A British court has ruled that one of three men detained over his alleged involvement in a 2015 jewelry robbery at a luxury store in central Tokyo will not be extradited to Japan, citing concerns over the country's human rights record.
Friday's decision not to extradite Joe Chappell, who is currently on bail, was based on the grounds that the Japanese authorities could not provide "sufficient assurances" that he would be treated in compliance with the European Convention on Human Rights.
The three men -- Chappell, Daniel Kelly and Kaine Wright -- left Japan two days after the heist, which netted 106 million yen worth of jewelry. They were put on an international wanted list by Japanese police through Interpol.
Chappell's defense team has expressed concerns that if extradited, he might be made to confess under duress. Japan has argued that police interrogations in principle are recorded.
At a hearing earlier this year, British authorities asked the Japanese government to ensure his detention complies with the convention, particularly on provisions regarding prohibition of torture and the right to a fair trial.
Japan currently only has extradition treaties with the United States and South Korea. In the absence of an extradition treaty, the country where a crime was committed usually asks a suspect's home country to prosecute.
The three are suspected of taking 46 pieces of jewelry, including rings and pendants after punching a male security guard and breaking display cases at a Harry Winston store in the Omotesando Hills commercial complex in Shibuya Ward on the night of Nov. 20, 2015.
The court has yet to rule on whether to extradite the other two, Kelly and Wright.
Japanese authorities have 14 days to appeal the decision, and another hearing will take place later this month to determine whether the case will continue.
© KYODO
43 Comments
Jolyon
Is true that there is 99% conviction rate in Japan?
sakurasuki
Recording only happens under certain circumstance which make only 3% of all cases. They just don't want to have recording, if that happens it will shows in what stress condition which make people confess.
https://www.japantimes.co.jp/news/2019/06/01/national/crime-legal/recording-interrogations-serious-cases-becomes-mandatory-japan/
bass4funk
Yes
dagon
What a concept ,bail. The Japanese authorities heads must be spinning.
What an equivocal statement. Can't recall ever having seen one.
The only victims here are the poor minimum wage security guard.
sakurasuki
Yes, they are under pressure to get 100% despite the person innocent or not, that's why they rely on confession even there is no actual proof.
https://asia.nikkei.com/Business/Nissan-s-Ghosn-crisis/Ghosn-faces-Japan-s-99-conviction-rate-if-charged
Asiaman7
Yes, but in Japan …
(1) Attorneys are not allowed to attend interrogations. Counsel’s presence at interrogation rooms will help deter the investigative agencies from conducting illegal or unjustifiable interrogations, thereby reducing the risk of false confession.
(2) Exculpatory evidence — evidence that would exonerate the defendant of an alleged crime — may be withheld from the defense.
sakurasuki
(3) Long interrogation that can be up 12 hours per day without lawyer present and back to solitary confinement after interrogation finished on that day.
https://www.bbc.com/news/world-asia-47113189
BigP
“the Japanese authorities could not provide "sufficient assurances" that he would be treated in compliance with the European Convention on Human Rights”.
That says a lot about the Japanese justice system.
Strangerland
Yes, they will drop many cases that they don't feel they can get a conviction on.
englisc aspyrgend
He may be as guilty as hell but there is a presumption of innocence in British law so he has a right to be protected from psychological torture, given proper legal representation and to be convicted if that is the case on the basis of objective and factual evidence not a coerced confession and some semblance of a fair trial.
Not sure whether he can be tried in the UK for an offence allegedly committed outwith the UK. My understanding is that article 44 doesn’t cover these facts
Mark
""Friday's decision not to extradite Joe Chappell, who is currently on bail, was based on the grounds that the Japanese authorities could not provide "sufficient assurances" that he would be treated in compliance with the European Convention on Human Rights.""
Right on, this could have implications for years to come, Japan must comply and treat others nations citizens the same Japanese are treated by these nations, it's a two ways street, remember !!!
englisc aspyrgend
Article 44 if the Istanbul convention was what I meant to put.
itsonlyrocknroll
The European convention on human rights and policing
A handbook for police officers and other law enforcement officials
https://www.echr.coe.int/documents/d/echr/handbook_european_convention_police_eng
Just to provide a head up/overview on how high the human right/policing bar is set for all European Convention on Human Rights signatories.
UK Human Rights lawyers and there are legions of them will be queuing up represent all three suspects.
Keir Starmer KC MP, Leader of the labour opposition. is a former Human Rights barrister and Director of Public Prosecutions. UK is still a full signatory to the ECHR.
All three suspects will not be extradited, unless Japan judicial system is proven to be fully compliant with all articles of the ECHR.
Evidence into the abusive manner of interrogations of Carlos Ghosn, Greg Kelly is enough to obstruct any possibility of extradition.
Mark
Confess or Rot in a cell till you do so regardless of your innocence , No lawyer allowed, No phone calls, and No contact with the outside world, in reality the torture begins the minute you are handcuffed.
kwatt
Japan and UK don't have an extradition treaty in the first place. Both countries don't have to do it whatever. Why is it a big issue?
Paustovsky
That would be the Convention that the tories are pushing to leave because they want to send humans to Rwanda or Ascension Island.
Kazuaki Shimazaki
Japan needs to give diplomatic assurances that the principle would be applied to this specific case, not make a general statement of principle.
The problem here is what are ECHR standards, even, in concrete terms?
If you say it's the unconditional permission for attorneys to attend interrogations, then Germany doesn't have it for the police interrogation phase. You do indeed have to the defendant speak to a lawyer in some way, which Japan allows in principle.
The length of interrogation ... well, its said that it is now, on principle, 8 hours a day
As for this, previous ECHR case law has allowed for at least 60 days of pre-trial detention. And anyone even mentioning the name starting with G should remember his contribution in ensuring bail rights for foreigners who come after him.
Reginald Bok
Well done the UK
sakurasuki
@Kazuaki Shimazaki
If Japan really have same or even higher standard that EHCR that court must easily agree with extradition but that court decision just said the opposite.
Also why innocent people keep confessing for crime that they didn't commit while in detention? How long they can meet with lawyer while in detention? How long investigator and prosecutor can grill them on daily basis?
https://www.scmp.com/news/asia/east-asia/article/2176360/predetermined-justice-carlos-ghosns-arrest-highlights-japans
Yubaru
Only someone who has actually been interrogated by the police would actually know, so by your admission here you have been, more than one time, right? So what were you convicted of, as Japan has a 99% conviction rate?
gaijintraveller
And what does "In principle" mean when referring to law in Japan. In principle it is against the law to sell alcohol or tobacco to a minor. Have you ever met a Japanese who waited till 20 to drink, who never drank as a first-year student? I think that explains the meaning of "in principle" in this context.
"In principle" means in fact the law has no real meaning.
virusrex
As long as the Japanese justice system refuses to play along the rest of the international community this is bound to happen. Overseas it is infamous for the amount of abuse it can tolerate against accused people and there has been no change being even considered. Maybe it is better to get used to extraditions being contested.
kurisupisu
Now I know what authoritarian China has in common with Japan…
lunatic
Well done!
Tracy Rosemary
A group of three men broke into a luxury jewelry store in Tokyo's Shibuya Ward. The ruling was for one of the three suspects in the robbery case.
https://erijewelry.com/products/permanent-welded-bracelet-booking
kintsugi
Tracy
the ruling for the remaining two will be the same.
albaleo
True. I understand only about 50% of cases passed from police to prosecutors actually go to court. The prosecutors generally only pursue cases where they are fairly sure of getting a conviction. According to Wikipedia, " If measured in the same way, the United States' federal conviction rate would be 99.8%."
https://en.wikipedia.org/wiki/Conviction_rate
sakurasuki
You talking about federal conviction not just state conviction which usually really serious, and federal prosecutor will have strong case when they brought someone into federal felony. Also remember, lawyer can be present during those interrogation times unlike Japan.
itsonlyrocknroll
It is quite straightforward.
UK is bound to ECHR, it articles/protocols.
European Convention on Human Rights
https://www.echr.coe.int/documents/d/echr/convention_ENG
Please read, Article 6 The right to a fair trial is incorporated into Abolition of the death penalty
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.
UK court are bound to the Policing and crime bill, including extradition.
The three suspects will be protected by the UK courts, judiciary.
There is a compromise, the J prosecutors can apply to the UK courts to interview the suspects in the UK.
However there lawyers will be present and the interviews will be recorded and conducted in accordance with Police and Criminal Evidence Act.
I guarantee it will be a learning experience
Antiquesaving
Is this the same UK that just arrested an Autistic 16 year old girl in her home, for saying the female police officer
“looked like her lesbian nana”
After being informed she was autistic and her Nana was actually a lesbian.
So in the UK you can get arrested for just words not even a threat but will protect a thief from standing trial!
Antiquesaving
Total irrelevant in this case as the death penalty isn't even an issue.
This is a red herring!
Canada extradites to the USA regularly including murder cases where the death penalty is a possibility after getting a formal written agreement that in the case of the suspect the death penalty cannot be applied.
Why even mention the death penalty in a theft case?
itsonlyrocknroll
Yes Antiquesaving, that could be a cost of laws that cover homophobic, biphobic and transphobic hate crime.
Officer dibble, can misinterpret these complex laws, and the results are horrendous.
Yet at the same time just stop the oil can bring London to a stand still preventing emergency services from saving lives, the police powerless standing by.
Japan has a balanced and respectful police force.
I have no complaints.
Now just to give you a idea of the restrictions the police are under to quote.
PACE is clear.........
There are limits on how long the police can hold you at the police station before they charge you. You can be held for 24 hours if the police think that you have committed an offence. Another 12 hours can be added onto this if the offence they think that you have committed is serious.
Sometimes, but not often, the police will ask the court whether you can be held for longer. The court can only allow the police to hold you for an extra 96 hours (4 days) before you are charged. You can be held for up to 14 days if you are arrested under a Terrorism Act.
Antiquesaving
I didn't think I would have to explain but I guess that assumption was wrong.
It is called an example of how a compromise is made when a problem between laws in one place clash with laws in another place requesting the extradition.
The UK can request like Canada does that Japan give certain written guarantees on the treatment of the wanted person.
I hope this helps you understand!
itsonlyrocknroll
Antiquesaving, you may believe that Abolition of the death penalty is circumspect irrelevant.
I can assure you where ECHR is concerned it certainly isn't far from it.
The UK court will view an extradition on the country applying judicial system in respect of across the board application of human rights laws.
Human right lawyers will waste little time on the fact that Japan prosecutors and judiciary will refuse to fully comply with ECHR strict rules on interview and interrogations.
The UK and Japanese Judicial systems are chalk and cheese.
kintsugi
"will not be extradited to Japan, citing concerns over the country's human rights record."
So what Japan could give a guarantee that it won't violate their human rights?
Wesley
Basically, the message the UK is giving is that one can commit a crime in another country, and then scurry off like a cockroach back to the UK and hide behind their lawyer's skirts.
If the UK is truly serious about stopping international crime, they should throw this guy back to Japan....simply to give the message to future criminals that crime committed anywhere in the world, will not be tolerated.
Antiquesaving
It is in this case, it is a red herring!
Why bring up something that has no bearing on this case?
The UK violates human rights daily now under draconian laws supposedly to protect but are actually to control speech and make any thought outside that if those in power and illegal act!
You are right, in Japan crime, murder, sexual assaults are not even close to being as bad as the UK.
Reginald Bok
OR
The UK realises that Japan's way of treating criminals is barbaric and doesn't want to have any association with such crap.
Antiquesaving
Not the UK would prefer to have a rate of around 8% for solving thefts crimes, an increase to the highest levels in years of murder, and increase of over 20% in sexual assaults from the already high pre covid figures.
kintsugi
Thousands are extradited.
Extradition - From the UK
https://www.cps.gov.uk/legal-guidance/extradition-from-uk
kintsugi
"Japanese authorities have 14 days to appeal the decision, and another hearing will take place later this month to determine whether the case will continue."
itsonlyrocknroll
Antiquesaving my friend, we are both flogging a dead horse.
How the UK treats their obligations under ECHR, and implementation, is not straightforward.
The red herring is attempting to categorize an interpretation into a judicial legislative process.
u_s__reamer
... will not be extradited to Japan, citing concerns over the country's human rights record.
Sez the country with probably the worst prison conditions in Europe outside of those in Russia, and where victims of class justice languish and Julian Assange has been left to rot without trial pending the politically expedient moment when he can be suddenly extradited to the draconian punishment awaiting him in the kangaroo courts of Uncle Sam. Still, Japanese notions of humane treatment for prisoners have a distinct whiff of the bad old days. It's pot and kettle again, innit?