Photo/Illutration Hiromu Kurokawa, former chief of the Tokyo High Public Prosecutors Office, on Jan. 21, 2019 (Asahi Shimbun file photo)

The Shinzo Abe administration’s politically motivated attempt to intervene in personnel affairs involving the nation’s top prosecutors underscored the government’s serious lack of understanding of the rule of law and balance of power.

The government should accept the recent district court decision to allow the disclosure of discussion records pertaining to the unprecedented Cabinet move in 2020 to extend the retirement age of a high-ranking prosecutor known for his close ties to the Abe administration.

It should release the relevant documents and explain to the public what happened.

The controversy arose four years ago when the Abe Cabinet decided to postpone the retirement of Hiromu Kurokawa, then head of the Tokyo High Public Prosecutors Office, by six months beyond his 63rd birthday.

The action involved changing the government’s long-established interpretation of the rules concerning the retirement ages of public prosecutors.

The Osaka District Court overturned the government’s decision to withhold documents concerning the decision.

When we look back on the series of events leading to Kurokawa’s eventual resignation, we are struck by the weirdness of the Abe administration's actions.

An established legal interpretation had said the retirement ages of prosecutors could not be extended. However, the Abe Cabinet suddenly changed this interpretation and kept Kurokawa, who was about to retire, in his position.

The move was perceived as a ploy to promote Kurokawa to the top post of prosecutor general.

Furthermore, the government submitted a bill to amend the Public Prosecutors Office Law to the Diet.

The bill included a provision that would allow senior prosecutors who had reached the retirement age to remain in their posts if the government believed their departure would “significantly hinder the administration of public duties.”

Unsurprisingly, a wave of criticism arose over the administration’s attempt to control, through personnel management, the prosecution, which is mandated to check political power and requires independence and neutrality.

The bill was scrapped due to public backlash, and Kurokawa resigned after his involvement in mah-jongg gambling during the pandemic was disclosed.

But what happened left a deep scar on the relationship between politics and the prosecution.

The Osaka District Court’s annulment of the non-disclosure decision was limited to certain documents within the Justice Ministry. It remains unclear what kind of exchanges took place between the prime minister’s office and the ministry over the matter, or even if records of such exchanges exist.

Nevertheless, the ruling should be used as a first step in unraveling the truth and preventing a recurrence.

Although the moves occurred under Abe’s strong leadership based on his dominant political power, we must not forget the responsibility of the Justice Ministry and the prosecution, which complied with the administration’s unreasonable intentions, took retirement extension procedures and even formulated legislation that shook their very foundations.

Naomi Unemoto was recently appointed as the Japan’s first female prosecutor general.

The prosecution has been hit by a series of revelations and scandals that have raised serious questions about whether it is worthy of public trust.

Prosecutors have been criticized for aggressive interrogations to elicit confessions in line with their own scenarios and disregarding human rights in long-term detentions.

A former chief district public prosecutor has also been arrested.

Four years ago, public opinion stopped the administration’s outrageous action, and the independence of the prosecution was barely maintained. Think what would have happened if the public thought it was not worth protecting.

The new prosecutor general needs to carefully inspect the organization in crisis and strengthen its foundation. Without the public’s support, the prosecution cannot fulfill its duties.

--The Asahi Shimbun, June 30