Photo/Illutration Prosecutor General Naomi Unemoto speaks at a meeting in Tokyo’s Kasumigaseki district on Feb. 19. (Hikaru Yokoyama)

Prosecutor General Naomi Unemoto said on Feb. 19 that investigations where suspects are not in custody may also be subject to audio and video recording, something currently not required by law, in a mandated test run.

This comes in response to concerns over improper interrogation practices by prosecutors. 

The Supreme Public Prosecutors Office is expected to set guidelines on which cases will be included. 

Unemoto made the announcement at a meeting attended by senior prosecutors from district and high public prosecutors offices across Japan.

“The growing criticism of interrogation practices in recent times is a matter of deep concern,” she said. “We must constantly reflect on whether our conduct is beyond reproach and discipline ourselves accordingly.” 

She then expressed her intent to introduce audio and video recording on a trial basis in certain cases involving suspects who are not in custody. 

Unemoto also said that efforts will be made to strengthen the Supreme Public Prosecutors Office’s system to support appropriate interrogation practices by prosecutors. 

The issue of interrogation methods has drawn renewed public attention.

Recently, a prosecutor who was previously with the Osaka District Public Prosecutors Office’s special investigation unit was put on trial for “assault and cruelty by specialized public employees” after allegedly shouting at a suspect during an interrogation, saying, “Don’t mess with the prosecution.”

According to the Supreme Public Prosecutors Office, around 4,000 to 5,000 interrogations are recorded annually in cases where recording is required by law or internal regulations.

In cases not subject to these requirements, prosecutors choose to record around 80,000 to 90,000 interrogations per year at their discretion. 

Discussions on recording interrogations gained momentum after a 2010 case in which the Osaka District Public Prosecutors Office’s special investigation unit was found to have tampered with evidence.

A revision to the Code of Criminal Procedure, enacted in June 2019, made it mandatory to record interrogations, but only for cases subject to the lay judge system or those under prosecutors’ exclusive investigative authority. Obligatory recordings were also only possible after a suspect's arrest.

According to prosecution sources, some interrogations during voluntary questioning prior to arrest or investigations into suspects who are not in custody are already being recorded at the discretion of prosecutors.

However, the number of such cases has not been disclosed.

Unemoto’s statement at the meeting is seen as an effort to emphasize the prosecution’s commitment to fair interrogation practices by actively expanding the use of recorded interrogations regardless of whether a suspect is in custody or not.

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