A situation "inhuman and scandalous, even under the Japanese criteria": one of the lawyers of Carlos Ghosn does not mince his words after the rejection by the Supreme Court of the appeal filed against the restrictions imposed on the tycoon of the fallen automobile. "It confirms the decision of the Tokyo court to prohibit any communication between Carlos Ghosn and his wife Carole without specific permission," said Takano Takano revealing the judgment of the highest court.
The former CEO of Renault-Nissan, suspected of financial malpractice, was released on bail on April 25 after three weeks of detention, but in exchange for more stringent conditions than when he first released from prison in early March, after 108 days behind bars. "This is the first time in my experience that one of my clients is released under such conditions, it is very rare," says the lawyer.
"The instance of last resort ignored our arguments"
"We have argued that this is a clear violation of our own constitution and the UN treaty that our government has ratified for a long time," said Takano, referring to the UN's UN Covenant on Human Rights. civil and political rights. "Unfortunately, to my disappointment, even the instance of last resort ignored our arguments," he sighs, waving a piece of paper, the one-page document received.
The Supreme Court does not usually motivate its decisions, "but this case being highly publicized and followed by the whole world, I was hoping for an answer showing its concern," said the defender with dark glasses and white beard, interviewed Tuesday night in his Tokyo office.
Prohibition to leave the territory, his residence under the surveillance of cameras
Now that the ban has been validated at the highest level, the defense team of Carlos Ghosn has only one possibility: to try to get him an interview with his wife in this very strict framework. "Our request must be based on specific, urgent reasons" that would justify a meeting, says Takano.
Upon the release of his illustrious client, a request was filed, "for an hour a day in the presence of a lawyer", but despite these guarantees it had been refused. Carlos Ghosn is also forbidden to leave the territory, his internet access is severely restricted and his residence is under the surveillance of cameras.
These conditions, however, can be adjusted as the preparations for the trial progress, Takano hopes. A first formal meeting is scheduled for Thursday at the Tokyo court, in the presence of Mr Ghosn, judges and prosecutors.
"He looks depressed"
A month after his release from jail, the Franco-Lebanese-Brazilian 65 years is not in great shape, says his defender. The fact of being deprived of his wife "touches him mentally, he looks depressed", he says, his collaborator adding that he was "really shocked" when he became aware of this measure to avoid the destruction of evidence. Carole Ghosn is suspected by the prosecutor to have contacted protagonists of the case.
But the former captain of industry, who claims his innocence and denounces a "plot" hatched by Nissan, "keeps a fighting spirit" and fires his weapons for the debates, says the lawyer, convinced that it will be cleared. "The process of preparation will take at least another year," said Takano. Arrested on November 19 in Tokyo, Carlos Ghosn is facing four charges by the Japanese courts: two for concealment of income in stock market documents and two for different cases of aggravated breach of trust, including alleged misappropriation of funds. Nissan.
Formerly almighty, he lost all his titles in the three manufacturers he had brought together to build the first global automobile alliance: Renault, Nissan - charged in one part of the case and the origin of the internal investigation that brought down his former savior -, and Mitsubishi Motors.