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Lawyer for Ghosn slams bail condition as human rights violation

TOKYO (AP) — The lawyer for Nissan's former chairman Carlos Ghosn on Saturday criticized a bail condition that prevents his client from seeing his wife, as Ghosn awaits trial on financial misconduct charges. A judge has forbidden Ghosn from seeing his wife, Carole, including in the presence of lawyers, or talking to her on the phone. Prosecutors say the restriction is needed to prevent evidence tampering. "This is unfair," Takashi Takano, the lawyer, said in a phone interview, calling it a human rights violation. "It's cruel and unusual." His earlier appeal of the ban, rejected by district and appeals courts, went to the Supreme Court, which turned it down last month. The Supreme Court decision cannot be appealed, but Takano vowed to keep filing new petitions, stressing that the Supreme Court has not yet ruled on the constitutionality or the human rights aspects. The next one will be filed within two or three weeks, he said. Ghosn's lawyers recently filed a second petition with the U.N. Working Group on Arbitrary Detention, arguing that the restrictions on seeing his wife amount to a deprivation of fundamental human rights. Takano acknowledged that the situation looks dismal, as Japan's Supreme Court is not easily influenced by other governments' views or by public opinion. "Even the strongest man in the world can be stressed, psychologically damaged. That's very natural as a human being," said Takano, noting that Ghosn was holding up well compared to other clients he has had. Ghosn has been aggressively taking part in meetings with his defense team, according to Takano. The case has entered the stage known as "pre-trial sessions," during which both sides hand in evidence. A trial date has not been set. In Japan, preparations for trials routinely take months. Ghosn, who led Japanese automaker Nissan Motor Co. for two decades, was arrested in November and charged with falsifying financial documents in reporting retirement compensation, and with breach of trust in diverting Nissan money toward personal investment losses and a company effectively run by him. Ghosn, 65, a Brazilian-born Frenchman of Lebanese ancestry, has repeatedly said he is innocent, accusing some at Nissan of plotting against him and opposing a plan to merge Nissan with French alliance partner Renault. Renault is set to vote Tuesday on a possible merger with Fiat Chrysler.

Nissan files civil suit against Ghosn, seeking $91 million in damages

TOKYO — Nissan filed a civil suit Wednesday seeking 10 billion yen ($91 million) in damages from the Japanese automaker's former Chairman Carlos Ghosn. Nissan filed the case in Yokohama District Court to recoup some of the monetary damages suffered, it said, “as a result of years of misconduct and fraudulent activity" by Ghosn. The claim was calculated by adding the costs from what Nissan called Ghosn's “corrupt practices,” such as rent for overseas property, use of corporate jets and payments to Ghosn's sister, as well as costs for the internal investigation into Ghosn's alleged wrongdoings. Representatives of Ghosn said in a statement they couldn't comment as they had yet to see the legal documents. “Nissan's maneuvers continue,” they said, while noting Nissan had claimed larger damages before. Ghosn, who led Nissan for two decades and saved it from near-bankruptcy, was arrested in Japan in November 2018, and charged with underreporting his future compensation and breach of trust in diverting Nissan money for personal gain. He was awaiting trial but skipped bail and showed up in Lebanon late last year. Japan has no extradition treaty with Lebanon, and he's unlikely to be arrested. A date had not been set for his trial, and Ghosn has said he was worried his ordeal would never end and he would not get a fair hearing. The bail conditions also barred him from seeing his wife. He has repeatedly lashed out at Japan's judicial system, where the conviction rate is higher than 99%. Japanese authorities recently issued an arrest warrant for Ghosn and three Americans, accused of helping his escape. Separately, they issued an arrest warrant for Ghosn's wife on suspicion of perjury. Ghosn has repeatedly said he is innocent, saying that the promised compensation had never been decided, and all the payments were for legitimate services. Wednesday's lawsuit by Nissan comes on top of the civil case Nissan filed against Ghosn in the British Virgin Islands in August last year. It alleged unauthorized payments, sought to regain a luxury yacht and pursued other damages, according to Nissan. Yokohama-based Nissan, which makes the Z sportscar, Leaf electric car and Infiniti luxury models, is also facing trial in Japan as a company in relation to Ghosn's scandal. It has indicated it will agree to any penalties. Nissan's reputation has been sorely tarnished over the Ghosn fiasco, and its sales have dropped. Nissan reports financial results Thursday.

Japan sends official to Lebanon over fugitive Carlos Ghosn

BEIRUT — Japan's deputy justice minister met top officials in Lebanon on Monday over the case of NissanÂ’s fugitive ex-boss, Carlos Ghosn, who fled to his home country late last year while on bail in Japan and awaiting trial. Ghosn was arrested in late 2018 and is facing charges of under-reporting income and breach of trust. He says he is innocent. He led Nissan for nearly 20 years. State Minister of Justice Hiroyuki Yoshiie (pictured above with Lebanese Justice Minister Marie Claude Najm) met President Michel Aoun as well as the Lebanese minister of foreign affairs. Yoshiie did not speak to reporters after the meetings and is scheduled to hold a news conference later in the day. Aoun's office said in a tweet after the meeting that they discussed mutual relations and ways of developing them "in addition to matters that are of interest for both countries." The tweet did not mention Ghosn, who made his first public appearance in Lebanon in early January saying he fled a “nightmare” that would not end and vowed to defend his name wherever he can get a fair trial. On Friday, Japan's Justice Minister Masako Mori said she was dispatching the official to Beirut to explain the Japanese justice system and improve cooperation. She said Japan hoped Lebanon would gain “a proper understanding of the Japanese criminal justice system.” Japan and Lebanon do not have an extradition treaty, and it's unlikely Lebanon would agree to send Ghosn, considered a Lebanese national hero, back to Japan to face trial. Mori acknowledged that there were “various environments” and laws that underpin each country's stance. Nissan, maker of the Leaf electric car and Z sports car, said in a statement regarding the justice officialÂ’s trip that it hoped Ghosn would return to Japan to stand trial, “so that all the facts can be properly established under JapanÂ’s judicial system.” Having spent months in detention and struggling to gain his release on bail under stringent conditions, Ghosn said he fled in the belief he could not get a fair trial in Japan. Japan has requested GhosnÂ’s return through Interpol and issued an arrest warrant after his escape. Lebanese prosecutors issued a travel ban for Ghosn in January and asked him to hand in his French passport following the Interpol-issued notice against him. NissanÂ’s sales have plunged recently, and it sank into losses for the last fiscal quarter. The brand is widely considered to have been tarnished by the controversy around Ghosn.