Japan has a very savage and notorious system: the prohibition on suspects’ communication with anyone including your family and your significant other. This system comes from the old system in Meiji Era, confinement in a locked room, and it still exists today in a slightly different form. Under this system called Sekken-Kinshi in Japanese, the court, upon or without the request from the prosecutor, issues an order to prohibit suspects from communicating with anyone other than their defense attorneys. The prohibition makes the suspects extremely exhausted and deepens their isolations. As a result, they are subject to inducement by law enforcement, and sometimes make false confessions. The suspects are allowed to see their defense attorneys only, who manage to come to police stations in order to encourage their clients. However, lawyers cannot replace a family of course, and usually they are too busy to see the clients so frequently.
Before, the Japanese prosecutors reservedly requested prohibition orders to the judges in cases such as the suspect is a member of yakuza, a Japanese organized crime syndicate. However, such practice has been changing for these 20 years. Today it is very common that the suspects, are banned from communication only because they deny the charges or they have accomplices in alleged crimes. In some cases, the prohibition continues after indictment, or even after a trial starts.
The defense can file a motion against such prohibition orders under the law. Here, we introduce a simpler way to establish communication with your family and your significant other. That is to request the court to dismiss the prohibition partially. Of course, such prohibition order should be invalidated totally. Filing a motion requires, however, a little special knowledge, and the judges unlikely grant one. Instead, you can request the judge to partially dismiss the prohibition order by showing in an application the reasons you want to see or write to the person in custody.
Please choose and print out a format listed below, fill the blank, and submit to the division receiving a new filing in the district court. Do not give up even though your request is denied. You can request again and again. If you have any questions, feel free to contact us.