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2011.12.26

検察審査会を利用した疑いが明らかとなった小沢裁判から改めて検察改革の必要を考える

 小沢一郎氏の政治資金規正法違反被告事件が東京地方裁判所で審理されている。この事件は、東京地検特捜部が捜査をしたが、嫌疑不十分で不起訴にするしかなかったが、その後、告発人が検察審査会に審査を申し立てたところ、東京第五検察審査会が,2回にわたって起訴相当と判断し、強制起訴がなされることとなり、東京地裁が選任した指定弁護士によって起訴されたという特殊性を有している。

 ところで、2011年12月15日に東京地裁で開かれた公判において、元東京地検特捜部の田代政弘検事の証人尋問が行われた。その尋問から、 2010年5月に、陸山会元事務担当者の石川知裕衆院議員を保釈後に再聴取した際の状況について、石川議員が供述していない内容を捜査報告書に記載していたことが明らかになった。

 その捜査報告書は、小沢一郎氏に対する起訴議決を出した東京第五検察審査会にも提
出され、起訴議決の議決書においても、その一部が引用されていた。

 その捜査報告書には、田代検事が、小沢氏に対する報告とその了承について録取した状況を質問したことに対する石川氏の供述として、「(略)ヤクザ の手下が親分を守るためにウソをつくのと同じようなことをしたら、選挙民を裏切ることになりますよ。』と言われたんですよね。これは結構効いたんですよ。 堪えきれなくなって、小沢先生に報告し、了承も得ましたって話したんですよね。」との記載があった。

 ところが、小沢氏の刑事裁判には、その取調べ状況を、石川議員がICレコーダーで隠し録音したテープが証拠請求されていたが、田代検事が記載したやり取りにはその記録がなく、田代検事が捜査報告書に記載したやり取りが捏造されていたことが明らかになったのである。

 これに対して、田代検事は、「数日をかけて、思い出しながら報告書をまとめる際、勾留中のやり取りなどと記憶が混同した。虚偽ではない」と証言したが、いかにも苦しい弁明である。

 このような虚偽の内容の捜査報告書は、田代検事一人の考えでできるものではなく、当然に、東京地検特捜部の上司や上層部も知っていたと考えられるし、むしろ、上司からの指示に基づいて作成されたと考えるのが自然かつ合理的である。

 結局、東京第五検察審査会は、このような虚偽の捜査報告書に基づいて、石川議員が小沢氏に虚偽記載を報告したとする石川議員の自白調書が信用でき ると判断し、小沢氏との共謀共同正犯が成立すると考えて、小沢氏に対する起訴議決をしているのである。この事実は極めて重いと言わなければならない。

 そもそも、裁判員法と同じ時に、検察審査会法が改正され、強制起訴制度が導入されたが、小沢氏の事件ではこれが、悪 用・濫用されているように思えてならない。捜査段階から、東京地検特捜部の担当検事が、取調べの際に、「仮に不起訴になっても、検察審査会で必ず起訴して みせる」などと発言していたことが漏れ伝えられていた。これは、東京地検特捜部が、検察審査会を検察の補完勢力とみなしていたことを示している。

 本来、検察審査会は、検察官の不起訴処分をチェックする機関であり、検察庁とは敵対的な関係にあるはずである。ところが、小沢氏の事件では、あたかも検察の一部か補完勢力であるかのように認識していたことが窺えるのである。

 検察審査会法改正により、検察審査会の審議に、弁護士が審査補助員として立ち会うことが認められたが、小沢氏の事件では、2人の審査補助員が起訴方向で誘導した疑いも出ている。

 このように、小沢氏の事件においては、ありえない事態が次から次へと起きて、小沢氏が強制起訴されたのである。これは、小沢氏が官僚組織に対する 宣戦布告をし、検察庁に対しても、検事総長を自分たちが決める権限を剥奪し、国会人事として、民間から検事総長を登用する考えを明らかにしていたことか ら、検察庁が自身の組織防衛のために、強制起訴権限を持った検察審査会を動員して、小沢氏を起訴することで、少なくとも政治的に小沢氏を潰すことを図った ものと考えるのが自然である。そして、そうだとすると、東京地検特捜部は極めて政治的に動き、そのために検察審査会制度を利用して、小沢氏を強制起訴に持 ち込んだ疑いが濃厚である。

 そのような検察の在り方や検察審査会制度の在り方については、根本的に見直す必要があるのではないか。厚労省課長事件を経て設置された法務大臣の私的諮問機関である「検察の在り方検討会議」は、最終的に、検察組織の在り方等の改善を決めただけで、取調べの可視化を含めた検察による捜査・公判の在り方については先送りし、その矛先を検察以外に向けようとし、それを受けて設けられた法制審議会新時代の刑事司法特別部会はこれを受けて、取調べ及び供述調書に過度に依存する捜査・公判の在り方を中心テーマに議論を開始しようとして、捜査機関による新たな捜査手法を議論しようとしている。

 しかしながら、検察審査会を含めて、検察権力が不当・違法に行使され暴走する場合に、それを抑制するための仕組みを作ることが急務であるはずである。
 そうであるならば、私たちは、小沢裁判を通じて、改めて検察権力の在り方を問い、それを根本的に見直すことを求めるべき時が来ていると言わなければならない。

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「刑事裁判」カテゴリの記事

Comments

「福一も防衛省もいまも人類への害毒大量拡散中」

>12月26日東京新聞 私説・論説室から:返還問題か、移設問題か
>「返還」と書くか「移設」と書くか。たかが二文字、されど二文字である。▲

書くべきは「破棄」の二文字。

すなわち地位協定破棄。

それだけで沖縄すなわち日本から治外法権軍属が屯する米軍基地は存在できなくなって倒産して無くなる。
なぜならもう米国には海外の交戦中基地を維持する財力がないから、撤退せざるを得ない。

それとも極東に戦争を起こして特需を演出し沖縄と本土の基地に交戦中治外法権=地位協定をたてに居座り続けるか。
アメリカの選択肢はこのふたつにひとつしかない。

参照:長周新聞
朝鮮転覆狙い軍事緊張作る米国
金正日氏急死
 米日韓軍事同盟で戦争挑発    2011年12月21日付
>>http://www.h5.dion.ne.jp/~chosyu/tyousentenpukuneraigunjikintyoutukurubeikoku.html


平和を守る日本人はすべての精神力を地位協定「破棄」=平和憲法独立不羈立国へと集中させよう。

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