OSAKA, Jul 13 (News On Japan) - A Chinese man detained at an Osaka police facility has filed a lawsuit against the Osaka Prefectural Government, claiming that he was forcibly taken to an interrogation room despite refusing to participate and had his right to remain silent violated.
According to footage filmed by police inside the detention facility, the man, who had been working in Japan under the technical intern program, refused to cooperate with interrogation even after being urged to do so through an automated translator. The video shows officers surrounding the man, placing him in handcuffs and waist restraints, and placing him in a wheelchair before escorting him to the interrogation room. In some cases, he was allegedly dragged down stairs by his shirt.
The incident stems from an arrest made in September last year, when the man stabbed a colleague who had assaulted him on the street in Osaka. He was arrested on suspicion of attempted murder. After consulting with his lawyer, he chose to remain silent about the case, and from the following day, refused to attend interrogations altogether.
Despite his refusal, officers continued attempts to question him, citing police procedure. The man claims that the use of restraints and force amounted to coercion and violated his constitutional rights. In a statement to Kansai TV, he described his experience: "My whole body was in pain. I was terrified. I felt like I wanted to die. I wasn’t being treated like a human being. This was clearly a human rights violation."
On July 12th, he filed a lawsuit seeking 1.1 million yen in damages from Osaka Prefecture, asserting that the police's actions constituted illegal coercion and violated his right to remain silent under Japan’s Constitution.
Under Japanese law, suspects have the right to refuse to answer questions at any time. However, there is ambiguity in how this right applies to detainees, with police arguing that suspects are still obligated to appear for questioning, even if they remain silent. In contrast, the defense maintains that the right to silence includes the right not to appear at all, particularly for those held in detention.
Kansai TV obtained internal police guidelines from the Osaka Prefectural Police, which state that "minimum necessary force" may be used to compel detainees to attend interrogations. However, the same document also warns that excessive use of force may cast doubt on the voluntary nature of any statements obtained.
Responding to the case, the Osaka Prefectural Police stated that escorting a detainee to an interrogation room does not in itself constitute a violation of the right to silence, framing their response as a general comment.
Legal experts say the case highlights a longstanding debate over the limits of police authority and the proper implementation of silence rights. One expert noted, "The right to remain silent is not just for the benefit of the accused — it protects society by preventing false confessions and wrongful convictions."
The court’s decision will be closely watched as it may set new standards for how the right to silence should be applied during custodial interrogations in Japan.
Source: KTV NEWS
