The Kawashima Wrongful Arrest Incident
冤罪川嶋事件
Summary of the Case:
In the morning of November 26, 1981, a body of male gangster, who was
killed by shotgun, was found in a suburban farm of Ichihara, Chiba pref.
On May 24, 1982, Hideo Kawashima, who resided in Ohami Shirasato-cho
and ran a snack bar, was arrested for suspected robbery and murder. He
possessed a shotgun and was leasing the bar from the victim.
Mr. Kawashima initially denied the homicide. However, he was forced to
make a false confession by the inspector's violence, one week after the arrest and was prosecuted for robbery and murder on June 14.
Up to now, he has continually denied the confession.
January 18, 1988 Sentenced guilty with sixteen year's imprisonment by
Chiba District Court
June 19, 1989 Dismissal of appeal to Tokyo High Court
March 15, 1994 Dismissal of appeal decided to the Supreme Court
of Justice
March 22, 1996 Applying for retrial to Chiba Distirict Court
January 28, 2000 Dismissal of the application was decided
January 31, 2000 Immediate complaint was made
March 21, 2000 Mr. Kawashima was paroled
Judgement of the Established Sentence:
Mr. Kawashima had been leased a bar from the victim. While he was
thinking to give up running it due to business slump, he was said by the victim
to choose either to sell it off at about 8 million yen or to by it himself. Furher
more, he was distressed by the victim's demand to transfer his shotgun. On
November 25, 1981, they were to meet to discuss these issues at 8:00 p.m. and
Mr. Kawashima took his shotgun. When he reached Kongochi, Ichihara (The
site where the body was found), a murderous urge came up to his mind around
8:15 p.m. and he discharged three shots and killed him.
The Issues of the Case
(1) Identity of Weapon
One issue is whether the following two impressions are the same or not;
impressions made between three fired cartridges cases (Site cartridge case) left
behind the scene of crime and impressions of a fired cartridge casee
(Kawashima cartidge case) which was shot by the shotgun that Mr. Kawashima
voluntarily submitted.
(Supplement)
Among the impressions (①Firing pin impression ②Breech face
impression ③Ejector mark ④Cartridge stop impression) made when
shotgun was fired or inspected, the shape of ① is obviously different between
two even by the prosecutor's evidence. As for the impression from ② to ④,
they are regarded to be the same or similar according to the prosecutor's
evidence (Fukuda Report), whereas the defense lawyer's evidence (Nagasaki
Report) regards that they are all disagreed. The High Court sentence was made
by adopting Fukuda Report concerning ② to ④ and the reason why ① was
desagreed was explained in the judgement that Mr. Kawashima plotted to destroy
the evidence after the crime by altering the firing pin. However there is no
concrete recognition of whether it was paracticable in the decision. The
judgement regarded Fukuda Report to be definitive evidence of identity of
weapon.
(2)Probability of Crime by Mr. Kawashima and the Time of Homicide
Mr. Kawashima was working in his bar as usual in the night of November
25 and he was once out before 8:30 p.m. If he was a criminal, the crime should
have been taken place during this moment. However, Mr. Kawashima insisted
that it was only 15 to 20 minutes while he was away from the bar, meaning it
was impossible even to get the criminal site and back. On the other hand, the
prosecutor insisted that it was 35 to 40 minutes and barely possible for him to
do it. The issue was whether we could determine the exact time of homicide to
the minute in relation to the limited probability of his crime.
(3)Relaiability and Voluntariness of the Confession
Mr. Kawashima asserted that he was forced to make a false confession by
the inspector's voilence after the arrest. Accordingly, the issuse arisen as to
whether his confession was volitional and true.
Judgement of Ruling
(1)Disputed Point 1
Fukuda, the expert witness of the prosecutor side said merely, "it seems that
the impression made in the percussion cap was processed", as the reason of its
non-coincidence. He did not verify whether it was really possible to process it.
The ruling that the cartridge was fired from Kawashima's gun, however, was
made because the other impressions looked alike and the cartridge was left
behind at the site to be found dead.
(2)Disputed Point 2
All the people employed by Kawashima testfied that Kawashima was in his
snack bar until a little after ten past eight p.m. The ruling that he left there a
little after ten to eight p.m. (it is possible to go and return between the anack
bar and the murder site), was made, taking the lady's testimony that she did not
see Kawashima in his snack bar and heard only the car sound from the closed
inside of the her room. The reason why the testimony of all the employees of
Kawashima's snack bar was disregarded was not mentioned.
Characteristics of the Case
(1)It is almost impossible that Kawashima could have committed murder in the
circumstances of this case.
Only if Kawashima was a murderer, he would leave the snack bar named
"Karudan" a little after ten to 8:00 p.m. and return around half past 8:00 p.m.,
murdering and going back and forth within above forty minutes. It is possible
but requires all the actions to be just done. It is strange that suddenly two
people went to the field where there were no lights and people. Even in
Kawashima's false confession, they met in front of a school first and the victim
led to the field.
Considering its loss time, a crime is impossible even if his absence of its
snack bar was assumed in ruling. His finger print was not found in the
cartridge case left behind at the site to be found dead, which is presumed that
the incident may have been the plotted muder case.
(2)Insufficient Jugement
The expert opinion (evidence)of Fukuda in Science Investigation Research
Institute was saying the followings, regarding the impression comparison
between the cartridge case found at the scene and Kawashima's one; ① even if
the impression made in the percussion cap was not coincided, ② breech face
marks ③ ejector impression and ④ cartridge stop impression coincided;
therefore, two sorts of cartridges were judged to be fired from the same gun. ①
～③ are impressions made by the identical firing opportunity, and so①～③
must coincided supposing they were fired from the same gun. The reason why
a part does not coincide must be clear. In general, the impression made in
percussion cap is considerd to be the most important in the impression
comparison. Furthermore, the establishment of the judgement methode
that the identity is approved by the partial coincidence even if the other
impressions do not coincide is doubtful. Fukuda said merely, "there is a
possibility that it was processed", without adding any concrete reason about
non-coincidence of the impression made in percussion cap.
Issured Point for Retrial = Exclusion of Fukuda Opinion ～ Decisively
Important Issue
Though Fukuda's opinion is insufficient in view of his method, his opinion
was reinforced through the trial. Because the court appointed the other expert
for itself and he took the detailed micrographs and his opinion with them. And
Fukuda gave his evidence, using these micrographs. As a result, concerning the
other similarities of impressions except the impression made in percussion cap,
his expert opinion was reinforced. Thus, it is extremely difficult to turn over
the situation. But it is not too much to say that it is possible that all the
evidence will be reversed if its point is turned over.
The Attorneys for Kawashima submited, as decisive evidence for his
innocence, the expert opinion that it is impossible to process a firing pin under
the circumustance of dissolving the shotgun normally, and no trace was found
anywhere in Kawashima's gun to be generally added when processed the shotgun
under the circumstance of dissolving it. However, the Attorneys' allegation has
not been accepted in the retrial process. At present, Mr. Kawashima and his
Attorneys have appealed to the Supreme Coourt.
／／／／／／／／／／／／／／／／／／／／／／／／／／
Why did I made a false confession? –
Mr. Kawashima told you the reason
- Cited from his submission to the Supreme Court( Dec., 1989) -
I have never done anything wrong, and spent busy but peaceful days with
family, just as same as other local citizen, until that day. On that day,
still I remember the course at that time very well, that is, the local
police suddenly came to me at our home, showed me an arrest warrant, and
put handcuffs on me before family. They took me to the police station, and
detained me in a cell there immediately. I am sure that if such a process
should happen to any person of innocence, as everyman could easily
understand, the normal balance of mind of such a person must be lost. And
the same situation I had to be fallen into.
They took me to a narrow investigation room with no window, just with a
desk and a small lamp, and pressed me with questions, but the story was
forged among them in advance, and they had continued the interrogations
every days and nights since my detention, 12 hours one day on average,
6days in total, and forced me the false confession which was, of course,
along with their story.
The Kawashima Campaign ask; the innocent must be innocent
One Japanese gangster was killed by a shot-gun on 25th November in 1981 at
the Ichihara City in Chiba Prefecture near the Metropolitan Tokyo area. Mr.
Hideo Kawashima was arrested, and forced to make a false confession under
the inhuman conditions during the long detention and interrogation as
described above. But since the beginning stage of the court, he has
consistently insisted on his innocence.
The only one physical evidence in this case is the three bullets which
were, the police insisted, shot by Mr. Kawashima's gun. But the firing pin impression
of the bullets of the police evidence were absolutely different from his
gun's ones. In addition at the time of murder, he did not go to the spot,
but went to the noodle shop nearby to have a soba noodle, but he found it
was closed temporary only at that day. These are strong evidences for his
innocence. Nevertheless the Supreme Court decided his conviction. As a
result he had to be detained in prison for such a long valuable 18 years.
During those 18 years in prison, he had always been the best behaved
prisoner. But he had continued to insist on his innocence, and therefore he
could not be given a parole. He was released almost at the end of 18 years
at last.
Immediately after the release, he joined our Campaign and began it
faithfully, and has continued it with us until today. The local court
inexcusably dismissed his retrial application in January 2000, and we
immediately appealed the case to the Tokyo Appellate Court. The case still
belongs to it. We are expecting the Court's decision of reopening the trial.
Your help, even a very one word of encouragement to Mr. Kawashima, must
give the strongest power for our Campaign, and eventually give a big
impetus for the furtherance of the criminal justice in Japan. We are
looking forward to hearing you.
The Office of the Kawashima Campaign
Boso-Horitu Chiba Office
Jichitai-Fukushi Center,
Nagasu 1-10-8, Chiba 260-0854,
Japan
Tel: (international)+81-43-225-1461, (national) 043-225-1461
Fax:(international)+81-43-225-9488, (national)043-225-9488
Email: fwkp1872@mb.infoweb.ne.jp
Why did I make a false confession?
Why did I make a false confession?
by Hideo Kawashima
Submission to the Supreme Court Dec.,1989
I have never done anything wrong, and spent busy but peaceful days with
family, just as same as other local citizen, until that day. On that day,
still I remember the course at that time very well, that is, the local
police suddenly came to me at our home, showed me an arrest warrant, and
put handcuffs on me before family. They took me to the police station, and
detained me in a cell there immediately. I am sure that if such a process
should happen to any person of innocence, as everyman could easily
understand, the normal balance of mind of such a person must be lost. And
the same situation I had to be fallen into.
They took me to a narrow investigation room with no window, just with a
desk and a small lamp, and pressed me with questions, but the story was
forged among them in advance, and they had continued the interrogations
every days and nights since my detention, 12 hours one day on average,
6days in total, and forced me the false confession which was, of course,
along with their story.
The Kawashima Campaign ask; the innocent must be innocent
One Japanese gangster was killed by a shot-gun on 25th November in 1981 at the Ichihara City in Chiba Prefecture near the Metropolitan Tokyo area. Mr.
Hideo Kawashima was arrested, and forced to make a false confession under
the inhuman conditions during the long detention and interrogation as
described above. But since the beginning stage of the court, he has
consistently insisted on his innocence.
The only one physical evidence in this case is the three bullets which
were, the police insisted, shot by Mr. Kawashima's gun. But the firing pin impressionof the bullets of the police evidence were absolutely different from his gun's ones. In addition at the time of murder, he did not go to the spot, but went to the noodle shop nearby to have a soba noodle, but he found itwas closed temporary only at that day. These are strong evidences for his innocence. Nevertheless the Supreme Court decided his conviction. As a result he had to be detained in prison for such a long valuable 18 years.
During those 18 years in prison, he had always been the best behaved
prisoner. But he had continued to insist on his innocence, and therefore he
could not be given a parole. He was released almost at the end of 18 years
at last.
Immediately after the release, he joined our Campaign and began it
faithfully, and has continued it with us until today. The local court
inexcusably dismissed his retrial application in January 2000, and we
immediately appealed the case to the Tokyo Appellate Court. The case still
belongs to it. We are expecting the Court's decision of reopening the trial.
Your help, even a very one word of encouragement to Mr. Kawashima, must
give the strongest power for our Campaign, and eventually give a big
impetus for the furtherance of the criminal justice in Japan. We are
looking forward to hearing you.
The Office of the Kawashima Campaign
Boso-Horitu Chiba Office
Jichitai-Fukushi Center,
Nagasu 1-10-8, Chiba 260-0854,
Japan
Tel: (international)+81-43-225-1461, (national) 043-225-1461
Fax:(international)+81-43-225-9488, (national)043-225-9488
Email: fwkp1872@mb.infoweb.ne.jp