[NHK] Proposed revision of the Public Prosecutor's Office law, which was postponed in the current Diet session. Tokyo High School, which was thought to be "close to the official residence," was the origin of the series of events that led to a strong public reaction...

“Judiciary and administration” Between the two faces-verification, Kurokawa former prosecutor's question-June 15, 20:43

Prosecution Office law amendment that was postponed in the current Diet. The beginning of the series of events that led to strong public opinion was the unprecedented extension of the retirement age of former Attorney General Kurokawa of the Tokyo High Public Prosecutor's Office, which was considered "close to the official residence." We thoroughly interviewed behind the scenes of personnel affairs concerning the prosecution's top position. What I could see was the judiciary and the administration, and the two prominent legal prosecution authorities.
(Social Justice Club Ryutaro Mori, Kanami Hashimoto, Hiroki Moriya, Ryota Miyazaki, Yui Takahashi)

Wasn't Kurokawa a candidate for Attorney General?

Former Attorney General Hiromu Kurokawa of the Tokyo High Public Prosecutor's Office, which extended the mandatory retirement age after the government changed its interpretation of the law as "indispensable." However, one month ago, a former prosecutor's executive spoke about Mr. Kurokawa after resigning last month on the issue of betting Mahjong.

"He was a very talented and unprecedented person. He has made a tremendous contribution to the organization, but the leaders have not made him a candidate for Attorney General."

In addition, one incumbent executive said, "The organization should reflect on having relied too much on Mr. Kurokawa."

What do these words mean? We thoroughly interview the people who know Mr. Kurokawa. I searched for the truth of a series of situations.

About Hiroshi Kurokawa, former Attorney General

What was Mr. Kurokawa, who became the center of the series of turmoil?

After graduating from the Faculty of Law of the University of Tokyo, Mr. Kurokawa became a public prosecutor in 1983. There are many talented people such as Makoto Hayashi, who became the successor to the Tokyo Prosecutor General, and Mr. Kurokawa and Mr. Hayashi have been highly evaluated for their abilities early on, even during the appointment of the officers called "Hana no 35th."

The two were also active in the Tokyo District Public Prosecutor's Office, and after being assigned in 1997, Mr. Kurokawa was in charge of investigating cases such as profit provision by the four major securities.

Katsuhiko Kumasaki, who was Kurokawa's former boss of the special investigation department, submitted a written opinion requesting a reconsideration of the proposed revision of the Public Prosecutor's Law.
They recall that they were excellent at investigative ability.

Mr. Kumasaki:
"Kurokawa is very flexible and has a wide field of view. A type that anyone can easily associate with. Hayashi has a smart head and has a unique charm that does not bend the line."

After that, Mr. Kurokawa moved to the Ministry of Justice, where he held various important positions such as the Director of General Affairs Division and Secretary of the Criminal Affairs Bureau. Meanwhile, Mr. Hayashi also served as the general affairs manager and personnel manager of the Correction Bureau.

Many of the judicial correspondents in charge of the prosecution's interviews thought that "one of the two will be the prosecutor general in the future."

"Legal Prosecution" with two faces

The Ministry of Justice and the Public Prosecutor's Office, which are called "Legal Prosecution" and also treated as an integrated organization. Prosecutors who have passed the most difficult bar examinations mainly work in these two organizations, but their roles and the nature of their work differ greatly.

The Public Prosecutor's Office, which is positioned as a "quasi-judicial agency" belonging to the Ministry of Justice, has in principle a monopoly authority to direct police investigations and prosecute defendants as "public interest representatives". Since politicians may be arrested in their own investigations such as corruption cases, "independence" and "neutrality" from politics are required. Proper prosecutors are trained to stay away from politicians and reporters, as they are required to maintain confidentiality in order to handle investigation information.

Ministry of Justice on the one hand.
▽ "Criminal Affairs Bureau" which is in charge of the law related to criminal law and is in charge of office work related to the public prosecutor's office, ▽ "Correction Bureau" which is in charge of the operation of prisons, etc. ▽ "Ministerial Secretariat" which is responsible for communication and coordination with the Diet It is an administrative body.

The top is the Minister of Justice, a politician. General public servants also work, but the prosecutor occupies many of the major posts such as the Criminal Affairs Bureau and the Minister's Secretariat, with the secretary-general at the top. However, just like other central ministries, the Ministry of Justice is one of the tasks to lower the head of parliamentarians in order to pass the bill and budget. The quality of work, which requires many opportunities to give lectures to reporters to convey the significance of the policy, is completely different from that of the public prosecutor.

The personnel changes of the prosecutor are repeated across two organizations with different faces, "judiciary" and "administrative."

Among the people involved in the legal prosecution, the prosecutor who worked for a long time in the public prosecutor's office such as the special investigation department was “on-site”, and the prosecutor who worked for the Ministry of Justice was “red brick building” after the former main building of the Ministry of Justice, which was created in the Meiji era. It has been called a "brick school."

Legal prosecutors also have a unique hierarchy of leaders. In general government ministries, the post with the highest bureaucracy is the Under Secretary.

However, in the order of legal prosecution, ▽ the prosecutor general, followed by ▽ Tokyo high prosecutor general, ▽ Osaka high prosecutor general, etc., the secretary of the Ministry of Justice is the 5th or 6th overall. However, many of the experienced secretary-generals have been appointed as the Attorney General after having served as the Tokyo High Public Prosecutor General.

Standing out as a legal bureaucrat

Mr. Kurokawa was a representative of the "red brick school" who spent most of his career at the Ministry of Justice after 1998 after working in the Tokyo Public Prosecutor's Office. When an evidence tampering case by the Osaka District Public Prosecutor's Office was discovered in 2010, only two months after being transferred to the top prosecutor's office of the Matsuyama District Public Prosecutor's Office, he was recalled to the ministry as a "special mission" and an expert person discussing the prosecution reform. I served as the secretariat at the meeting.

Attorneys and journalists who had a strict opinion on the prosecution's state also participated in the meeting, and even the abolition of the special investigation department was discussed. Although it was difficult to adjust the opinions, the recommendations compiled at this meeting led to a review of the criminal justice system, including ▼ obligatory recording and recording of interrogations and ▼ introduction of new investigation methods including judicial transactions.

Keiko Chiba, who chaired this conference and was the Minister of Justice of the Democratic Party's government until just before that. I think Mr. Kurokawa played a major role in the success of the conference.

Mr. Chiba
"I am very competent as a legal bureaucrat, but I do not take a bureaucratic attitude. I have also built relationships with members who say harsh opinions and made adjustments toward the compilation of proposals."

Presence increasing at Kasumigaseki

After this meeting, Mr. Kurokawa served as Secretary-General of the Secretary-General and Secretary-General of the Secretariat, which was in charge of parliamentary measures and negotiations with the official residence for seven years from 2011.

At the time, the Ministry of Justice, in the headwind of prosecution scandals, was required to implement various legislation, including a law related to the reform of the criminal justice system and a bill to reestablish the "preparatory crimes against terrorism" by revising the constituent requirements of "conspiracy crimes". Several executives testify, "Kurokawa's skill was indispensable."

Furthermore, one of Mr. Kurokawa's achievements is the establishment of the Litigation Bureau. "The Litigation Bureau" is a department to which the public prosecutors and judges acting as national agents in lawsuits in which the government is a party belonged to, and was reorganized in 2001 as a department of the Minister's Secretariat. In 2015, when he was the Chief Cabinet Secretary, he was upgraded to the Bureau again. When upgrading, the concept of "preventive justice" was newly introduced to prevent the risk of lawsuits in which the country is the defendant, and the Ministry of Justice has been able to receive consultations from ministries and agencies from the policy-making stage. Much information about the important policy of the country such as the relocation issue of the US military Futenma base has gathered at the Ministry of Justice, and Mr. Kurokawa who also served as a pipe with the official residence is said to have increased its presence in Kasumigaseki as a brain of the administration. I will.

One of the incumbent bureaucrats of the Ministry of Justice said Mr Kurokawa had a scale that was unbounded.

Mr. Kurokawa, an incumbent official of the Ministry of Justice, said, “Kurokawa-san has a flexible idea and has repeatedly made efforts to eliminate the vertical division of offices and waste, and to establish a new system and structure. "I also used a pipe to the official residence to implement the necessary measures. I looked not only at criminal justice but also at a wider society as a whole."

Concerns about "close to politics"

Mr. Kurokawa is expanding his field of activities beyond the legal prosecution. We, who are in charge of the prosecution's interview, also felt that Mr. Kurokawa, who has a mansion and a thick pipe, is making a difference, and his presence continues to increase within the legal prosecution.

However, according to the people involved, the leaders at that time did not make Mr. Kurokawa a candidate for president, while valuing their contribution to the organization.

Around this time, an increasing number of articles were published in monthly and weekly magazines, such as "the representative of the official residence" and "the guardian deity of the official residence," in a critical way. According to a person familiar with the situation at that time, the reason why Mr. Kurokawa was not elected as president is exactly this point, which was considered "close to politics". He was worried that "the fairness of the prosecution could be adversely affected."

Mr. Kurokawa's boss, a former prosecutor's official, said, "I am sorry that he has been "conveniently used" as a coordinator with politics for many years."

Personnel plan to pass legal prosecution and official residence

The legal prosecutor who did not make him a candidate for the Attorney General, even though he highly evaluated Mr. Kurokawa's ability. However, four years ago, in the summer of 2016, regarding Kurokawa's personnel affairs, it was said that there was a shocking event between the leaders under the surface of the water.

According to the people involved, the legal prosecutor's office said that ▽Mr. Hayashi, who was the chief of the criminal office at the time, would be the secretary-general who will be the gateway to the future prosecutor general, and ▽Mr. Kurokawa, who was the chief secretary, will be transferred to the local prosecutor. Was created and asked for approval from the official residence.

Regarding the appointment of prosecutors ▽ The Minister of Justice has the right to appoint general public prosecutors ▽ The Cabinet has the right to appoint the Attorney General and the Attorney General, but in reality, the Prosecutor's side has created and obtained the approval of the President. It has been a "customary practice" for many years for the ministers and cabinets to approve.

However, according to the people concerned, the government side, such as the official residence, showed disappointment, and in the personnel change in September of that year, Mr. Kurokawa was promoted to assistant secretary and Mr. Hayashi remained the chief of the criminal office. It was unusual for the prosecution's initial personnel case to be overturned by the intention of the official residence, and Mr. Hayashi never took the post of the Under Secretary.

Prosecution prosecution and intention of official residence. We, the judicial journalists, have also become very interested in the whereabouts of the two personnel since this time.

Mr. Kurokawa was appointed as the Tokyo High Public Prosecutor General from the Under Secretary in January last year. The limit to take office as Prosecutor General was February 7, the day before the retirement age of 63, but usually about three weeks before the issuance, the new personnel information announced in late January Was not transmitted.

What's going on with HR? After all, Mr. Hayashi, not Mr. Kurokawa, is the next president... On January 31st, when he began to worry, the Cabinet decided on an unusual extension of retirement that we had not anticipated, and Mr. Kurokawa's path to prosecutor general. Was opened.

"Close to politics" hits

Looking at the history of the post-war prosecution, there were some events in which the close relationship between the prosecutor-general and politicians had a negative impact on the organization.

One of them is the "Meal Meals" in 1968. While the Tokyo District Public Prosecutor's Office is working on a corruption investigation in the political world called the "Nippontsu Incident," Prosecutor General Imotodaikichi was then prosecuted at home in this case, Masayuki Ikeda, and the LDP Fukuda. It was reported that he was having dinner at a restaurant in Tokyo with the secretary general (at that time).

“I haven't talked about the incident as a meal in return for the president's inauguration,” said President Imoto, who has met, but the situation has been pursued by the Diet as “the neutrality of the prosecution is suspected”.

The Tokyo District Public Prosecutor's Office has not arrested politicians for eight years before the Lockheed case. It has also been pointed out that the conflict between President Imoto and the “on-site group” that triggered this problem spread to personnel affairs, and triggered the Tokusou Department to sleep long.

Former Minister of Justice talks about politics and prosecution

Former Minister of Justice Keiko Chiba who knows Mr. Kurokawa well. The difficulty of the sense of distance that politics and the prosecution should take is as follows.

Mr. Chiba:
“I was a Minister of Justice in the Democratic Party's government, and I felt pressure to “press the prosecution” and “check it.” A politician investigated what the prosecution did and how far. I think there is an aspect of wanting to control the prosecution because I do not know if I have evidence. In that sense, politics and prosecution are very delicate relations."

Where is Mr. Kurokawa's true intention

Several legal prosecution executives and OBs who are familiar with Mr. Kurokawa testify to the interview, saying, "I think Mr. Kurokawa originally did not intend to become the president."

One of the executives said, “Mr. Kurokawa was more interested in the implementation of measures than personnel and career advancement, and was enjoying the measures to the Diet and being a member of the Diet. However, it is true that he agreed to extend his retirement age, which he could refuse. I think I was going to be the president at the end. I don't know why I changed my mind."

NHK spoke to Mr. Kurokawa at the time when criticisms continued to extend the unprecedented extension of retirement age, which changed the interpretation of law.
Did he have the intention of assuming the office of prosecutor general even if he was criticized for being “close to the official residence”? However, Mr. Kurokawa did not tell the truth to the interview.

Where is the cause of the confusion

Where is the cause of the confusion over Mr. Kurokawa's personnel affairs?

Mr. Riki Hotta, who was commissioned by the prosecutor in 1964 and also served as the director of the Human Resources Division and the Chief of the Cabinet Office of the Ministry of Justice, after the war, in order to prevent politics from affecting personnel affairs, a custom was created to narrow down candidates for the Attorney General early on. I will point out.

Mr. Hotta
"Until around the 1940s, there were some executives inside the public prosecutor who wanted to advance with the help of politics. Allowing political interference would affect the investigation of the case, so politics could not be taken sideways. In addition, there was a system within the prosecution to solidify personnel up to several generations ahead."

On top of that, I point out that Attorney General Nobuo Inada and Mr. Kurokawa have great responsibility.

Mr. Hotta: Mr.
Inada should judge that "it is impossible" when he receives a report about extension of retirement age, and it is none other than the president who has been stopped. It is unforgivable and the responsibility is decisive. Mr. Kurokawa should have clearly declined when the official residence was told to extend his retirement age.”

What did you think at the scene...

How do the incumbent legal prosecution executives take a series of events? Many incumbents pointed out the problem of an organization that relied too much on one person.

Incumbent prosecutor
“The organization should reflect on relying too much on superstar Mr. Kurokawa. It is not good to have the Chief Cabinet Secretary serve for more than 5 years. It's unhealthy because you'll start playing.''

Incumbent Ministry of Justice Executives
"Those with strong legal prosecution have given flexible Kurokawa much of the response to the Diet and the official residence for many years. We should have been responsible for developing human resources in each age."

On the other hand, prosecutors in the field are still worried about how to fulfill their responsibilities in a special organization that has the two faces of justice and administration.

Incumbent Minister of Justice
“Originally, I was appointed as a public prosecutor for justice and was educated to keep a distance from politics, but when I come to the Ministry of Justice, it may not be a job. What is the sense of distance from the politics required by the Ministry of Justice? Mr. Kurokawa, who accepted the extension of retirement age, may have become a step closer to politics, perhaps half a step or one step from here.”

Mid-level executives
"I think every day why this happened and what went wrong" "Our generation has to think seriously to avoid falling into a similar situation"

What should be learned

Mr. Hotta, who has participated in the investigation and trial of the Lockheed case and has faced politics at both the Ministry of Justice and the public prosecutor's office.
He points out that it is extremely important to develop and promote executives who understand the “prosecution mission”.

Mr. Hotta: For the
prosecution, the support of the public that "I want you to elucidate the truth of the case" is of utmost importance, and it is an absolute duty that the prosecutors will meet the expectations of the public and support them so that they can work. It's the role of the Ministry of Justice. You should recruit executives who understand that as a sense."

Restoration of damaged trust

The public's trust in the prosecution has been severely damaged over this series of problems. Mr. Hayashi, who took over as Kurokawa's successor prosecutor, said, "I think the public prosecutor should carry out his duties while maintaining a certain distance from politics. There is a possibility that fairness may be suspected. Prosecution rights cannot be exercised without public trust." How can we regain the lost trust? We will continue to collect data.

Social Department Judicial Club Cap
Ryutaro Mori

Social Club Judiciary Club Reporter
Yoshimi Hashimoto

Hiroki Moriya, Journalist, Social Club Judicial Club

Ryota Miyazaki, Journalist, Social Club Judicial Club

Ayumi Takahashi, Reporter, Social Club Judicial Club

"Judiciary and administration" Between the two faces-verification and former prosecutor Kurokawa problem-