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The multiple arrests and detentions of former Nissan boss Carlos Ghosn in Japan prior to his dramatic flight from the country last year were “arbitrary,” UN experts said, urging Tokyo to compensate him.
In an opinion dated late last week and harshly condemned by Japan, the UN Working Group on Arbitrary Detention concluded that “Ghosn’s arrest and detention process four times was fundamentally unfair.”
The working group, made up of five independent experts who do not speak on behalf of the United Nations and whose views are not binding, stressed that its findings do not concern the allegations against Ghosn, but only the conditions surrounding his detention.
It ruled that the now 66-year-old’s detention was “arbitrary”, and also expressed concern that his bail conditions had been “unusually severe”, especially during the second period when he was barred from any contact with her. wife, except through lawyers.
Experts called on Tokyo to “take the necessary measures to remedy Mr. Ghosn’s situation without delay”.
“The appropriate remedy would be to grant Mr. Ghosn an enforceable right to compensation and other remedies, in accordance with international law,” he said.
Lawyers for former Nissan boss Francois Zimeray and Jessica Finelle hailed the “bold decision”, saying it represented “a turning point”.
But the Japanese government rejected the findings, saying it “deeply regrets” that experts have “expressed views based on limited information and biased allegations”, not “an accurate understanding of the Japanese criminal justice system.”
“Opinion is totally unacceptable.”
Ghosn was arrested on charges of financial misconduct in November 2018 as he got off his private jet in Tokyo.
He was granted bail after a few months, but was arrested again three more times, spending a total of 130 days in detention, before sneaking out of Japan and fleeing to Lebanon, arriving in Beirut on 30 December.
Ghosn, born in Brazil, who also possesses French and Lebanese citizenship, has denied the charges against him.
The UN working group does not have the power to compel states to follow its decisions, but its decisions carry reputational weight.
In their view, the experts urged Japan “to ensure a full and independent investigation into the circumstances surrounding the arbitrary detention of Mr. Ghosn, and to take appropriate measures against those responsible for violating his rights.”
She requested that Tokyo, within six months, inform her if such an investigation had been undertaken and if Ghosn had received any compensation or repairs.
In its statement on Monday, the Japanese government said it would provide the working group with some details to help correct a number of “glaring factual errors”, including the time Ghosn had spent in detention without being brought before a judge. .
But he stressed that it was inappropriate for the working group to consider the case, insisting that it was common practice to withhold suspects who could destroy evidence or skip bail.
“Escape from a criminal trial, in violation of the conditions a defendant promised to respect when he was released on bail, is not condoned by any nation’s legal system.”
The working group’s findings, he warned, could “encourage those facing criminal prosecution to consider the notion that flight can be justified and prevent the establishment of justice and the proper functioning of the criminal justice system in every country”
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