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Ghosn's repeated arrests were 'extrajudicial abuse,' says U.N. panel

Nov 24, 2020 (Japan Times) - Carlos Ghosn's detention for almost 130 days in a Japanese jail was neither necessary nor reasonable and violated the former Nissan Motor Co. chairman's human rights, a U.N. panel concluded in a harsh critique of Tokyo prosecutors who led the case against him.

The decision to arrest Ghosn four times in a row so as to extend his detention was “fundamentally unfair,” the U.N. Human Rights Council’s Working Group on Arbitrary Detention said in a report Monday posted on its website. The panel said that it would refer the case to the U.N.’s rapporteur on torture, cruel and other inhuman or degrading treatment.

“The repeated arrest of Mr. Ghosn appears to be an abuse of process intended to ensure that he remained in custody,” the panel said, pointing out that on at least two occasions he was arrested for the same alleged crime, only for a different time period. “This revolving pattern of detention was an extrajudicial abuse of process that can have no legal basis under international law.”

Ghosn and former Nissan director Greg Kelly were arrested in Tokyo on Nov. 19, 2018, and accused of underreporting the former chairman’s compensation. Both have denied wrongdoing. Additional charges were filed later accusing Ghosn of using company assets improperly, which he has denied.

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