Man awarded damages after being forced by police to trample on family's names

Mainichi Daily News
Jan. 21, 2007

KAGOSHIMA -- A man who was forced by Kagoshima Prefectural Police investigators to trample on pieces of paper bearing his family members' names was awarded 600,000 yen in damages in a ruling at the Kagoshima District Court on Thursday.

The 61-year-old man, Sachio Kawabata, had filed a lawsuit demanding 2 million yen in compensation for mental anguish suffered while being questioned over an alleged election law violation.

"The investigation method was out of line, and (the officers) abused their public power, insulting the plaintiff and others, and the mental anguish suffered was great," judge Yutaka Takano said as the court handed down the ruling.

According to the ruling, Kawabata, a company executive from Shibushi, Kagoshima Prefecture, came under suspicion of violating the Public Offices Election Law in connection with the Kagoshima Prefectural Assembly election in April 2003 by handing out beer to secure votes.

Kawabata voluntarily subjected himself to police questioning. However, during an interrogation session at Shibushi Police Station, an assistant police inspector grabbed his ankles and forced him to step on messages bearing his family members' names. Two of the messages, made out to be from his father and grandchild read, "I don't remember raising you to be this kind of person," and "Hurry up and become an honest granddad."

The 61-year-old was forced to step on three pieces of paper at least three times, according to the ruling. Police also kept watch over him while he went to the toilet, and refused his requests to go outside and to go home, causing him further mental suffering, the court heard.

During a questioning session the assistant inspector admitted making the man step on the pieces of paper, but said he did it only once. Prefectural officials also maintained that their investigation was legal, saying, "It was it to teach him that his silent attitude was the same as trampling on the feelings of his relatives."

No charges were brought against Kawabata over the case. He was arrested in July 2003 over a separate vote-buying incident, but police released him without taking action, and in December that year it was decided that he would not be charged.

"It's regrettable that our claims were not accepted," a prefectural police inspection division official said, commenting on the ruling. "We want to examine the ruling and then decide on a future response." (Mainichi)