moved beyond containment measures (水際対策) and must conduct a sort of triage.

And so we come to the letter. It was written in response to the article TB vaccines offers hope in Covid-19 war and mailed to Japan Subculture Research Center.

I don’t know if it’s true nor can I say it’s untrue. Don’t believe it. I have limited resources, so I’ve decided to crowdsource this. I would like to know what you, the readers, think. And if anyone has supporting data, I’d love to have it–links and documents appreciated. If you can refute it, please do. Sometimes, many minds are better than one.

Send all mail, thoughts, comments, evidence and refutations to japansubcultureresearchcenter @ gmail.com with the heading, BCG and Japan.

Some short notes and observations on the letter are at the end of the document.

******

Dear Mr. Adelstein,

I’m ●●●● and I’ve just been reading your report into BCG.

You’ve got the half the story, and while there are clinical issues with the variables and the science, you’re on the right track. 

The other half is on the Japan side.

Have you noticed why Japanese aren’t talking about their immunity through BCG? There’s reasons for this. 

Japan has invested a lot of capital into developing and selling Avigan as a coronavirus treatment. They’ve put the weight of Japan Inc behind this, and [Prime Minister] Shinzo Abe is their pitch man. 

Did you notice the abrupt change in Abe’s policy around the end of February? That’s because Japanese researchers and doctors, including my colleagues, became aware at that time that BCG vaccines were possibly also working with the immune systems of most Japanese under age 70. NDAs (non-disclosure agreements) and MHLW [Ministry of Health, Labor and Welfare] policies prohibit researchers and doctors from speaking publicly about this. But this is well-known in the medical community here.

What’s not understood is whether BCG is protecting children in the same way. We don’t have enough scientific or anecdotal evidence to rule out tuberculosis vaccine in Japan with confidence, especially because of the large number of foreign workers and tourists from at-risk countries, or whether BCG is working properly in tandem with other vaccinations in Japan. In layman’s terms, the younger generation of children in Japan don’t have the same immune system as the older generation. While we have decades of data about the health of the older generation, we still have insufficient clinical data about kids who haven’t been alive long enough to build up a reliable data base. 

In the field of medicine, you can’t make a diagnosis or prescribe treatment based on anecdotes or hunches. We have to follow regulations and existing practices based on years worth of data and peer-reviewed studies. We simply can’t assume that BCG is protecting children from the novel coronavirus. Thus the medical community instructed Abe to protect these children as a preventive measure owing to the lack of available data on how their immune system would respond to Sars-CoV-2. 

This also gave Abe and the MHLW political cover. Instead of doing nothing, they had to do something (1) . Abe couldn’t publicly announce that BCG was protecting the innoculated population of Japan, South Korea and Taiwan. As you know, Abe is beholden to Keidanren (経団連・Japan Business Federation) and companies such as Fujifilm Holdings and their subsidiary Toyama Chemical, which manufactures Avigan (3). Who is going to buy Avigan if all they have to do is buy BCG? Why should Japan promote Avigan if most Japanese don’t need it? That is their reasoning. This is all about the sale of Avigan. (5)

This also explains why Japan was resisting international pressure to postpone the Summer Olympics. Abe and his panel of experts were assuming that BCG was protecting most of the population from the novel coronavirus. They had to cancel the games because of foreign pressure and the International Olympic Commission (IOC) (4), not because of any concerns about an overshoot of cases here in Japan. 

There’s another issue that the media are overlooking. Japan now has millions of foreign residents and foreign tourists who didn’t get BCG shots. They are the most likely groups to acquire the novel coronavirus and spread it through the population in Japan. But Abe couldn’t say that due to policies of boosting tourist arrivals and preparing for the Olympics. Even if you think he’s a racist xenophobe, you have to credit him for respecting the rights of foreign COVID patients. Look at what China is doing with Africans, and you’ll understand Japan’s official thinking on this.  

This also explains the Ministry of Health policy of keeping people away from hospitals (2). We don’t want people with colds, H1N1, ordinary coughs or sniffles to show up at hospitals demanding swabs, which also put health care workers at risk. They should stay home and rest anyway. MHLW set up a hotline for this purpose. If they didn’t, half of Japan would demand a test claiming to be sick. In most cases, patients with real COVID19 symptoms aren’t going to die anyways if they had their mandatory BCG vaccinations. Japan only wants to treat the most severe cases while protecting medical workers from infection. This is a reasonable policy. Most doctors support this, though some feel that we should be more proactive with outreach programs and advocacy on behalf of patients.  

Try to see things from our perspective. We are watching more than a hundred doctors and nurses die in Italy. We saw the same thing in Wuhan. This scenario is Japan would serve nobody. It’s not selfish for us to protect ourselves. It’s good public health policy, and Japan is doing the right thing. 

Please understand that the science isn’t black and white on this. Just because Japan made BCG shots mandatory doesn’t mean that every doctor gave them out, or that every parent took their kid to the doctor for the shot. Millions of people fell through the cracks and didn’t get vaccinated for TB, especially in the 1950s and 60s when Japan’s health care system was evolving. That’s why you are seeing numbers rise now, though on a much smaller level than in the U.S. or Italy. Most of the new cases now are people who didn’t get BCG shots. This is the common view of medical practitioners here. 

This is especially true of patients in areas such as Taito-ku, which is the closest thing in Tokyo to Skid Row in LA. Many of these new patients are homeless, or they were born into impoverished families who didn’t vaccinate their children. You will see similar stories in impoverished areas of Osaka and other cities. Look at the data and you will find it. 

You’re welcome to this information but ●●●

Good luck with your reporting. Ganbare. 

Notes:

(1) In February, Prime Minister Abe’s request that schools nationwide be closed down was greeted with great puzzlement at the time. He later said that he had not consulted with experts when making the decision.

(2) Japan has had a policy of discouraging testing. In fact, the Japanese Medical Association, the German Embassy and later the US Embassy criticized Japan’s low testing. Many opined that Japan wanted the numbers low to make the 2020 Olympics go forth as scheduled.

(3) It’s not clear how well Avigan, an anti-influenza drug does in fighting COVID-19 but Japan has offered to give it away to 20 countries that need it to fight coronavirus. It isn’t offering to give it away free to every single country in the world, so if you’re cynical you could see the giveway as free advertising, and/or free testing. Avigan was used to combat Ebola in the past.

(4) It would appear that after the Olympic Games were postponed that suddenly the number of Covid-19 cases jumped considerably. Correlation perhaps. Governor Yuriko Koike, who had been remarkably silent about the dangers of coronavirus, suddenly began talking about ‘a lockdown’ and the need for hyper vigilance with the pathogen only after March 23rd.

5) The Japanese government, including our friends at the Ministry Of Health, have conspired in the past to keep important medical data away from the public. The result was many innocent people being infected with AIDS and dying. Green Cross was the beneficiary and some of their executives were convicted of criminal negligence resulting in death. Government officials basically walked. See below and research more if you’re interested. Green Cross Executives receive prison terms in Yakugai (薬害エイズ) case.

Songs Of Winter Denial

Julie Yukiko (雪子)  Buisson aka Ukico has much in common with Snow-White, other than just her name, which literally means “child of the snow”—she is charming, peaceful, a beautiful woman with alabaster skin and blessed with an ethereal singing voice that calms the spirits of men and animals; she is enchanting.  Her first song, Denial, and the surreal mystical music video for it were released on September 11. 

She was born to a Japanese mother and French father and grew up in Paris. You could say she has made the best of her bicultural heritage, touching upon her roots to become a successful model and now a songwriter and singer. Her French-Japanese visage and sense of style helped her have a successful international modeling career.However, she has much more depth than her  surface appearances, and that is part of her appeal. 

Ukico (pronounced You-Key-Koh) was studying at the University La Sorbonne while pursuing her modeling career after high school. What sparked her interest in singing and songwriting was the death of her grandmother. 

Ukico
photo by Yulia Shur
make-up by Laurene Baudin

When she passed away, Ukico, wrote a poem as a eulogy, which she showed to her father—and to her surprise, he wept. 

“It moved my father to cry and it showed me how to paint a picture with words. He still reads the poem, sometimes.” She felt the power of words come to life.

She had often thought about becoming a singer/songwriter but lacked confidence in her ability to compose or to voice her emotions musically. But seeing her father’s response stirred something inside of her. 

“It was a wake-up call. I had always dreamed of studying and living in New York and pursuing music. I love so many different genres and singers. Everything from Massive Attack, to Little Dragon, to Lana Del Rey.”

The song writing of Fiona Apple was particularly inspirational to her. 

To pursue her musical career more seriously she entered a music engineering school in NYC, The Institute of Audio Research. After graduating salutatorian, she interned at the recording studio  Strange Weather based in Brooklyn.

She was given an opportunity  to work on  the production of  36 Seasons by Ghosface Killah. She also put in time at the  world famous  jazz club Birdland, live mixing for the Grammy Award winning band The Afro Latin Jazz orchestra, and other jazz acts. 

While in New York, she experienced the loneliness, alienation and emotional struggles that come with life in the Big Apple. 

She sought refuge in spiritual disciplines, yoga and meditation, eventually becoming adept enough to guide others.. Meditation and yoga are still a huge part of her life, and perhaps what gives her an aura of warm serenity—not the chilly vibe you’d expect from a snow woman. 

During her time in New York, she was also taken under the wing of Justyn Pilbrow, a respected music producer who has handled major acts such as Halsey and The Neighbourhood.

After leaving New York and coming back to Japan she also became more interested in her own Japanese background and traditional music. It provided her with some solace as

She continued to work with Justyn Pilbrow and was also able to collaborate on musical pieces with Japanese virtuosos of  Koto (Japanese lute), Shamisen, Shakuhachi (windpipes) and the Taiko (Japanese drum). 

Her first single, Denial, has instrumentation featuring the shakuhachi and taiko. “The shakuhachi is such a beautiful instrument—it can express so much pain and tension.”

The video of the song is based on the story of Japan’s creation, as told in the Kojiki, a classic of ancient Japanese literature. The creation of the world starts with the first two existing Gods Izanagi (male God) and Izanami (female God). After forming Japan’s islands they gave birth to other gods—the god of the wind, seas, and more.  But Izanami, after giving birth to the God of Fire dies from the trauma and fatal wounds.  Her spirit goes down to the underworld. Izanagi who misses her terribly, decides to descend to the underworld to bring her back—like Japan’s own Orpheus.

The video, using Butoh dancers, brings to life the myth of creation, death and renewal. But what is the song about on a personal level?  Fasting? Living without material goods? Denial of French culture, or Japanese culture?

Ukico answers, “It is a song about breaking up and the end of love. But it is a bit more than that.  I was protecting my heart, not to fall in love again. I was in denial of closing my heart when I started to write it. But also there was underlying denial that I am mad at somebody. 

But the real denial in the song is that I am angry at myself. It is because of myself, because of how I am choosing how to deal with things that the suffering comes. And there is some wisdom and transmutative power in understanding that.” 

The Past Present

Everyone knows there is a dark side to journalism. If they don’t, they just haven’t worked the job long enough. It’s even darker when you work for a Japanese newspaper that still has morning and evening editions. That means six deadlines a day, since each regional version has its own deadline. I don’t miss those days.

When you’re on the police beat, you essentially live within the police press club. There’s at least one 24-hour shift a week, in which you may or may not catch a couple hours of sleep between 2 and 5:30 a.m., when you have to check the papers to see if the team has been scooped and notify the boss and the reporter in charge of the division.

You’re never home. You’re never not on call. Most of us end up divorced or legally separated. You will not be able to avoid hounding the friends, families and victims of a horrible crime for their statements and photos of the deceased. It’s a hyena-like task that I still do and will always dislike.

The darker side of the police beat or investigative journalism in Japan, especially when covering the yakuza, or as the police call them boryokudan (暴力団), or violent groups, is that eventually you’ll meet with violence. And I have several times. It’s left me with a litany of injuries – a weekly regimen of physical therapy, chronic post-traumatic stress and some brain damage.

As it stands, the head injury I suffered in 2010 has been both a blessing and a curse. It has resulted in temporal lobe seizures, less frequent as time goes on. I have a lesion in my brain, located around the temporal lobe – the product of a two-story fall, I suppose that was the initial injury (1986). In January 2010, an angry source – an ex-yakuza high as a kite on some very good crystal meth – kicked me in the head after I set him off and what was a conversation turned into a knock-down brawl. I believe he was in the midst of meth psychosis so it was hard to hold it against him.

It took a few days to realize that I wasn’t quite the same after that. I think that’s when things started going wrong on the temporal level; time was out of joint.

You might think that being able to relive the greatest moments of your life would a wonderful thing. You would be wrong. A few times a week, I have the displeasure, usually at random, but sometimes triggered by a sound or scent, of re-experiencing a past event in my life. Often they are very mundane. I wouldn’t call them memories, they’re stronger than that – they’re more than flashbacks. For me, they constitute a temporal dislocation; a disruption in the chronology of life; identity; of who I am and how I feel.

These re-experiences are things like laying down on a futon, beside a window on a rainy day. A woman I used to love, putting her hand on my neck and whispering something into my ear about the growth of oak trees in the summer. I lose myself for a minute, maybe just a few seconds. When I sleep, it’s worse. Sometimes, I relive violent events in my life—with all the fear, adrenaline, anger and pain that came with it. I feel the glass in my feet and I can’t stand up. When I calm down and check the soles and see that there’s nothing there–then I’m fine. It feels just as real as it did back then. I know that there’s no threat but my body doesn’t listen, so going back to sleep isn’t really much of an option. I could take a sleeping pill but that’s also another world of troubles.

I write a lot at night. I know many cafes and bars that are open at 3am; it’s good to have a place to go when it happens.

Generally, I’m very good at covering up my temporal disorder. I slip up now and then. I used to buy picture books for my children and then realize it has been years since they read books without words. My daughter when she was ten once horrified me by telling me that she was going to need a sports bra. Because in my head, I can remember reading to her Alice in Wonderland, the pop-up book, just last night. That was probably six years ago at the time. Everything seems like yesterday.

At least I’m blessed with faculties that tell me my sense of time and chronology is out of whack. But when I’m tired or sleep- deprived, it’s much harder to remember what was past and what is present. After a flashback, I have this strange feeling that time should have stopped where it was; that I should be walking into work at The Yomiuri Shimbun and filing an article on the latest hit- and-run. Right after one ends, I feel myself right back where I was at the time. It’s as if the world had been rebooted and put back to factory-shipped state.

After my temporal clock resets, I find myself feeling about a person I once loved exactly as I did – at what were wonderful little moments in the relationship. Weren’t we dancing together last night in a seedy bar in New York? Why can’t we just start at that point in time again? Because what happened after that doesn’t feel like it happened. It feels for a few moments as if that’s where time stopped.

I feel like I could go back to any point in time and pick up where things were. The rest of the world doesn’t function like that.

I’ve lost a lot of friends over the years. My mentor and sort of second father, Detective Chiaki Sekiguchi died of cancer in 2008. A colleague at the newspaper killed herself. People who were good friends and sources have gone missing. In 2010, lawyer and mentor, Toshiro Igari, was probably killed in the Philippines after taking on my case against the publisher of a yakuza boss’ biography. After obtaining the autopsy report from the Manila police, it’s clear that suicide was not the cause of death. A source, but not a friend, was shot to death in Thailand in April of 2011. I miss him as well, despite myself. My BFF, Michiel Brandt, passed away due to complications from leukemia in 2012. She was 30. I’m now 50. I keep waiting for the pain of that loss to be a little less but it stays. Even when you are well aware that life is impermanent and death comes to us all, sometimes it just seems too soon. There’s a part of you that doesn’t expect you to outlive your friends, especially when they are so much younger than you. Sometimes, I see her in dreams as well.

Sometimes, I have flashbacks to moments where I was a total jerk. Where I was rude or insensitive and I feel the same pangs of regret in the present that I felt in the past. I relive the mistake with no possibility of correcting it.

I have keys to apartments to where I can never go back in the physical universe. But in my own mindscape, I was just there and will be there again. Everything should be just where it was. The peanut butter in the cupboard, my toothbrush in a drawer, the balcony door open. The computer would be on the desk where I used to keep it. My desk in the Metro Police Headquarters should still have my stack of yakuza fanzines on top, stuffed into a cheap cardboard box. I wish I could throw away the old keys but I have this irrational belief that I will need them—even though the locks must have been changed and there is no reason to go back and no one there I know anymore.

Some of the memories are horrific. And they come with all the pain and horror of the time: photos casually shown to me that I never wanted to see; the smell of rusty iron from a bloody body, laying cut to shreds on a train track; or the sensation of burning, when a thug stubbed out his cigarette on my shoulder.

In general, maybe it’s because I’ve spent so much time in Japan, I try to take a stoic approach to things. The idea of seeing a psychotherapist to resolve mental issues seemed like a waste of time. But I finally went to see one in 2010, to try and do something about my insomnia. After a couple of sessions, the diagnosis was chronic post-traumatic stress disorder. He recommended anti- depressants to deal with the hyper-vigilance issues. I didn’t take them. I stopped going. I need to be hyper vigilant at times. It’s a survival mechanism.

I don’t want to turn it off; I just want to control it better. Meditation helps. Sleep helps. Exercise helps.

I thought that diagnosis would explain the strange flashbacks that were happening, but all I could find in the literature were references to people having flashbacks to traumatic events, not mundane or pleasant moments. It took a scan of my head and a visit to a neurologist to finally get diagnosed correctly.

There has to be a reason why we forget things. If we could recall the past too vividly, the present might pale in comparison. If we can’t forget, we can’t move on. Maybe our minds would explode with the complications of retaining memories of the past and awareness of the present at the same time.

I have anxiety about sleeping. I never know what time of my life I’ll wake up in. The persistence of the past both helps and hinders my relationships in the present. It helps because I get to relive mistakes and am thus reminded not do them again. It hinders because I’m able to forgive and then forget I’ve forgiven someone in the first place. Or forgive myself.

I’d like to walk on; I just keep treading water.

There’s a weariness that comes with covering violent crime, fraud, and human trafficking. There’s a sense of futility. You keep covering the same story, over and over – only the characters change. The narrative remains the same. In recent years, I’ve moved away from crime reporting and covering the yakuza. Bitcoin, politics, social issues, corruption, financial news. There’s a whole other world of things to report on–and just as important to know as well.

These days I’m in a good place mentally and physically. I am, if not happy, quite content with where I am and what I’m doing. But sometimes when I wake up, especially after having a disorienting flashback, I find myself strangely detached from life itself. I can only explain it by borrowing the words of Qoheleth, in the Book of Ecclesiastes:

What has been is still happening now

What has been will be again and be as it is

just as it was

There is nothing new under the (Iand of the rising) sun.

News: All That Is Fit To Drink, Without Fear But With Flavor

“Take this whisky, please,” said the elderly Japanese man running a liquor store in a small town in Ibaragi Prefecture. He was cheerful and insistent. “It’s called News and you’re a journalist, so it’s the perfect blend. Please, I have two bottles and it’s just gathering dust.” And as I protested, he pulled it off the shelf, lightly dusted it, put it in a bag and handed it to me.

It is April 20th 2019. I’ve been in Ibaragi for two days working on four stories with a television crew. The four stories are:

1) The problems Japan’s traditional lacquerware artists (urushi/漆の職人) are facing as the artisans capable of harvesting the sap from the urushi trees die off.

2) The mild and refreshing green tea of the region (奥久慈茶) which has almost died out due to the Fukushima disaster.

3) The tradition of crafting ink-stones (硯/suzuri) which are essential for beautiful Japanese calligraphy (Shodo/書道・習字)

4) The history of konyaku (菎蒻) which is used to make Shirataki noodles, faux sashimi, and has become very popular because it’s filling and low in calories.

I was also considering a fifth story about the local delicacy: Shamo. Shamo (軍鶏) are free-range chickens that were originally fighting birds (喧嘩鳥) used in cock-fights and later domesticated. We had lunch at a place famous for it’s Shamo Oyako-don, which is chicken and egg over rice. Oyako means parent and child and if you think about it, eating a chicken with egg, is kind of horrifying. Don’t think about it.

The town we were visiting once had a population of over 40,000 people 20 years ago, but is down to a third of that number. The Game Center is shuttered and looks like it has been that way for many years. Many of the stores on the main road are out of business. Trains come once per hour and after 5pm, you can’t even leave by train.

I had some time to kill after lunch at the local restaurant and walked over to the liquor store down the street. There appeared to be no one inside but the light was on, so I opened the door. Within a minute, a cheerful, and dapperly dressed thin man with grey hair and grey slacks came out and greeted me. I looked around the store—and on one shelf were three bottles of Suntory Whisky, each which must have been ten years old or more. We chatted and I tried to buy one of them from him.

“I couldn’t sell these to you in good conscience. They’re very old.” He opened one and showed me the line of the whisky. “You can see some of it has already evaporated. It wouldn’t be fair to sell it to you.”

I thought about just giving him three times the price of the bottle on display. The hand-written card in front of the bottle was slightly discolored. I realized that this guy had no idea how much Japanese whisky was now worth. And you know, like everyone in the world, I had this fleeting thought of, “Wow, I could really make a fortune buying this guy’s whisky for a fraction of what’s it worth.” I thought about doing that….and then I explained to him that the price of Japanese whisky, especially old whisky, was skyrocketing.

He listened with some interest and raised an eyebrow. “To be honest, I don’t really like whisky. I’d rather drink something else. So I had no idea. How about you? Are you a whisky fan?”

“I like sake–given a choice.”

He nodded. “Me too. This might be my favorite,” he said while handing me an empty bottle of Kudoki Jozu. The name of the sake loosely means, “Talking a woman (man) into having sex with you.” It is also a delicious, dry and tart wonderful sake. I told him that I was fond of Suigei (酔鯨/drunken whale) and the local brew. We talked for fifteen minutes but then I had to leave. I asked him to consider selling me one bottle of whisky and he said he’d think it over.

Today, I dropped by the liquor store once more, before it closed–meaning before 5:30 pm. He greeted me like an old friend and he showed me all his favorite booze, including the empty bottles, collector’s items, and everything Suntory that he had–as well as some rare Nikka whiskies. However, he wouldn’t budge on selling me any of them. “I don’t know if they’ve aged well. I’d feel bad.”

But then, as if he had been waiting, he pulled off a back shelf a 1000 ml bottle of a whisky I’d never heard of, Kirin-Seagrams whisky NEWS. I looked for some information on the bottle but all it told me was that it was 80 proof, malt-grain. And some odd notes in English: One Liter Per Month. NEWS is light & smooth. You can enjoy it on the rocks, with water, or with anything. NEWS can create your new lifestyle.

I thanked him—he was insistent I take it–and took the bottle back to where I was staying and began pulling up what I could find about it on the net. It had been launched by Kirin around 1983, and they had even hired a hot Hollywood actor, Jan Micheal Vincent, to shill it in a Japanese commercial. The commercial was taken off the airwaves when it was widely reported that Vincent was an alcoholic; his alcoholism was definitely not good news for the NEWS brand name.

I wondered what it might taste like. One guy had found a bottle in the home of a relative, consumed the whole thing and posted a review. He noted it was free from any peculiarities and had crisp and clear taste. I found one or two web sites selling bottles of it with prices ranging from $50 to $400 (as part of a set).

So as I sat in my room, my conscience began to bother me. Because I don’t think he realized he’d given me $50 worth of booze–and a whisky that is no longer in production. I decided I needed to buy something from his store at least. The problem was that there was no ATM anywhere in site. Even the convenience store at the station didn’t have an ATM. I borrowed money from the cameraman, rather sheepishly, and ran back to the store before it closed. He was mildly amused to see me again and before he could ask any questions, I said, “You gave me a great bottle of whisky. Let me at least buy something. What’s the best sake here?”

He thought about it and then pulled off the shelf a bottle of (家久長・霊水八溝/Hakucho-Reisuiyamizo). I bought it and asked it was dry sake (辛口) and he whispered, “It used to be very dry but these days it’s sort of in the middle. It’s still very good.”

He sold it to me at wholesale price. I didn’t have any room in my bags left for another bottle of sake and the 1000 ml bottle of whisky, so I looked for something else in the store. There was some really beautiful looking pottery–a sake glass, a tea cup, and a coffee cup. I asked if they were also for sale and he replied, “Oh, my friend asked me to put those there. He’s a potter. He makes good pottery. You can buy them, if you really want do.” And so I did.

I know slightly more about whisky than I do about pottery but that’s not saying much. The sake: 霊水八溝 is really good.

He packed them up nicely and I profusely thanked him. As I was leaving and he started turning off the lights and closing the store, he said to me, the following words.

“Well, if you ever do make it back this way again, let me know. I might sell you the whisky if you really want me to. You might know better than me. But if I were you,” he paused, “I’d drink that whisky I gave you with a bunch of your fellow journalists. It’s a lot of whisky. If you never drink it, it’s just going to end up somewhere else gathering dust and that’s a shame. Good booze is meant to be savored, not to be kept on a shelf. Thanks for coming in.”

Sometimes, I forget one of the reasons I have come to love Japan over the years–the unexpected kindness of strangers. It happens more often than you’d expect.

And so even with what I paid for the sake, the teacups, the coffee cup and the sake glass–I still didn’t pay anything close to what the whisky is worth. So maybe I will drink it with a group of friends after all. The sake has been around longer than I’ve been in Japan and maybe drinking it with friends would be the perfect way to celebrate what will be over three decades in Japan this summer. (I arrived in Japan on September 14th 1988).

Of course, I also feel a journalistic duty to drink this booze. It looks like the liquor advertised in 1983 and is being sold at an incredible mark-up all over the world, but I can’t be sure. If I don’t open it up, drink it, and confirm it with multiple sources–I’ll never know whether it’s real NEWS or fake NEWS.

Sometimes, to make sure you’re getting real NEWS, you need expert advice, good friends, several sources and some big round ice cubes.


Kirin-Seagram began making this Japanese whiskey in 1983. It was designed to improve with age, be affordable, smooth, and easy to digest. It hasn’t been made since the late 1980s. And now I have one bottle.

Full Kondo

In Japan, Saving Face Trumps Justice. Your odds of being found guilty: 99%

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Meditations on long-form journalism, Japan, Bitcoin and Justice

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Exclusive: Former Prosecutor Says, “If Ghosn is rearrested, NISSAN CEO should be arrested as well”

Nobuo Gohara (郷原信郎元検事)

Note: We met with former prosecutor Nobuo Gohara, last week, to discuss the arrest and prosecution of Carlos Ghosn. Mr. Ghosn has been accused of financial crimes, and has now been detained 23 days and rearrested. With Gohara’s permission, we are publishing his translated observatiosn about the case, written prior to the re-arrest of Mr. Ghosn today (December 10th 2018). *Portions of this were previously published in Japanese on Yahoo! News. 

The Arrest of President & CEO Saikawa is Inevitable if  Mr. Ghosn is Re-arrested based on Fake Statement made in the Last 3 Years

The End of The Myth of The Special Prosecutors is one book that Mr. Gohara has written on Japan’s prosecutors going off the rails.

Today (December 10) was the last day of the extended detention of Mr. Carlos Ghosn, who was arrested by the Special Investigation Unit of the Tokyo District Court on November 19 and was removed from the Representative Directorship of Nissan 3 days thereafter at the extraordinary board meeting, as well as Mr. Greg Kelly.

The suspected offense of his violation of the Financial Instruments and Exchange Act turned out to be the fact that he did not describe the “agreement on payment of compensation after his retirement” in the securities report.  However, given that the payment had not been determined and that it cannot be considered as a fake statement of an “important matter”, there are serious concerns about considering this non-description a crime.

The End of The Myth of The Special Prosecutors is one book that Mr. Gohara has written on Japan’s prosecutors going off the rails.

There has been an increasing skepticism about the method of prosecutors’ investigation who suddenly arrested Mr. Ghosn at Haneda Airport inside his personal aircraft when he just returned to Japan.  As I have pointed out in my article (“Ghosn Can Only Be Indicted if Prosecutors Follow Their Organizational Logic”), since the prosecutors have arrested him based on their unique decision, it is impossible for them “not to indict Mr. Ghosn”, as it would be self-denying and contrary to the “logic of the organization”.  It had thus been fully anticipated that the prosecutors would indict Mr. Ghosn today.

However, the facts that have newly been revealed through the subsequent media reports are raising even more serious concerns with respect to his arrest based on the “agreement on payment of compensation after his retirement” (although various media organizations report that those facts constitute the ground of his indictment by the prosecutors).

Could this herald the possible “collapse” of the prosecutor’s case

There is Virtually No More Possibility that Mr. Ghosn will be Re-arrested with the Crime of Aggravated Breach of Trust or the like

First of all, it has been reported that the prosecutors intend to re-arrest Mr. Ghosn on the ground that he has “underdescribed his executive compensation of 4 billion yen for the last 3 years”.  The facts that constituted the ground of his arrest and detention to date had been the fake statement around the “agreement on payment of compensation after his retirement” for the period of 5 years up to March 2015 term.  The prosecutors, however, are intending to re-arrest him based on the same fake statement but for the last 3 years up to March 2018 term.

“When The Thinking Processes Of The Organization Stop” discusses the implications of an infamous case in which a prosecutor forged evidence and dysfunctional organizations in general

There had been a speculation that the fake statement in the securities report was merely a ”starting point” and that the Special Investigation Unit was contemplating to pursue some “substantive crime” such as aggravated breach of trust.  However, had they been able to pursue the crime of aggravated breach of trust, they would have re-arrested him based on that.  Given the overloaded investigation lineup of the Public Prosecutors Office, which has been accepting prosecutors dispatched from the District Public Prosecutor Offices, as the year end approaches when they need to send the dispatched prosecutors back to where they belong, they would want to avoid arresting him based on the new facts on and after December 10 unless extreme circumstances arise, because the period of detention of 20 days would then extend to the year end.  This means that the only “charge” based on which the prosecutors intend to indict Mr. Ghosn is the fake statement of his executive compensation.  On the basis that they will re-arrest him based on the same fake statement as the facts constituting his initial arrest and detention, it is highly probable that the investigation will end there.

This is a scenario which I have predicted, as I have repeatedly stated since right after the arrest.  That is, based on the facts that have been reported, it is unlikely that Mr. Ghosn will be indicted for the aggravated breach of trust (“Ghosn Case: Yomiuri Beginning to Ditch Prosecutors while Asahi Cling to Them”).  However, for those who firmly believe that the “justice always lies with prosecutors” and because of that believe “Mr. Ghosn, who was arrested by the prosecutors, is a villain”, it would be hard to accept that the investigation would end by only charging him with such a trivial crime as fake statement and not criminally pursuing any “substantive crime”.

Serious Issues Concerning Procedures of Detention

Of further significance is a “serious issue concerning the legality of detention” in relation to the re-arresting of Mr. Ghosn and Mr. Kelly based on the “underdescription of Mr. Ghosn’s executive compensation of 4 billion yen for the last 3 years”.

A securities report is something which is prepared and submitted each business year.  As such, there is supposed to be “one independent crime” for each business year, totaling to 8 crimes, if there are fake statements in all securities reports for the period of 8 years from March 2010 term to March 2018 term.  However, the charge against Mr. Ghosn with respect to the “agreement on payment of compensation after his retirement” is different from a standard fake statement in the securities report.

An “MoU” was said to have been made between Mr. Ghosn and the Head of Secretary Office every year with respect to part of the executive compensation payable after his retirement under the pretense of some other payment, which had been kept secret to the Departments of General Affairs and Finance of Nissan and had been kept confidentially.  The securities report for each year had been prepared and submitted without regard to the agreement made in such “MoU”.  Since the acts of preparation of the “MoU” for 8 years had been repeated every year under the same intent and purpose, they constitute “one inclusive crime” provided that they do constitute a crime.  They should effectively be interpreted as “one crime” as a whole.  “Dividing” these acts into those conducted during the first 5 years and those during the last 3 years for the purpose of repeating the arrest and detention means arresting and detaining based on the same facts, which is a significant issue in terms of due process of detention.

On top of that, if the prosecutors intend to re-arrest them based on the acts in the last 3 years after completing their investigation and processing of the fake statement for the first 5 years, it would be that they had “reserved” the acts of the last 3 years for the re-arrest.  This is an unjustifiable detention which deviates the common sense of prosecutors.  Inevitably, Mr. Ghosn and Mr. Kelly would file a quasi-complaint with respect to the detention or a special appeal with the Supreme Court, claiming that it is an unjustifiable detention in violation of due process under Article 31 of the Constitution.

It Would Be Difficult to Deny Criminal Liability of President Saikawa

“When The Thinking Processes Of The Organization Stop” discusses the implications of an infamous case in which a prosecutor forged evidence and dysfunctional organizations in general, which could apply to Nissan at present.

A more significant issue is that it has been reported by Asahi, Nikkei, and NHK that Hiroto Saikawa, President and CEO of Nissan, has also signed the “document agreeing on the post-retirement compensation”. It has been reported that Mr. Saikawa has signed a document titled “Employment Agreement”, which describes the amount of compensation for the agreement prohibiting Mr. Ghosn to enter into any consulting agreement or to assume office as an officer with any competing companies after his retirement.  It has also been reported that, apart from the above, a document was prepared which specified the amount of compensation which should have been received by Mr. Ghosn each term and the amount which had actually been paid, as well as the balance thereof, and that it was signed by Mr. Ghosn the ex-Chairman and the executive employees as his close aides.

The prosecutors and media may be denying the criminal liability of Mr. Saikawa  for his fake statement of the executive compensation based on the reason that, although he had been aware of the payment of compensation as consideration for the prohibition of Mr. Ghosn’s entrance into any consulting agreement or assumption of office with competing companies after his retirement, he had not recognized it as a payment of executive compensation under some other pretext, and because of this, he did not know that it should have been described in the securities report as “executive compensation”.

I wonder, however, how President Saikawa had recognized the consideration for the prohibition concerning the consulting agreement and non-competitive agreement.  If he had signed the document based on his understanding that it was a legitimate and lawful payment, it would mean that the agreement has its basis and that Mr. Ghosn has an obligation to refrain from entering into any consulting agreement and competing in return for the payment.  It would thus be considered a “legitimate contractual consideration” rather than a “deferred payment of executive compensation”.

Above all, why did Mr. Saikawa think it was necessary to enter into an agreement that prohibits Mr. Ghosn from entering into any consulting agreement or competing after his retirement when there was actually no specific sign of his retirement?  We can never understand the reason unless the agreement is explained as an “alternative for reducing the executive compensation by half”.  In the end, we cannot help but think that Mr. Saikawa had almost the same recognition as Mr. Ghosn and others with respect to the agreement.

The offense of the crime of fake statement in the securities report is constituted not by “making a fake statement” but by “submitting” the securities report with a fake statement on an important matter. The person who has an obligation to ensure accurate description and “submission” is the CEO in the case of Nissan, which is Mr. Saikawa from and after March 2017 term.  If, as mentioned above, Mr. Saikawa had largely the same recognition with Mr. Ghosn with respect to the “post-retirement payment of compensation”, we have to say that it is Mr. Saikawa who would primarily be criminally liable for the last 2 years (apart from the severity of the ultimate sentence).  That is, if the prosecutors are to pursue the indictment of the fake statement of the securities report for the last 3 years, it is inevitable to charge Mr. Saikawa as well.

Can Mr. Saikawa Withstand Criticism of being Involved in “Backdoor Agreement” with Prosecutors?

This is when the idea of plea bargain occurs to us—that is, whether or not there is a possibility that Mr. Saikawa has agreed to a plea bargain with the prosecutors by cooperating in the investigation on the “crimes of others” (i.e., of Mr. Ghosn and Mr. Kelly), thereby being exempted from criminal punishment.

It is possible that there is a “backdoor agreement” between the prosecutors and President Saikawa “targeting” Mr. Ghosn and Mr. Kelly.  However, if such agreement exists, where it is agreed not to charge President Saikawa, what was it all about that he criticized Mr. Ghosn at the press conference immediately after his arrest, going so far as to say that he “felt resentment (toward Mr. Ghosn)”?  There is likely to be severe criticisms against such agreement as well as against Mr. Saikawa domestically and internationally.  Furthermore, if this is the case, it is likely that Mr. Saikawa falls under the “party with special interest” in relation to the extraordinary board meeting where he served as the chairman and determined the removal of Mr. Ghosn from his position of the Representative Director and Chairman. This may affect the force and effect of the vote (““Serious Concern” over Plea Bargain between Executives of Nissan and Prosecutors” – Are Directors Involved in Securities Report able to Participate in Voting relating to Removal of Ghosn?).

Given all of the above, if the prosecutors are to re-arrest Mr. Ghosn and Mr. Kelly on the ground of a fake statement in the securities report for the last 3 years, there is no other choice than to arrest Mr. Saikawa and hold him criminally liable.  However, this would virtually mean the collapse of the current management team of Nissan which executed a coup d’etat at the initiative of President Saikawa and upset the Ghosn Regime.  The investigation of the prosecutors, which has been conducted in close cooperation with the management team of Nissan, is also at a risk of “collapsing”.

*Translation was provided by Mr. Gohara’s office, with some minor editing by JSRC staff for clarity based on the original Japanese text.

Should Japanese men have the right to molest women on the train? A close friend of the Prime Minister writes, “Yes!”––the magazine goes out business

“The deepest suffering belongs to the men who are plagued with the symptoms of train groper syndrome (痴漢症候群) in which his hand automatically moves when he steps on a packed train and catches a whiff of a woman. Shouldn’t society protect the rights of them [train molesters]?–Eitaro Ogawa, close associate of Prime Minister Shinzo Abe in Shincho 45, on the rights of chikan

In this month’s issue of the monthly magazine Shincho 45 (新潮45), Eitaro Ogawa, author of many works praising the leadership of Prime Minister Shinzo Abe–and his advisor–published an essay apparently asserting that men (痴漢) should have their right to grope women be protected. Understandably, that is drawing the ire of the on-line community and the real world. UPDATE: In fact, on September 25, Shinchosha (新潮社) announced the publication was being shelved (休刊) for the time being. 

 

The author of this book, which had sales subsidised by Prime Minister Abe, has asserted Japanese men should have a right to grope women on the train. Yes, according to Eitaro Ogawa, if you’re a woman in Japan and you get groped on the train–it’s because you’re giving off pheromones. The scent of a woman is the culprit and the victim is the chikan (train pervert).

Ogawa’s rant was one of many articles in their special October issue about whether it was acceptable to discriminate against the  lesbian, gay, bisexual and transgender community (LGBT).

It was a follow up to the August edition of the same magazine which published a piece by lawmaker Mio Sugita bashing the LGBT community as dead weight on society and a waste of any public funding.  In the magazine’s October feature section, ““Is Sugita’s article that outrageous?”, Ogawa and others sounded off on the topic. Prime Minister Abe has refused to admonish Sugita, claiming that she was “young and should be given slack”.

Ms. Sugita is 51 years old which makes the “crazy teenagers having fun” aka Brett Kavanaugh defense even more ridiculous.

She was recruited by the Prime Minister to join the Liberal Democratic Party.  She’s also blamed rape victims for being raped in other past statements.

The October issue in the special feature, has a rambling nearly incoherent essay by Ogawa on LGBT issues. He seems to classify homosexuality as a fetish, like an ass fetish, or a fondness for BDSM. However, his crowning moment comes in the following passage.

“The deepest suffering belongs to the men who are plagued with the symptoms of train groper syndrome (痴漢症候群) in which his hand automatically moves when he steps on a packed train and catches a whiff of a woman. Repeated offenses show that it is an uncontrollable urge stemming from the brain. Shouldn’t society protect and reserve their rights to grope [women]? Oh, you’ll probably say we should think of the the shock it causes for a woman. If you want to talk about shock, well, the sight of the honorable LGBT walking in the streets in mainstream media is shocking to me. Shocking to the point of a being deadly threat to me. I must ask of them to speak only after they have paid me a insurmountable amount for damages.”

〈満員電車に乗った時に女の匂いを嗅いだら手が自動的に動いてしまう、そういう痴漢症候群の男の困苦こそ極めて根深かろう。再犯を重ねるのはそれが制御不可能な脳由来の症状だという事を意味する。彼らの触る権利を社会は保証すべきではないのか。触られる女のショックを思えというのか。それならLGBT様が論壇の大通りを歩いている風景は私には死ぬほどショックだ、精神的苦痛の巨額の賠償金を払ってから口を利いてくれと言っておく。〉

Yes, according to Ogawa, if you’re a woman in Japan and you get groped on the train–it’s because you’re giving off pheromones. The scent of a woman is the culprit and the victim is the chikan (train pervert). Ogawa attempted to walk back his statement on television programs this weekend by saying the meaning of his essay got lost to the reader. A professor at Meiji University who appeared on a television program with Ogawa responded by saying, “If you write this kind of crap, so that the meaning gets lost, you should just stop writing. Seriously.”  Perhaps Ogawa only meant to be rhetorical but the text of his words, on their own, offend most sensible people. He may have been attempting to say that since in his mind, groping people on trains and being homosexual are just two different kinds of sexual perversion, that offering to protect the rights of one (homosexuality) over the other (men groping women on trains)  was ridiculous. Of course, he appears to be the most ridiculous of them all.

Ogawa has written many works lavishly praising Prime Minister Abe.  

On of his books lauding Abe,「約束の日」(The Promised Day) was published in 2012, right before the Liberal Democratic Party General Director elections which put Abe back in power for his second term as Prime Minister. The book was purchased in bulk by Abe’s political fund, 「晋和会」(Shinwakai).  They reportedly spent 7,000,000 yen (70,000 dollars) buying copies of the book, briefly elevating it to best-seller status.

Ogawa is one of several Abe literati profiting from their connection to the politician. Others include his unofficial biographer, Noriyuki Yamaguchi, a former Washington correspondent for TBS. In 2015, Yamaguchi was under investigation for the alleged sexual assault of journalist Shiori Ito and an arrest warrant was issued on rape charges against him. The arrest was stopped by Itaru Nakamura, a career bureaucrat from the National Police Agency, who also served as personal secretary to Abe’s cabinet spokesman. The investigation was then scuttled. Yamaguchi has denied all allegations. Ito is suing him in civil court for damages.

Ogawa was one of several members attending a party supporting Yamaguchi’s efforts to reinsert himself into the media after a period of being shunned.

Takanobu Sato, the president of Shinchosha Publishing Co. made a statement last week that the magazine’s special section contained expressions full of prejudice and was objectively offensive. There was little clarification of what exactly was unacceptable.

Ironically, Weekly Shincho (週刊新潮), in the last year has distinguished itself with outstanding investigative journalism and was the first publication to take up the case of Shiori Ito. It documented how a police investigation into her rape case was hijacked by political forces and how it was derailed by a close friend of the Abe cabinet, abusing his authority as a high-ranking police official.

Unfortunately, Shincho 45, has taken the approach of pandering to right-wing readers in order to boost sales. Or perhaps they are hoping that the Prime Minister’s political fund will buy $70,000 worth of an issue–now and then. Even within Shincho Publishing, there has been concern over the direction Shincho 45 has taken. In the company announcement of suspending the publication,  they admitted that in their trial and errors to boost sagging sales their had been insufficient oversight of the contents.

Ogawa has not walked back his essay.  So while conservatives may lament the loss of another right wing publication, on the other side, Japan’s train perverts can rest a little easier now that they know they have someone on their side whispering into the ear of the Prime Minister.

While Abe has deftly avoided making racist or misogynist statements, his propensity to surround himself with accused sex offenders, misogynists, gay-bashers and appointing rabid racists and sexists to cabinet positions, suggests that maybe he shares their view. One wonders. Under his reign, Japan’s gender equality ranking has sunk to a new low of 114 out of 144 countries.

Mari Yamamoto contributed to this article.