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2010.10.01

検察の特別捜査部は解体されるべきである

 郵政不正事件における厚生労働省の村木厚子元局長の虚偽有印公文書作成・同行使被告事件について、大阪地裁(横田信之裁判長)は、2010年9月10日、「共謀があったとは認定できない」として無罪判決を言い渡した。大阪地検は、控訴期限より前の2010年9月21日、上訴権を放棄して無罪判決が確定した。

 これと相前後して、最高検察庁は、この事件についての大阪地検特捜部の主任検事・前田恒彦検事を証拠隠滅容疑で逮捕した。

 その容疑は、厚生労働省・上村勉被告人の自宅から押収したフロッピーディスク(FD)に、偽造された証明書と同じ内容の文書データが 保存されており、最終更新日時は「2004年6月1日午前1時20分06秒」となっていたのを、更新日時が「2004年6月8日午後9時10分56秒」に 改ざんしたというものであり、検察側は前記の裁判の中では、関係者の供述をもとに、村木元局長が上村被告に偽造証明書の発行を指示したのは「6月上旬ご ろ」と主張してていたことから、その見立てと矛盾する最終更新日時を改ざんしたというものであった。当初、前田検事は、証拠隠滅の故意を否定していたが、 その後、徐々に認める供述をし始めていると報道されている。

 その後、前田検事の改ざんの事実については、同僚検事から、当時の特捜部の佐賀副部長や大坪特捜部長に報告され、前田検事が故意に証拠隠滅をして いたことを知っていたとされるが、この2人は、大阪地検の小林敬検事正と玉井英章前次席検事に報告した際には、「改竄」や「書き換え」をにおわせる報告を しなかったことが、犯人隠避罪になるのではないかという疑惑が広がり、最高検によるチームが何度も事情聴取を実施するに至っている。

 最近では、前田検事も、「意図的に改ざんした。故意だったことを部長と副部長に伝えた」と供述するようになっているという。

 2010年10月1日にも、最高検は、大阪地検特捜部の佐賀元副部長や大坪元特捜部長を、犯人隠避容疑で逮捕する見込みである。

 今回の村木事件において、大阪地裁は、特捜部による捜査のあり方が根本的に否定されたと言える。大阪地裁判決は、客観的な証拠の裏付けのない第三者の供述調書の多くを証拠から排除して、検察立証の根幹を否定した。

 これまで、特捜部の捜査においては、逮捕前に、予めストーリーを立て、関係者から、そのストーリーに沿った内容の供述調書を大量に作成し、それを最大の根拠として、その事件を起訴し、裁判所もそれを有罪と認定してきた。

 村木事件の大阪地裁判決は、従来の特捜部の捜査手法を完全に否定する画期的な判断を示したことになる。

 これまでも、特捜部による捜査手法によって冤罪が作られてきたという指摘はなされていたし、民主党の小沢一郎・前幹事長に対する政治資金規正法違反の事件についても、強引な捜査が実施されたが、結局、検察としては小沢氏を起訴することができなかったことは記憶に新しい(前田検事はこの事件にも応援で関与している)。また、佐藤優が、検事の「国策捜査」という言葉を暴露したことも有名である。

 これまで、裁判所は、従来の特捜部の捜査手法を否定することなく、そのような手法で作成された関係者の供述調書によって有罪認定をしてきた。いわ ば、「特捜神話」に裁判所がマインド・コントロールされているようであった。しかし、ようやく、裁判所がその呪縛から解放されて、厳密に証拠評価をするよ うになったとしたら、もう今までのような特捜部の捜査手法では行き詰まることは必至である。

 そもそも、特捜部は、戦後、1947年(昭和22年)に、東京地検に設けられたのを皮切りに、1957年(昭和32年)には大阪地検特捜部が、1996年(平成8年)には名古屋地検特捜部がそれぞれ発足している。

 しかしながら、もはや、その使命は終わっているどころか、最近では、冤罪を生むだけの機関と堕しており、存在自体が有害である以上、もはや解体されるべきであると考える。

 それは、今回の前田検事の証拠隠滅事件や大阪地検特捜部の幹部による犯人隠避事件があったからではなく、それが発覚する前から、解体されるべきであったのである。

 前田検事の事件は、証拠物それ自体を改ざんするという全体未聞の出来事ではあるが、最高検による捜査は、それを個人の問題に矮小化する方向で行わ れているし、大阪地検特捜部の幹部の事件は、大阪高検や最高検には報告しなかったというストーリーを裏付けるために行われているのであり、いずれも実態と は全く異なっているのである。

 すなわち、三井環・元大阪地検公安部長は、高級官僚を起訴する際には、検事総長を頂点とする検察最高会議の場で、証拠等が詳細に検討されるはずで、今回の件を大阪高検や検事総長が知らなかったことはありえないと指摘しているとおりである(人民新聞・2010年9月25日号)

 いずれにしても、特捜部はもはや、その存在意義はなく、存在自体が有害であるから、直ちに解体されるべきであり、特捜部所属の検事を全国各地の地 検に配置し、今後、大きな事件に対する対処としては、各地方検察庁の刑事部において、事件毎にチームを組んで捜査に当たらせることで十分である。

 したがって、一日も早く、特捜部は解体されるべきである。

【Today's Back Music】
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