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2008.12.23

知的障害者の刑事事件について考える

 2008年9月21日のお昼過ぎころ、千葉県東金市の道路脇で、全裸で倒れている5歳の保育園児が発見されて病院に搬送されたが、死亡が確認された。

 この事件について、しばらく犯人が見つからない状況が続いていたが、千葉県警東金警察署の捜査本部は、同年12月6日朝から、現場近くに住む若い男性に任意同行を求め、死体遺棄容疑で事情聴取を始め、その男性の自宅の捜索も行い、その男性を死体遺棄容疑の被疑者として逮捕した。

 その男性は、被害者の衣服などが入れられて捨てられていたレジ袋がみつかったマンションに住んでいる男性だった。

 逮捕後の警察の記者会見においては、被疑者が精神発達遅滞と診断されていることから、記者発表資料では匿名としたが、事案の重大性を考慮するとして、口頭で実名を明らかにしたという。
 そのため、マスコミは、被疑者について、実名報道主義に基づき、住所、氏名、年齢及び顔写真を大きく報道した。テレビでは、逮捕前の被疑者の様子を撮影した映像を繰り返し放送した。

 その後、知的障害者の問題を多く扱う副島洋明弁護士が弁護人として選任を受け、供述の信ぴょう性を確保するため取り調べの可視化を東金警察署の捜査本部に求める活動を行っている。
 これに対して、東金警察署は、取り調べ全体のビデオ録画や一問一答形式の供述調書作成を当面行わない方針であることを明らかにしている。
 ただ、弁護人によると、千葉地検は、被疑者の取り調べの一部を録音・録画している可能性があるとのことである。

 被疑者は、警察の取り調べに対して、「女の子と家に居たらぐったりした」と供述し、被害者を風呂場で水に沈めたこともほのめかしているとされる。既に簡易鑑定が実施されて責任能力は否定されないとの判断が出たことを受けて、千葉地検では、死体遺棄容疑の勾留満期の12月26日までに、殺人容疑の適用の可否について判断すると見られている。

  この事件の被疑者は、いわゆる知的障害者であり、警察や検察の取り調べについて、被誘導性が高いと考えられる。すなわち、警察が誘導したら、その誘導に乗せられて、警察の思い描いたストーリーによる供述調書が作成される可能性が高いのである。
 弁護人が東金警察署に、取り調べの全面的な可視化を求めているのは、その過程を後で検証することができるようにするためである。

 警察庁は、2009年度(2009年4月)から、取り調べの録音・録画を試行することを決めているが、それに先だって、2008年9月から、警視庁、大阪府警、埼玉、神奈川、千葉の各県警で、取り調べの録音・録画の試行を開始している。
 千葉県警においても、取り調べの録画は設備としては十分な可能であると考えられるにもかかわらず、東金警察署は録画をしていないのは、警察の思い描いたストーリーに被疑者を誘導しようとしているからだと疑われても仕方がないと考えられる。

 ここで思い出すべきは、宇都宮で起きた知的障害者が罪を認めてあやうく有罪になろうとした事件である。

 この事件は、宇都宮東警察署が、2004年8月、宇都宮市に住む重度の知的障害のある男性を暴行事件で逮捕して勾留中に、強盗事件2件の自白調書を作成して再逮捕して、その後起訴したところ、刑事事件の判決言い渡し前に真犯人の男が判明したために、結局、その男性は無罪となった。

 この男性が、違法捜査で精神的苦痛を受けたとして、国家賠償法に基づいて、国と栃木県に計500万円の慰謝料を求めた訴訟について、2008年2月28日、宇都宮地裁(福島節男裁判長)は、原告側の訴えをほぼ認め、国と県に計100万円の支払いを命じ、被告側が控訴せずに、この判決が確定している。

 この判決の中で、裁判所は、「原告には重度の知的障害があり、強盗事件の捜査当時、文字(自分の名前を除く)を書くことや過去の出来事を時系列に沿って記憶することはできず、質問者に迎合的。疲れると質問の意味も分からずうなずいてしまう」と認定しているという。

 宇都宮の事件は、知的障害者が被疑者になった場合に、教訓とすべき事件であった。

 ところが、千葉県東金市の女児殺害事件については、警察において被疑者に責任能力があるという前提で、マスコミに被疑者に関する情報を垂れ流し、マスコミも、被疑者の氏名や顔写真を含めて大きく報道を続けているが、それが後で取り返しのつかないことにならないのか、本当に心配である。

 警察や検察が、千葉県東金市の女児殺害事件について立件し、これを起訴するつもりであれば、全ての被疑者の取り調べは録画されるべきであるし、重要な取り調べには弁護人の立会いも認めるべきである。

 テクノロジーが発達した現在、被誘導性が高い被疑者の取り調べについては、全ての過程を録画すべきであるし、必要に応じて、弁護人の立会いを認めることによって、初めて「適正な」取り調べになると言うべきである。
 いつまでも、警察や検察の取調室を「密室」のままにして、事後的な検証ができない状態にしておくことは許されることではない。

 今回の千葉県東金市の女児殺害事件は、私たちに対して、改めて知的障害者に対する取り調べのあり方を問題提起しており、今度こそ、その問題提起に応え、前近代的な取り調べに終止符を打つような取り調べの改革が今こそ求められている。

【2008.12.29追記】
 被疑者は、12月26日に、殺人容疑で再逮捕された。

【Today's Back Music】
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 サックスプレーヤー土岐英史さんの14年ぶりのジャズ・アルバム。最近のライブで演奏している曲が収録されているので、ライブで聴いている感覚で聴けます。とにかく渋くてクールなアルバムです。

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「刑事事件」カテゴリの記事

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私は神戸地方検察庁に建前被疑者として残された。きっかけは、私の大学レポートだったみたい。反米感情で私が知的障害者と喧嘩を知って、憲法違反だと思った。

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