28 years ago, a mother, who was found not guilty in a retrial in Higashi-Sumiyoshi-ku, Osaka, where an elementary school girl died in a fire, was forced to make a false confession. In the trial, the Osaka High Court of the second trial, following the first trial, recognized the illegality of the police investigation and ordered Osaka Prefecture to compensate.
On the other hand, the state did not accept liability for damages.
Twenty-eight years ago, in 1995, a house in Higashi-Sumiyoshi Ward, Osaka burned down, and an 11-year-old girl died in a fire. , but seven years ago the trial was redone and he was acquitted.
Aoki claimed that he was forced to make a false confession during police interrogation and that he was unjustly detained for more than 20 years. Last year, the district court said, ``The police officer in charge continued to blame Aoki for not being able to help her by showing her a picture of her daughter. ordered compensation.
On the other hand, Aoki and the prefectural government appealed against the government's liability for compensation for the response of the indicted prosecutor.
In the judgment of the second trial on the 9th, presiding judge Kenji Maki of the Osaka High Court, following the first trial, recognized that the interrogation by the police was illegal, and ordered Osaka Prefecture to pay compensation of more than 12.24 million yen.
On the other hand, the prosecutor's office said, "There was room for a more appropriate investigation," but did not acknowledge the government's responsibility for compensation.
Mother: False sinners cannot be saved
Regarding the ruling in the second trial, which did not recognize the government's responsibility for compensation, Keiko Aoki commented, "We asked the public prosecutors to interrogate witnesses, but it was not granted. With this presiding judge, a convicted person cannot be saved. To the Osaka Prefectural Government. I won the lawsuit and had a hard time and was interrogated, so I'm glad that it was recognized, but I want to appeal and do what I can to the end."
Osaka Prefectural Police ``Scrutinize the content of the judgment and decide on future responses''
Shuji Tabata, head of the inspection office at the Osaka Prefectural Police Headquarters, commented, "I would like to decide on a future response after carefully examining the details of the ruling." I'm here.
More than 20 years of detention to trial
Keiko Aoki, who has been detained for more than 20 years on false charges, asked Osaka Prefectural Police and prosecutors to clarify their responsibilities for being forced to make a false confession in an illegal interrogation seven years ago. I filed a civil suit against the prefecture and the country.
[Arrested over fire 28 years ago “I was cornered by interrogation…”]
Mr. Aoki was innocently accused of a fire that burned down a house in Higashi-Sumiyoshi Ward, Osaka 28 years ago.
In this fire, Mr. Aoki's daughter (then 11), who was in the sixth grade at the time, died because she failed to escape.
About two months after the fire, Aoki was arrested on suspicion of arson and murder for murdering her daughter for insurance money.
During her interrogation, police said they held her neck to look at pictures of her daughter and repeatedly yelled at her that she was a "monster mother."
In addition, she was told by the police that she had killed her, saying, "The fact that she couldn't be helped is the same as killing her." She said she was mentally cornered and forced to make a false "confession".
[Innocence confirmed in a retrial more than 20 years after her arrest]
Ms. Aoki, who was indicted, was sentenced to life imprisonment by the Osaka District Court in 1999. I asked for a redo.
In 2016, more than 20 years after her arrest, a retrial was held, and the Osaka District Court said, ``The police officer made him make a false confession. was handed over.
[Osaka Prefectural Police and prosecutors are held accountable in a civil trial]
About four months after his acquittal was confirmed, Mr. Aoki claimed that he had been illegally interrogated by police officers. filed a civil lawsuit seeking compensation from the government.
In this trial, there was a scene where a police officer who had previously interrogated Mr. Aoki testified in front of Mr. Aoki, "I still think he was the culprit," further hurting him.
In November two years ago, the Osaka District Court recommended a settlement, stating that ``Mr. Aoki is completely innocent, and the police testimony cannot be accepted,'' but the prefectural and national governments did not agree.
Then, in March last year, the Osaka District Court handed down a ruling ordering Osaka Prefecture to pay more than 12.24 million yen in compensation, saying that the interrogation by police officers was clearly illegal.
On the other hand, regarding the response of the prosecutor who indicted, he did not accept the government's liability for compensation, saying that although there were many doubts, it could not be concluded that it was illegal.
Mr. Aoki and the Osaka Prefectural Government appealed, and in the second hearing of the Osaka High Court, Mr. Aoki claimed, "At that time, I complained to the public prosecutor about the terrible interrogation by the police." but was not accepted.
The Osaka High Court also recommended a settlement in November last year, but the prefecture and the country did not comply, and the settlement talks were terminated after that.