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.

Living Without A Data Plan In Japan: Roaming Free But No (Data) Roaming

by Flory Leow

“You want a no-data plan? We have one, but it’s almost the same price as having data…”

Sayonara 24/7 Chained To The Phone Life

Last week, I walked into a U-NEXT store to check out smartphone plans. I’ve had a Japanese flip phone since 2013, and I wanted to see if I could buy a SIM-only plan from them instead. This is when I learned that no salesperson today is prepared to deal with customers who want data-free plans. The assumption is that everybody wants mobile data — the more, the better.

I walked out of U-NEXT without buying anything. Data is cheap, but you can’t put a price on attention and presence.

The cost of data has fallen considerably over the last few years. Even here in Japan, where the de facto cartel has kept contract prices and cancellation fees high, you can, at the time of writing, sign up for a u-mobile 1-year contract for a relatively low monthly sum of JPY1,360 per month for 3.3GB of data with no cancellation fees after one year.

(The salesperson really tried to upsell that data plan to me.)

Prices never used to be this low. When I lived in Tokyo from 2012–2013 as an exchange student, your options for mobile data plans were 2-year contracts with hefty cancellation fees for breaking them a year in. The only option at the time that didn’t involve a cancellation fee was a Softbank prepaid flip phone. I took it. Public WiFi was virtually nonexistent back then. I recall mild inconveniences, but nothing particularly terrible.

Moving back to Japan in 2015, I continued using the same phone and number. Barring a period of around 6 months where I owned a company-sponsored smartphone with data, I have not had mobile data since 2015.

Everyone I have talked to about this has bemoaned their various states of addiction to their phone, for whatever reason; very few do anything about it. Fortunately, I have not really needed to do anything — doing nothing to change my data situation is exactly what’s keeping me sane.

It’s hard to say without data (ha!), but it seems that owning a smartphone these days equals having a data plan. It is inescapable, maybe even inevitable. There’s plenty of talk about switching off the phone, but few discuss the merits of actually forgoing mobile data altogether. Most articles indexed on Google talking about this are dated to several years ago. (See Further Reading below.) But given the conversations and growing awareness surrounding internet addiction, I think eliminating mobile data should be one choice in an arsenal of options to manage the time we spend on our phones.

It’s a weakness

Not having mobile data began as an exercise in moderate frugality [1], but as the years went on it became more about preserving my sanity, preventing myself from free-falling into constant swipe-mode. Airplane mode isn’t enough for me because it’s too easy to switch back to cellular mode. My last job left me so addicted to looking at email that every instinct in me now has to fight the constant and imaginary demands on my attention, to consciously stop myself from reaching for the phone. I fail at this dozens of times a day, sometimes stopping at just lighting up the phone screen with the home button.

I then imagine how much worse this would be if I had mobile data and did this outside my apartment. So every year I wonder if I will succumb and pay for the convenience of a data plan; every year I find myself increasingly unwilling to do so.

A decision like this puts me in good company. Evgeny Morozov, for instance, locks his phone and ethernet cable in a timed safe on weekends instead of wasting willpower and energy on “having the internal conversation.” A dear friend, Kate, has no data plan. Kat, another close friend, has begun switching her phone off for a day or two a week.

Everyone I have talked to about this has bemoaned their various states of addiction to their phone, for whatever reason; very few do anything about it. Fortunately, I have not really needed to do anything — doing nothing to change my data situation is exactly what’s keeping me sane.

Presence

I think I’m lucky: most of my friends are great at being present. They turn their phones face down, or keep them in their bags. I hear this is becoming rare, which feels like a deep loss. Mobile data has, in the last few years, reduced everyone’s collective ability to be present in the moment.

I’ve sat at dinner tables where everyone’s face is lit by the glow of a smartphone screen as they post something to Instagram, reply to a WhatsApp message that just flew in, or deal with an ‘urgent’ work email (which is never really all that urgent; such is the tyranny of capitalism). I have watched people I have been just a little in love with read emails on their phone or scroll through Facebook, while we’re out somewhere in the city, and have felt my heart break a few hundred times. I can see the involuntary twitch of their hands reaching for their phones when we talk.

It happens to me too. When I’m in a place with WiFi, I am more distracted, more prone to flipping my phone open. Some part of my brain is low-key reminding me that I have messages to reply to, emails to send, Instagram feeds to check. I have frittered away hours and hours scrolling and swiping. I am also a bit shit at being present in the moment even without my phone. The only time I can’t look to my phone is when I’m outside in the world without data.

None of this is to say that having mobile data makes everyone automatically become a little bit shit. But the ubiquity of mobile data has made it easier for otherwise lovely people to disregard social courtesies. It helps people justify scrolling through their phone at the dinner table because everyone else is doing the same thing.

The other part of being present when I’m out is seeing the world in ways I might otherwise never notice if I’m walking around staring at a screen. I might never have begun photographing doors, or plants. I might have been too busy uploading photos to social media to pay attention to the mountain in front of me. I like to think I’m better than that — but I’m not.

Why I don’t need mobile data

A few things make it easier for me to opt out of mobile data:

I don’t have a job that requires me to look at emails 24/7. No watching the stock market, or employers who breathe down my neck asking me if I’ve seen this thread. No customers who want urgent answers to their trivial questions. And so on.

It’s quite the opposite: I focus substantially better when writing in completely disconnected environments.

(Yes, I think I’m very lucky — and I wish everyone else could have something like this, obviously.)

I read, write, and speak fluent Japanese. Which means no need for Google Translate. Navigating Tokyo is not an issue.

I don’t have kids. I mean, people have raised children for centuries without mobile data, but modern parents seem to think that constant connectivity is necessary for parenting. (Another kettle of fish altogether. Please talk to someone else about this.)

I have high-speed WiFi at home. This is something I’m lucky enough to be able to afford, and it’s also necessary for my work. Given the choice between mobile data or an internet connection, I’d choose the latter every time.

There’s free, public WiFi all around Tokyo. Yes, really! See the last section of this piece.

The truth is that I am as addicted to social media as the next Instagram junkie. I’m not proud of this, but it’s true. I find myself reaching for my phone every few minutes; on the train I sometimes even open apps that I know won’t load just to quell my dopamine-addicted brain. It’s precisely because I know myself too well that I continue choosing not to have mobile data instead.

(Plus, that’s an extra $15 a month I can spend on runny eggs — which give me more pleasure and joy than any amount of feed-refreshing ever could.)

But but but

Isn’t it inconvenient? Sometimes. But that’s all it is — an inconvenience. I don’t miss having it when I’m outside. If I need it, WiFi access is available at home, at cafes, in train stations. Plus, public WiFi is great for accessibility across socioeconomic classes, and for tourists.

Sure, I’m an impatient motherfucker and rage as much as anyone else at certain inconveniences. But if there’s anything Japan’s million bureaucratic procedures has taught me, it’s to be patient with inefficiency. I don’t love inconvenience, but the cost of convenience is so much higher. Tim Wu says it more eloquently than I can.

What if we’re meeting and I’m running late? I don’t usually know when a friend’s running late, so I just have to trust that they show up, whether it’s on time or a few minutes late. That’s what we all used to do pre-smartphone. Again, much depends on having a reliable public transportation system. I remember it being significantly more difficult to be punctual in Malaysia.

If someone flakes on me and decides not to show up, that reflects badly on them. The upside is that this encourages specificity in deciding on meeting points (“Let’s do Exit B6 at Ginza Station, I’ll be above ground at the fire hydrant”) but also weeds out flaky people who you probably shouldn’t be friends with. If they can’t respect your time, they don’t deserve it.

Besides, if they really need to contact you, that’s what a phone number’s for. I hope I have your numbers for when the next earthquake hits.

What if you need to look something up? What burning fact would I need to look up right away that I couldn’t look up later? Do we really need to watch that video right now? See also: delayed gratification.

But you’re using your phone outside? Like on the train? Yeah, I’m usually reading articles I’ve saved to Pocket, writing/taking notes on strange people around me, or editing photos.

What about Google Maps? Look up routes and directions before setting out. Offline maps are useful and work well. There’s also something to be said for looking at the scenery around you instead of at your blue-dot-self moving around on a screen.

 

There have definitely been times when my offline maps stopped working while I was on the move, or things didn’t update. So I also like asking strangers for help, or looking at area maps in the neighborhoods. Talking to people! What a novel concept.

Uber? Grab? Lyft? Thankfully, none of these exist in Japan. Tokyo’s incredibly efficient public transportation system eliminates the need for ride-sharing apps… for now.

Maybe ride-sharing apps would be useful in more remote areas where there are fewer train stations. But then again, they probably wouldn’t be operating in those areas, and I’d still have had to walk for miles along Route 207 from Nagasaki to Saga prefecture just to find a bus heading to Tara. (True story. I don’t think having mobile data would have changed anything, except I’d have spent more time complaining about it to friends online — and maybe found a bus slightly faster.)

What if you need to drive? On the off-chance that I ever sit behind a steering wheel in Japan, I hope the car comes with sat-nav. Otherwise it’s back to pre-2007 days of parking by the roadside flipping through a map book.

What if you’re in the countryside? Even better! I can switch off! Researching stuff to do before you travel/leave your accommodation, or just using whatever WiFi is available there. I’m usually visiting someone who knows the area (and probably has mobile data, let’s be real.) There were also a couple of times I thumbed rides in Hokkaido and Aomori when I was stranded and couldn’t figure out buses.

I remember Couchsurfing with a couple in Aomori City back in 2013. They lived, insofar as was possible, a very off-grid lifestyle — no internet (they’d check their email at Internet cafes), only flip phones (one of the few things they used electricity for), no refrigerator, no washing machine. We’re no longer in touch, but it left a huge impression on me.

The only times I’ll have mobile data are when I travel to places I’m unfamiliar with and where I don’t speak the local language(s), like Morocco or Thailand; or, when I’m back in Malaysia and rely on Grab to go places. Even then, it’s optional. I went without a data plan in Busan because most cafes had free WiFi and I spent most of my time with a friend living there. It’s quite fun muddling through menus and going through the usual motions of cross-cultural communication — hand gestures, smiles, everything you need for your fellow human beings.

And so it is

Frankly, I like not having data. I like being able to say no to looking at emails. I love having my mind back, wandering into other connections and thoughts without the constant drip of stuff from the internet. I love looking at my friends when they talk.

The Dance of The Data Free

If you have mobile data and like it, good on you. I don’t wish to suggest that living without mobile data is a viable choice for everyone, nor do I want to sound like I’m preaching some ‘elite’ hippie lifestyle from a pedestal way up high. There are plenty of reasons to have mobile data — war refugees using social media to keep in touch; not being able to afford high-speed internet at home (though given the price of mobile plans in Japan this is pretty much similar); work conditions (which is a problem with society at large).

But if you think you can’t go through daily life without mobile data, you are wrong. We’ve survived for millennia without it, and when the next natural disaster in Japan knocks out mobile data providers for a bit, it’ll be useful to have actual phone numbers or to be okay with being a little disconnected for a while.

A Short List of Free Public WiFi Places in Japan (Mostly Tokyo)

Tokyo is a pretty great place to live without mobile data these days if you already have an internet connection at home. Try the following:

  • Tokyo Metro stations. Very rarely, the internet is down, and I feel a flash of irritation — and then I chide myself and take out the Kindle instead.
  • Starbucks. They’ve eliminated registration — hurray!
  • JR stations. It’s patchy and sketchy, but many major JR stations in Tokyo now have free WiFi (under the JR East Free WiFi network)
  • Some libraries, like the Hibiya Library with its characteristically low-security password (numbers 1 through 9. FIGHT ME HIBIYA STAFF). The Tokyo Metropolitan Library’s WiFi has so far been unreliable.
  • Some cafes have it. But it doesn’t really matter if they don’t.
  • 7–11 and Lawson’s have reliable WiFi. Accessing Family Mart’s WiFi requires a lengthy registration process before you can even go online, and it’s slow as hell. Don’t bother.

Yes, it’s all unsecured WiFi. Don’t buy stuff with your credit card, use it only when you need to, don’t register with your real email address, and all that.

A Lonely Footnote

[1] JOKES, I spend all my money on food.

Further Reading

Flory Leow is a sporadic writer, photographer, foodie and student of history living in Tokyo and blogging here and there. This article was previously published on her blog and has been reprinted here with her kind permission. 

Rock Out To Feed The Hungry! Monday, December 3rd–Improve your karma instantly by coming

In Tokyo, about two million people live below the poverty line. That means many families find it difficult to put food on their tables. The need is especially great during the holiday season, when many other residents are enjoying festive meals and celebrations.

For the second-straight year, Tokyo-based indie rock band Instant Karma is teaming up with the Second Harvest Japan food bank to help feed the less fortunate. The band is holding a night of music and fun at Ebisu’s What the Dickens pub on Monday, December 3, 2018.

Instant Karma–the band that rewards your good intentions with good music and a chance to do some good in this world.

Admission to the event is free, but attendees will be encouraged to make donations to the food bank which, in turn, will use the money to provide meals and food for those in need.

“We wanted to do something for others over the holiday period,” says Instant Karma guitarist/vocalist Mike de Jong. “Nobody should go hungry over the holidays.”

The band will play three sets of music, combining popular cover songs with originals. All four band members have agreed to turn over their payment for the night to the charity.

The Second Harvest food bank was established in 2002. The non-profit organization works with community groups to gather and distribute food to people across the country.

Last year’s Second Harvest event at What the Dickens raised several thousand yen for the charity. This year, organizers and participants are hoping for even better results.

“Last year’s show was a lot of fun. But it was more of a year-end party for volunteers,” says de Jong. “This year, it will strictly be a fundraiser. So even though it’s a Monday night, please come out and support people who need our help.”

Have one drink, make one donation, do one good deed, Instant Karma!

Contact: Mike de Jong at Instant Karma
MDMedia20 [@] gmail.com for more details. (Remove the brackets in the  address above when you send an email. 😉)

The Way of the Sword Requires a Ton of Sacrifice/ZAN movie review

by Kaori Shoji
You don’t know cool until you’ve seen ZAN (international title: “Killing”). A period action film set in the late Edo Period, ZAN is everything that The Last Samurai is not: minimalist, unpretentious and totally unsentimental. Back in Old Japan, sentiment was often a luxury few people could afford. It was hard enough to secure things like food and basic comforts, and the situation was harder for the samurai because they had to keep up appearances as the authoritative class.
(C)SHINYA TSUKAMOTO/KAIJYU THEATER

“I want you to think about all the mistakes you’ve made in your life up to this point,” he tells his bleeding victim. “You have plenty of time for reflection until you finally manage to die.”
ZAN notes that a samurai was defined by two things: 1) his sword and 2) his ability to kill others with that sword. The film also makes no bones about the incredible pain and grossness that accompanies a sword fight. It’s not like a TV period drama where one swish of a katana brings on instantaneous death–the process takes hours or even days of intense suffering. In one scene, after a close battle a samurai slices off the arm of an opponent, right from the shoulder. “I want you to think about all the mistakes you’ve made in your life up to this point,” he tells his bleeding victim. “You have plenty of time for reflection until you finally manage to die.”

Chilling. Isn’t it? ZAN is a lesson in Edo Period brutality and despite the obvious disregard for period detail (like speech patterns and vocabulary) it all feels eerily true. No one cracks a smile, wears make-up or even changes out of soiled kimonos. The sky is heavy with perpetual rain, the houses are pitch dark, cramped and dingy. The threat of pain and death is ever-present and the only respite is sex, or more often, masturbation. Something has got to give, but you sense right away that the giving isn’t going to be happy.

ZAN is directed by Shinya Tsukamoto – arguably the most innovative auteur working in the Japanese flm industry today, and distinctive for working solo. An indie wunderkind, he directs, writes his own screenplays, works on his own production designs and acts in crucial roles, in his own and other peoples’ films. Tsukamoto even auditioned for Martin Scorsese’s Silence and got the part of Mokichi. Rumor has it Scorsese thought Tsukamoto “looked familiar,” as the American director is a fan of his work, but didn’t believe that a man of Tsukamoto’s repute would actually show up for an audition. Scorsese was later flabbergasted to learn the truth and professed to be “in awe” of Tsukamoto – at least that’s the story floating around in the Japanese movie industry.

But it’s easy to believe that Scorsese was impressed because as an actor, Tsukamoto radiates a macho allure that’s hard to resist. In the movie, he plays an older samurai named Sawamura, a mysterious vagabond traveling from village to village in search of talent. Sawamura has an agenda – to form a platoon of free agent samurai and offer their services to some powerful lord. The era is late Edo, when the whole of Japan was in the fever grip of confusion and intrigue, all the while being pressured by Europe and the US to open up the nation, after nearly 260 years of isolation. Against this backdrop, hordes of samurai were fired from their clans and left to fend for themselves. Many of them were recruited as foot soldiers by the Tokugawa shogunate and its supporters that were anti-foreigner and desperate to preserve the status quo. Sawamura’s own political views are unclear but most likely he has none. Like many unemployed samurai at the time, gaining a steady position was the biggest priority and as a samurai, that meant killing people with his sword. “I want to do my part in these chaotic times,” he explains.
(C)SHINYA TSUKAMOTO/KAIJYU THEATER



Sawamura’s statement reveals the Edo samurai mind-set: Fighting for a cause or a political slogan was tacky. Killing to assert one’s identity as a samurai, was more like it. He wanders over to a village on the outskirts of Edo and observes a young samurai, Tsuzuki (Sosuke Ikematsu) having a mock sword battle with farmer boy Ichisuke (Ryusei Maeda). Tsuzuki had been hired on a farm in lieu of food and board, and had been giving katana lessons to Ichisuke whenever they had a moment free from working the rice paddies. Tsuzuki is an excellent swordsman and under his tutelage, Ichisuke has acquired a lot of skill. Sawamura wastes no time in recruiting them both, and proposes leaving for Edo in two days. Ichisuke is keen to go but Tsuzuki is inexplicably reluctant. The presence of Ichisuke’s sister Yu (Yu Aoi) is part of the reason – Tsuzuki always masturbates to the sight of her bathing and the story suggests he is a virgin. Could it be that he’s also a virgin as a murderer, and for all his grace and expertise with the sword, Tsuzuki has never brought his blade down on another man’s flesh?

ZAN twists and writhes its way to a bloody climax and by then you become well aware of the wondrous weirdness of the samurai. They are darkly backward in their thinking, swayed by a single desire to assert their samurai identity, which is on par with the will to kill. It overrides all other desires – for happiness, for justice, even for survival. It depicts not the noble samurai of Japanese fiction and The Last Samurai, but the samurai as they really were: bloody, brutal, barbaric and with no notions of the word Bushido(武士道). Bushido, both the word and the concept of a noble samurai were retroactively imposed upon the Edo-era culture by the writer Inazo Nitobe in 1900. His book Bushido: The Soul of Japan, written in English, was aimed at Western audiences, and tried to elevate the popular image of Japan. (The “Cool Japan” strategy of 1900).

In ZAN, the opening of Japan to the West and the subsequent demolishment of the samurai was just around the corner, but Tsuzuki and Sawamura are locked into an existence that no one, not even themselves, could fully comprehend or accept. They take us to a place that defies logic and explanation, to a time when such things were beside the point. It’s only when the lights come on that we take stock of what Japan has lost in the wake of modernization and wonder briefly whether the trade-off was completely worth it.

Now playing in Japan. Click here for showtimes and venues are here

Editor’s Opinion: Yet, are the samurai really missed? ” For the peasants and underclass who were often brutalized by the samurai, probably not. Samurai could legally murder the lower class of merchants, farmers, prostitutes, etc–kirisutegomen–for being impolite or simply being annoying. The movie reminds us that maybe for the rest of us, the cutting down of the Samurai was a boon to Japan, not a curse. What do you think?

タイトル:『斬、』

読み方:ざん

公開表記: 11月24日(土)よりユーロスペースほか全国公開!

クレジット:

監督、脚本、撮影、編集、製作:塚本晋也 

出演:池松壮亮、蒼井優、中村達也、前田隆成、塚本晋也

2018年/日本/80分/アメリカンビスタ/5.1ch/カラー 

製作:海獣シアター/配給:新日本映画社 

“Hey you grubby kids, get off my fashion runway!” Minami Aoyama Vs The Ruffians

by Kaori Shoji 

Who would have thought a plot of land in a Tokyo neighborhood could cause such a ruckus? The construction of a Child Consultation Center (Jidousoudansho  児童相談所) in prestigious Minami Aoyama has its residents up in arms and the Japanese media is depicting their anger as petty and narrow-minded. There’s an old adage: “Rich folks never argue” but in this case, it looks like those folks are ready for more than a little arguing over what they see as their own, precious turf.

Minami Aoyama is the creme de la creme of posh Tokyo neighborhoods, famed for its sky-high COL as it is for the number of brand boutiques and high-end restaurants. Among the noted institutions in the area are the high fallutin’ Nezu Art Museum, the snarky Prada building, the Comme des Garcons flagship store and Tessenkai Noh Theater. Even the tourists strolling the streets here seem to have a loftier agenda.

Minami Aoyama is located in Minato-ku, Tokyo’s most expensive ward and home to many foreign embassies including the United States. Last month they announced plans to build a Child Consultation Center on a plot of land just minutes away from Omotesando metro station. Slated for completion in April, 2021, the Center will be a much-needed facility in Tokyo’s 23 Ward Area, functioning as a safe house for abused children, single mothers and victims of domestic abuse. Minato-ku bought the 3211 square meter plot from Tokyo for 7.24 billion yen and will proceed with construction in August, 2019.

Under other circumstances, this is a laudable move. There were over 130,000 cases of child abuse reported last year in Japan – the highest ever recorded, and the tragic death of a 5-year old girl in February heightened public awareness of a real and urgent problem. It also shed light on an inconvenient truth: Japan’s social system sucks when it comes to dealing with dysfunctional families and general child support. As it stands, there are only 7 such facilities in Tokyo’s 23 ward area, a number that’s dismally low compared to cities like London and Paris. You could say Minato-ku was making an effort to catch up to global standards.

But Minami-Aoyama residents opened fire during the 2-day meeting with the Ward office, saying that such a building is “unsuitable to the cityscape of Aoyama,” and will “disappoint in-bound travelers hoping to experience the exclusive atmosphere of Aoyama,” “lower the value of local real estate and give the entire area a bad name.” The media immediately honed in on their chorus and news reports televised an anonymous resident (a disembodied voice directed at an official in a conference room) expressing her distaste at seeing “children who can’t even attend the local elementary school,” daring to show up on pristine Aoyama streets. She was gently reprimanded by an official who explained that the objective was to help children in need. “They have done nothing wrong,” said the official. “The fact that they can’t go to school is the reason why these facilities are necessary in the first place.”

Cute dogs, okay, but poor kids, no way.

Social commentators, academics and even comedian Hitoshi Matsumoto went on the air to say that the real disappointment here was the “snooty narrow-mindedness of Minami Aoyama residents.” Indeed, the whole fiasco revealed an unpleasant side to Aoyama locals, long thought of as liberal fashionistas with cash to burn. “Actually, they’re demeaning their own town and themselves,” said a newscaster.

Though the controversy has calmed down, it has definitely left claw marks on Aoyama’s glossy image. The term NIMBY (Not In My Back Yard) was batted around by both the media (as something negative and petty) and the locals (as a way to defend themselves). Tweets to the tune of, “only happy, well-off people should live in Minami Aoyama. The residents here pay high taxes so they have a right to protect their streets from unhappiness,” are still floating around.

Ah, the right not to feel unhappy. Along with NIMBY, the debate over this right has gone viral, not least because it figures into real cash flow in the Tokyo real estate market. Housing journalist Atsushi Sakaki pointed out online that while “everyone understands the need for social welfare facilities, there is a strong local undercurrent of resistance to those facilities. For the privileged residents in Minami Aoyama, it’s hard to admit that unhappiness and tragedy exists, and harder still to have to live with a problematic institution in their own neighborhood.”

On a real estate market level, those emotions immediately translate into hard cash. “In the real estate world, there’s what’s called an antagonizer,” said Sakaki. “The antagonizer could be a prison, a juvenile correctional institution, or an industrial waste plant. In any case, the presence of an antagonizer lowers the image of the locale, which in turn has a negative effect on real estate prices. Given the current state of the Tokyo real estate market, that plot of land in Minami Aoyama should have been slated for a tower mansion.” Certainly Minami Aoyama’s top realtor Green Seed, would agree. It’s rumored that Green Seed is the secret instigator behind Minami Aoyama’s NIMBY anger-mongering, and that they’re planting fake tweets to discourage Minato-ku from going ahead with the project. Sakaki commented that for a local realtor, letting a choice plot of land go to a public works project implies hundreds of millions of yen in potential losses.

Both Tokyo and Minato-ku seems saturated by tower mansions but developers say they want to build more. Real estate prices are soaring, side by side with newly constructed condominiums of steel and glass that tower ever higher into the sky. In Minato-ku neighborhoods like Aoyama and Roppongi, newly erected high-rise condominium units start at an average 100 million yen for a modest 45 square meters and are snapped up immediately by IT moguls and Chinese developers.

Market pundits warn that the real estate bubble will burst once the Tokyo Olympics – now a little over 18 months away – packs up and skips town. But right now that’s as hard to imagine as the next Big Earthquake that could turn the capital into mountainous piles of rubble or hurl the city into a blackout nightmare, leaving many tower mansion residents helpless inside their high-in-the-sky chambers. Whether that would count as distasteful unhappiness remains for now, a mystery.

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. 

Arjen Kamphuis, a Dutchman, went missing in Norway on August 20. Help find him.

Arjen Kamphuis, “free software advocate, sailor, carpenter, geek and damn proud of it” was last seen in Bodø, Norway on August 20th. He has long blonde hair and glasses. He is 47-years old, 1.78m tall and has a normal posture. He was usually dressed in black and carrying his black backpack. He is an avid hiker. Arjen is a Dutch citizen and did not arrive back home in The Netherlands. If you have any information, please write:

FindArjen@gmail.com

Arjen Kamphuis ble sist sett i Bodø, Norge den 20. August. Han har langt blondt hår og briller. Han er 47 år gammel og er 1,78m lang. Han er vanligvis kledd i svart og har store med seg sin svarte ryggsekk. Arjen er nederlandske turgåere på ferie i Norge.

FindArjen@gmail.com

Arjen Kamphuis was last seen in Bodø, Norway on August 20th

ナチス時代へ逆戻りする日本。共謀罪法案は安倍政権のタイムマシーン?

(帰って来たヒトラーの日本版が実録映画かもしれない)

もしナチスと日本帝国が第二次世界大戦を制していたら。想像しただけで恐ろしい話だが、21世紀の日本において、それを実現しようとする動きがある。舵を取るのはもちろん、釈放されたA級戦犯岸信介の孫である安倍首相だ。いよいよ憲法改正の時期を2020年と明言した首相だが、『我が闘争』を教材認定してみたり『ヒトラー選挙戦略』に推薦文書を寄せる大臣らを内閣に置くなど、ナチスへの肯定的な姿勢を無視することは難しくなってきた。

5月3日首相自らが明らかにした2020年の憲法改正だが、ナチスがワイマール憲法を都合よく改正していったように日本が誇る戦後の平和憲法を一新するつもりのようだ。それに向けての一歩として共謀罪法案が衆議院にて可決され、現在参議院審議中である。この法案は日本帝国の暗黒時代ともいえる1925年から1945年の間、日本を恐怖に陥れた治安維持法の再来と言われ、国会前デモや専門家を含め反対する声は数多く上がっている。治安維持法は、制定された当初は共産主義や反政権派を取り締まるためのもので一般市民は対象とならないとされていたが、いつの間にやら政府批判を口にする者は夜の内に消え、二度と姿を見ることはなくなったという。今回の共謀罪は「テロ等準備罪」とされ、あくまでもテロに及ぶ犯罪組織を取り締まるためのもので一般人は対象とならないとされているが、法案内に記載されている277の違法行為は解釈によっては容易に範囲を一般人に広げることが可能といえる。この危険性を察知した国連人権理事会のケナタッチ特別報告者からも法案の人権侵害の可能性を懸念した書簡が首相宛に届いている。

しかしこの警告に対して安倍首相は外務省を通じて「強く抗議した」との報道。批判には国内はもちろん、国外からであっても耳を傾けない強硬姿勢を見せている。

政党をナチスになぞらえるのは最も安易な政治批判とされているが、 安倍政権とナチスの共通点を見て見ぬふりすることは日に日に難しくなってきている。安倍政権がナチスへの敬意を公言しているからなおさらだ。 ナチスと戦前軍国独裁主義への異様な憧憬は政権発足当初から確かにそこにあった。

2013年夏、かねてから失言でメディアを賑わしてきた副総理そして財務大臣である麻生太郎が支援者へのスピーチ内で「ある日気づいたら、ワイマール憲法が変わって、ナチス憲法に変わっていた。誰も気づかないで変わった。あの手口に学んだらどうか」発言している。

また、安倍内閣の高市早苗総務大臣と稲田朋美政調会長に関しては日本のネオナチと呼ばれる山田一成とのツーショット写真が露呈した。そして高市総務大臣はさらに『ヒトラーの選挙戦略』に推薦文を寄せていた事が発覚し、海外メディアを賑わせたが国内メディアは目を瞑った対応となった。

公にナチスをお手本にしているようでは、類似点を指摘されるのも仕方のないことだ。

追い打ちをかけるように、安倍首相は国際的にも非難される在特会との関係が知られる山谷えり子氏を国家公安委員会委員長に任命。首相自身、そしてその他の閣僚たちからも在日韓国人への差別に異論を唱える声は聞こえてこない。そして政府は4 月にはヒトラーの『我が闘争』は教材使用に適切と認定した。野党の質問に対し、「仮に人種に基づく差別を助長させる形で使用するならば、同法等の趣旨に合致せず、不適切であることは明らかだ」と述べるにとどまった。

この件に関して当初主要メディアは報道を自粛したようで取り上げられることは少なかったが、世論の猛反対によってやっと取り上げられた模様だ。そして松野博一文部科学相は4月25日の閣議後記者会見に「人種に基づく差別やジェノサイド(大虐殺)は絶対に許さないという意識を定着させるため、教育の充実を図っていく」と強調したが、これまでの安倍政権の姿勢を見ると今ひとつ説得力に欠けて見えることは否めない。

また今年に入って政権は、特攻隊の思想の源となった教育勅語も再導入を検討していることを発表。明治天皇に1890年に制定された教育勅語は、最大の善行は天皇のために命を捧げることと国民を諭すものだった。そしてそのイデオロギーが原動力となり後の神風特攻隊、人間魚雷、沖縄の集団自決などの悲劇が起きたといえるだろう。戦後、1948年に衆議院決議にて「これらの詔勅の根本的理念が主権在君並びに神話的国体観に基いている事実は、明かに基本的人権を損い、且つ国際信義に対して疑点を残すものとなる」という言葉と共に失効が認定されたのだ。それにも関わらず再来の危機が目前まで迫ってきている。戦前回帰を求める軍国主義者にとっては「進歩」の一年といえる。銃剣も体育の種目として再び導入されることとなっており、戦前教育復活に予断がない。

また、安倍政権はこれまでに繰り返し、ナチスを見習うような節を見せている。自民党のマニフェスト自体が、戦前の帝国主義の復活を謳うものといっても過言ではない。神の子孫である優れた大和民族がアジアを制し、下位に当たる他のアジア民族を労働や性の奴隷として使う、といったところか。

直近で日本が直面している危機といえば先述の共謀罪強行採決だろう。現在参議院審議のこの法案だが、正式には「テロ等準備罪」。曖昧な名称だが、その内容も不透明な部分が多々あり、二人以上の人間が犯罪を犯す準備行為に及んだ場合、実際に罪を犯していなくても罰せられるというものである。しかしこの「等」そして「準備」という文字は何を指しているのだろうか。その定義の決定権は政府にあるというのである。つまり、一般市民のいかなる日常行為も犯罪行為になり得る危険性を孕んでいるのだ。

現段階で277の犯罪が対象とされており、切手の偽造、無免許で競艇レースに出ることなどが含まれている。しかし改正によっていくらでも項目は後から追加できる。

政府は採決を進める理由として2003年に国会承認した国際連合条約(TOC条約)に批准するために共謀罪が不可欠であると主張。しかしこれは国民を煙に巻く口実でしかない。

ジャパンタイムズによれば(http://www.japantimes.co.jp/news/2017/03/25/national/media-national/how-the-word-terrorism-can-help-pass-a-bill/#.WRqYg1N96SM) 既に日本弁護士連合会からこれを論破する声が上がっている上に、国連関係者からも「この条約はテロに特化したものではない。主要な目的は人身売買、麻薬取引や資金洗浄など国家間の犯罪の防止を強化することだ。」との指摘もある。

政府は「テロ」と「2020オリンピック」という二つのキーワードを駆使して、「世界一安全な国造り」を推し進めようとしているのだ。そして首相らが描く安全国家の完成形は、国民を常に監視下に置き、政府の管理のもと反対意見を徹底的に排除する社会だろう。

これでは治安維持法の再来と言われても無理はない。1925年に制定されたこの法律は戦前の日本において、政治的弾圧の最も効果的な手段だったと言われている。制定当時は共産主義を取り締まるための法律であり、一般市民は対象とならないとされていたものの、気づけば一般市民の監視、逮捕が日常茶飯事になっていたという。

憲法学者の飯島滋明教授は何ヶ月も前に共謀罪への警笛を鳴らしていた。「この法案は我々の憲法の最も重要な三つの原理に背く可能性がある。基本的人権の尊重、平和主義、国民主権の三原理を疎かにすればまた暗黒時代に逆戻りしてしまう。これは治安維持法の現代版である。」

このように、なんとも恐ろしい共謀罪法案の強行採決だが、これは戦後の平和憲法を取り壊し、戦前の日本を取り戻すという政府の最終目標に向けての序章でしかない。

一つ確かなことは、安倍政権は有言実行であるということだ。

少し遡ってみよう。

2013年の麻生大臣のナチス失言のあと、安倍政権は世論の大反対を押し切り特定秘密保護法を押し通した。これは文官、公務員が特定秘密を漏洩した場合10年間、また記者や一般市民が特定秘密を露呈、もしくは特定秘密について質問した場合5年間の服役が課せられるといった内容の法律である。ここで注目すべきは、どの情報が特定秘密に分類されるのか政府が公開しなくても良いという点だ。(http://www.japantimes.co.jp/opinion/2014/12/13/commentary/japan-commentary/abes-secrets-law-undermines-japans-democracy/#.WRLR1lN96SM)

これでは、無実な一般市民が特定秘密について質問しているとは知らずに、自身が犯した罪さえ分からないまま罰せられるというケースも起こりかねない。カフカ小説のようなシュールな話だがこれが現実になりうる未来が日本を待ち受けている。

さらにこの特定秘密保護法の採決は日本が海外にて戦争に参加することを可能にしてしまった。昨年の明仁天皇の生前退位表明を、平和主義を守り抜こうとする天皇の政府への抗議として捉える世論は少なくない。天皇が現状の憲法の絶対的支持者であり、戦時中の日本軍の数々の悪行を悔いているということは確固たる事実なのだから。

戦後70回目の憲法記念日でもあり、共謀罪採決に国が揺れる5月3日、 安倍首相は極右翼神道カルトである日本会議が主催した会見にて2020年1月までに憲法改正を目指すと発表した。国民の反発はすぐに聞こえてきたがもちろんおかまいなしだ。

ここまで来れば自民党の憲法改正案は日本が戦争国家になる以上の危険を孕んでいることが明快である。安倍首相は2012年の自民党改正案発表時に改正案に「緊急事態要項」 が含まれることを明らかにした。これは国家への外部攻撃、内乱や自然災害が起きた場合、内閣の承認を得て緊急事態を宣言できる権限を首相に付与するというものである。さらに、内閣が通常の法案採決の過程を経ずに、法律と同じ効力を持つ法令を発令することも可能となる。首相は国会を通さずに予算を採択することもできる。

日本の法律学者ローレンス・レペタ教授は、これはナチスの戦略から直接引っ張ってきた手段だと言う。具体的には、ワイマール憲法にあった緊急事態要項を巧みに使いドイツ国会議事堂の放火を受けて「首相や官僚の暗殺を企てたり協力した者は処刑、もしくは終身刑または15年以上の服役に処すと宣言した。さらには国会議事堂の放火魔が共産主義であったという事実を捏造し、共産党を禁止し全国選挙の出馬候補者全員に逮捕令状を出した。企てる、協力するという行為は警察や検察によっていとも簡単に捏造された」。

調査報道に定評のある『報道ステーション』でも、政府批判を理由に古舘伊知郎氏が降板になる前にこんな特集を組んでいた。2016年3月16日に放映されワイマール憲法から学ぶ、自民党憲法草案緊急事態条項の危うさ』と題された特集は自民党提案の「緊急事態要項」とワイマール憲法第48条内の緊急事態事項の類似点を検証したもので、2016年ギャラクシー賞を受賞している。特集内ではドイツの憲法学者がこれら二つの要項は本質的に同じであると明言し、ナチスがこの憲法の欠陥を乱用して権力を拡大していったことを見れば、日本も改正案を持って進めばこの先同様の危険が待ち受けていると警告している。

森友学園問題から国民の気をそらすために安倍首相が憲法改正時期を発表したのではないかとする声もある。

しかし、そうであれば、安倍首相率いる自民党がまさにナチスのように巧みにメディア操りプロパガンダを刷り込んでいるといえるのではないか。まずは報道の自由を制限し、政府の動きを国民が把握できないようにする。そしてあとはやりたい放題。2011年には報道の自由ランキングで世界11位だった日本だが、たった6年で72位にまで急落している。

ヒトラーにゲッペルスがいた。トランプにはバノン、ルパート・マードックが付いている。そして安倍首相には世界最大購読数を誇る読売新聞、そして読売王国の帝王渡辺恒雄が付いているのだ。

その癒着ぶりは、国会答弁で憲法改正について問われた安倍首相が「自民党総裁としての考え方は相当詳しく(インタビューに応じた)読売新聞に書いてある。ぜひそれを熟読して頂いてもいい」と発言したことからもありありと伺える。

安倍首相と仲間たちが作り上げたプロパガンダマシーンは準備万端だ。自民党はネット上での反対意見を糾弾するサイバーパトロール隊に報酬を与えて、ソーシャルメディアにもプロパガンダ拡散を推し進めている。そして首相の旧友である籾井氏を会長に任命した国家放送NHKは、今ではすっかり安倍テレビと化している。朝日新聞によれば、党内での異論もすべて弾圧に成功してきたため、党員もみな「ビッグ・ブラザー」に怯える日々だという。

これで日本会議の望む憲法を実現する要素はすべて揃った。

日本は来た道を着々と遡って、過去へと突き進んでいる。そして安倍首相は祖父、岸信介の叶わぬ夢を掴み取る寸前まで来ている。戦犯として逮捕されながらも裁判にかけられなかった岸は後に首相となり、帝国主義の復活を謳った。そしてそれは その夢は安倍晋三の原動力となっている。共謀罪法案の採決は自民党が2012年から静かに構築してきた軍国主義タイムマシーンのソフトウェアだったのだ。

歴史は繰り返すというが、日本では歴史改ざんを繰り返した挙句、過去から学ぶことができず今に至ってしまったようだ。それがこの世界の宿命なのか。民主主義を犠牲にしてまでも自身の意思を突き通した者が君臨する新たな時代。トランプ、プーチンそして安倍。「悪の枢軸」ならぬ「エリートの枢軸」誕生なるか。

しかし、安倍総理や自民党の老害幹部は歴史から学ぶことができなくても、歴史の大切さが分かる偉い人はまだ存在する。国家神道の復活を夢見る日本会議が、尊敬しているであろう偉人だ。

それは天皇陛下。

2015年の新年挨拶を改めて取り上げましょう。

「本年は終戦から70年という節目の年に当たります。多くの人々が亡くなった戦争でした。各戦場で亡くなった人々,広島,長崎の原爆,東京を始めとする各都市の爆撃などにより亡くなった人々の数は誠に多いものでした。この機会に,満州事変に始まるこの戦争の歴史を十分に学び,今後の日本のあり方を考えていくことが,今,極めて大切なことだと思っています。

この1年が,我が国の人々,そして世界の人々にとり,幸せな年となることを心より祈ります

合掌

 

(この記事はThe Daily Beastの英文記事に基づいて書かれ、趣旨翻訳)。

A Short History Of Aum Shinrikyo, their murders, and the failure to stop them

1984 — Shoko Asahara, a visually impaired yogi, forms “AUM Shinsen no Kai,” later renames it AUM Shinrikyo. It mixes elements of yoga, Buddhism, and other religions and begins recruiting college students and intellectuals.

AUM even used manga (comic books) to recruit members.

1987- AUM incorporates in New York City under the name Aum USA Company, Ltd. In the US it attempts to purchase military weapons, develop chemical weapons.

February 1989–AUM members strangle to death, 21-year-old Shuji Taguchi who had wanted to escape the group at its complex in Shizuoka Prefecture.

Nov. 4, 1989 — AUM members acting on orders from Asahara, kill the lawyer Tsutsumi Sakamoto, his wife and their 1-year-old son at their home in Yokohama. The lawyer had been part of growing vocal opposition to the group.

1990 — Asahara and 24 other disciples run unsuccessfully in a parliamentary election. The defeat spurs Asahara to begin plans to take over the country and began developing chemical weapons. The group also began manufacturing methamphetamines and small-scale incinerators  which they sell to the Yamaguchi-gumi and other yakuza groups to raise funds.

1993-AUM purchases a 500,000 acre sheep farm in Australia where they test out sarin gas, leaving behind 29 dead sheep.

AUM begins training helicopter pilots in the United States in hopes of eventually dispersing sarin gas over the Tokyo via helicopter.  Plans for launching an attack within the US are also considered.

June 1994-AUM purchases a helicopter from Russia

June 27 — AUM members test sarin nerve gas in a residential area of city of Matsumoto, Nagano Prefecture. Eight people are killed, 100 injured.

December 12–AUM members kill a member, Tadahito Hamaguchi, with highly toxic VX gas on an Osaka street. He was suspected of being an informant.

January 1,1995–Yomiuri Newspaper publishes on their front page a special report that the police had found elements of Sarin gas in the ground near AUM facilities in Yamanashi Prefecture, linking the cult to the 1994 attack.

February 28,1995-AUM members abduct Kiyoshi Kariya, 68, to find his sister who wanted to leave the group. He dies under interrogation and his body is incinerated in a cult-built microwave heating device. (This and the other murders were later referenced in the series Millennium episode 2, Gehena).

March 20,– AUM members release sarin gas on Tokyo subway system. Thirteen people are killed and over 6000 injured.  Police immediately suspect AUM.

April 23, AUM leader in charge of “Science Technology” and conduit to organized crime, Hideo Murai, is stabbed to death by a Yamaguchi-gumi members in front of the group’s headquarters, while reporters watch.  The spokesman for the group says, “I heard that Murai was killed by the Jews.”

May 5–AUM members plant a cyanide bomb in the bathroom of an underground passage connected to Shinjuku stations, near the ventilation system. The poisonous fumes would have killed thousands if the bomb hadn’t been found.

May 16 — Asahara is arrested.

2000-AUM officially disbands and reforms under the name Aleph.

Feb. 27, 2004 — The Tokyo District Court sentences Asahara to death.

Sep. 15, 2006 — Asahara’s death sentence is finalized.

2007–

Aleph splits into another faction, Hikari no Wa. Later, a third faction of the group emerges.

June 15, 2012 — The last fugitive former AUM member, Katsuya Takahashi, is arrested for his part in the subway attacks.

Jan. 18, 2018 — The Supreme Court rejects Takahashi’s appeal, ending all trials linked to AUM Shinrikyo cult.

July 6, 2018 — Asahara and six others are executed by hanging. Seven members remain on death rows while their cases are being appealed.

 

Japan’s Secret Shame (The Story Behind The Story)

Shiori Ito is a brave journalist who has taken on Japan’s rape culture and has pursued justice in her own case. The BBC released a documentary “Japan’s Secret Shame” about Japan’s lack of ability to deal with sexual assault in the country and why her accused assailant was allowed to walk away, even after an arrest warrant on charges of rape were issued by the police. The documentary is hard to view outside of the UK, so if you’d like to know mere, here’s everything you should know until it’s released here. Many of these articles were written for The Daily Beast, which has been supportive of the investigative journalism behind these stories.
Also, it should be noted that weekly magazine, Shukan Shincho (週刊新潮), was the first periodical to write about this story and pulled no punches in accused the administration of Prime Minister Shinzo Abe of blocking a rape investigation.
Below is a list of articles that we’ve written on the case, some at a time, when no other major news media outlet would touch the story.
The stories are in chronological order here and the final entry is being updated when possible.
The cover-up (June 2017)
Shiori Ito came forward to talk about her rape and the lack of investigation of sexual assault in Japan.