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2008.10.27

ロス疑惑事件から共謀罪の恐ろしさを改めて考える

 1981年にアメリカのロサンゼルスで発生した銃撃事件(いわゆる「ロス疑惑」事件)についての逮捕状に基づいて、2008年2月、サイパンに旅行中の三浦和義さんが突然に拘束された。

 以後、サイパンでの移送裁判や人身保護請求裁判などで、アメリカへの移送に抵抗しつつ、ロサンゼルスでの逮捕状無効の申立てを行い、殺人罪と殺人の共謀罪の二つの訴因による逮捕状の有効性を徹底的に争っていた。

 ロサンゼルス郡地裁は、2008年9月26日、殺人容疑の逮捕状を無効とするとともに、殺人の共謀罪での訴追を有効とする決定を下した。この決定を受けて、2008年10月10日、三浦さんはサイパンからロサンゼルスへ移送され、ロス市警の留置場に収容された。2008年10月14日には罪状認否の手続がロス郡地裁に出頭する予定となっていた。

 ところが、収容後あまり時間が経たない内に、「自殺」を図ったとして病院に搬送されて死亡が確認された。ロス市警は、この死亡原因について、「自殺」と発表したが、その後、弁護人だったゲラゴス弁護士は「他殺」だったとのコメントを発表し、死因をめぐる論争となっている。

 米ロサンゼルス郡地検は、2008年10月14日に訴追取下げを同郡地裁に申し立て、裁判所がその申立てを認めて、アメリカの手続は終結した。

 三浦さんの突然の死に接して、あまりに意外であるとともに、大変に衝撃的であった。死因について徹底的な調査・捜査がなされることを期待したい。

 ところで、今回の三浦さんのサイパンでの突然の身体拘束は、1981年当時にロサンゼルス市警が請求した発せられた逮捕状を根拠とするものであったが、その後、三浦さんは日米合同捜査が行われ、その訴追を日本側で行うとの両国の合意に基づいて、その後、日本で刑事裁判が行われ、長い年月をかけて、いわゆる殴打事件(殺人未遂)については有罪判決が確定して受刑し、いわゆる銃撃事件(殺人)については無罪判決が確定している。

 それにもかかわらず、三浦さんのサイパンでの身体拘束の後、日本政府は、三浦さんをサポートするコメントも態度も全く示さなかった。それどころか、法務大臣は、司法共助の要請があればそれに応じるとまで発言していた(これに対して、三浦さんは司法共助に応じないように求める行政訴訟を提起していた)。そして、おそらく、事実上、法務省は、アメリカ側と情報交換などを行っていたものと考えられる。

 日米合同捜査が行われて、日本側で訴追することを合意したのであれば、アメリカ側は、日本の刑事裁判において銃撃事件が無罪になってしまったからと言って、もう一度、アメリカで同じ事件について刑事裁判をすることは認められるべきではないことは明らかである。

 それは「一事不再理」に反するし、アメリカにおける「二重の危険(一度、刑事裁判の危険を受けた者は二度と同じ危険を受けないこと)にも反することだからである。

 ところが、アメリカ側は、日本に存在しない「共謀罪」を利用することを考えた。今回のサイパンでの身体拘束についても、少なくとも、殺人の共謀罪については「一事不再理」にならないとの判断があったからこそ断行できたのではないかと推測される。それと、ロサンゼルスには殺人についての公訴時効がないことと相俟って、三浦さんの身体拘束が可能になったのである。

 そこで、今回の事件を通じて、改めて、共謀罪の「武器」としての威力や恐ろしさを痛感させられることになった。

 すなわち、殺人の実行に至らない殺人についての何らかの話し合いがなされ、それを裏付ける何らかの外形的行為(顕示行為)さえあれば、殺人の共謀罪が成立して、ロサンゼルスでは、二五年以上の懲役刑に処せられる可能性があり、最高では終身刑の可能性もあるというのである(日本の共謀罪法案ではこれほどの重罰化は提案されていないが、アメリカでは共謀罪は重罰化のために用いられている)

 今回の三浦さんの事件を通じて、改めて、捜査機関にとって、「共謀罪」というのは極めて有力な「武器」になるということが示された。この事件を通じての最大の教訓は、警察にはそういう「武器」を与えてはいけないということであり、私たちは三浦さんからそれを教えられたというべきであろう。三浦さんの死を無駄にしないためにも、私たちは、日本において「共謀罪」が立法化されることを絶対に阻止しなければならない。

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三浦和義さんの獄死を、日米「国家」に殺されたと表現した人がいた。日米の捜査当局の違法な捜査(拘束)が原因かと。また、日米警察とマスメディアに殺されたという人も。わたしは第一報を聞いたとき、「マスコミに叩かれるたび闘いし 三浦和義自死は有り得ず」と詠んだ。○ ロス市警三浦殺しに絞首刑 「あれは自殺」に非難轟轟(ごうごう)○ うそつくな自殺自殺とロス市警 七分の間に二段ベッドか?○ 死ねるのか二段ベッドは留置所の 気付かれぬ隙わずか七分81年当時、銃撃事件には関心がなかった。テレビもなく、俗悪週刊誌も見... [Read More]

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