Japan arrests activist who boarded whaling ship

[cory777]

Source: BBC

By Roland Buerk
BBC News, Tokyo

An activist from New Zealand has been arrested by Japan's coastguard after he boarded a Japanese whaling ship in the Southern Ocean last month.

Peter Bethune said he had boarded the ship intending to make a citizen's arrest of the Japanese crew.

Instead, the Shonan Maru 2 immediately set sail for Japan with him on board.

He is a member of the Sea Shepherd Conservation Society, which has been trying to disrupt the annual hunt of the Japanese whaling fleet.

Read more: http://news.bbc.co.uk/2/hi/asia-pacific/8563568.stm

[flvegan]

1. Awesome!! On to trial!!

Looking forward to it, whalers. Good luck with that.

This one, whalers, is gonna hurt.

:rofl:

[tsaketh]

17. I'd be worried if I were him.

As someone with experience with the Japanese Criminal Justice System, I would say he's the one in for hurt.

The Japanese are well known for the fact that warrants aren't required to barge into houses, they torture suspects for confessions and information, and when actually in captivity, standard practice is to hang people by their feet for hours on end.

The Japanese also have a fairly robust system of Capital Punishment, though from what I understand (haven't been there in a while) the new government has put a stop to the death penalty, though it's still on the books.

Japan is near a police state, and is consistently on Amnesty International's shit list. But hey, they have next to no crime aside from the Yakuza who really only mess with each other...

[petronius]

2. My guess is that there won't be a trial - the Japanese CG (or whoever investigates)

will simply determine that it's not worth it and expel him from the country.

If there is a trial, however, I'd say he's boned - I doubt the Japanese court will allow him to make any case based on the legality of whaling, it will all hinge on the legality of boarding another ship, which is pretty cut-and-dried...

[Downwinder]

4. It will be more about the sinking of his vessel.

[Tejas]

6. Maybe in his mind, but reality will set in very quickly.

It would be a trial about Piracy, not who should've won Idol or the price of tea in Zimbabwe.

[wial]

3. now we get to find out

whether or not the Japanese government is run by the Yakuza.

[comtec]

5. Well.... what did they expect?

but I agree, a trial, if honest and open, will be a good thing for this issue.
otherwise.. um... yeah it was nice knowin that guy.

[Tejas]

22. 25yr diet of rice - bet he not

only loses the self righteous attitude but a few pounds too.

[melm00se]

7. "citizens arrest"

His intention was to perform a citizen's arrest on the Shonan Maru 2's captain for what he said was the attempted murder of his crew, and demand compensation.

Under what jurisdiction? and does that jurisdiction apply in international waters or japanese territorial waters? (not sure which ones the act took place).

If he is tried under Japanese law, that law may not allow for the type of defense he wishes to mount (I don't know jack about Japanese law but that is possible).

[ProgressiveProfessor]

13. The boarding occurred in International waters so the Japanese law is dominant

I have been told in the past that Citizens Arrest comes from English common law...don't know if its allowed under the Japanese legal system.

Most US courts would not allow him to bring in whaling in his defense. If this goes to trial in Japan, its not going to go well for him.

[NuttyFluffers]

20. Japanese legal system is statutory law, a la Germany...

however, like China and Korea, statutory law in East Asia is a very strict thing. nuance and extenuating circumstances is literally a waste of time; the law is the law, down to the letter of the law. so imagine German statutory law on steroids... yes, he's boned if they take it to Japanese courts.

[Coventina]

8. There are going to be so many eyes on this process that if

the Japanese treat him with any undue harshness (iow, any substantial penalty/punishment) it will be a Pyrrhic victory for the Japanese whalers.

A bunch of bad press about whaling on top of the Toyota debacle will only serve to further hurt Japan, Inc.

[ncguy]

9. I think that they miscalulated this one

on one hand, Japan will take some bad print press that it won't like, but know that it is all on TV anyway, they may feel that it can't hurt them much anymore.

However, piracy is a serious crime under any law, and this guy could likely spend 25 years or more in prison. While many of the volunters on Sea Shepard may be willing to make sacrifices for the cause, spending the rest of your life in prison is a high price to pay for a few minutes of publicity.

[Coventina]

10. It would be a high price, but I think the level of commitment

these guys have is pretty darn high.

Plus, IF the Japanese were to impose a stiff sentence, they would probably let him go after a token imprisonment. They are going to look like evil goons for sentencing ONE GUY for piracy, when the world knows that the real issue is whaling. Was he even armed when he boarded their boat?

The damage to their reputation in North America and Europe will not be worth it.

[ncguy]

11. I think there is

little doubt that these guys have a high level of commitment, but I believee it is about to be tested. I'm not so sure why they would release someone after a token imprisonment. It's not like they will get good press for doing so.

I think they are going to put this guy away for a long time to send a message.

I really doubt that the whalers or the Japanese judge cares what their reputation is in North America and Europe. Is anyone going to boycott htem for putting this guy in prison, but not boycott them for whaling?

[Coventina]

12. Yes, I think so. I think if there is really a guy in prison for "piracy"

(or, protecting whales, as most non-Japanese will see it) it will be a much bigger negative than the current situation.

You are correct, I don't think the whalers or the judge care about Japan's reputation, but I think a lot of other Japanese WILL care.

But, we shall see. It's all speculation at this point...

[Tejas]

21. Level of stupidity

Hey, look at me, I'm a martyr!"

"Okay, it was fun, y'all are going to slap me on the hand and let me go...right?"




Think back to a religious zealot waltzing across the border of North Korea. Well guess what Einstein...no take-backs or do-overs, you are in a foreign country and your momma can't help you.



play stupid games = win stupid prizes!

[Slit Skirt]

14. yeehah...go Sea Shepard

[FarCenter]

15. Looks like he would be charged with trespassing and tried in Japanese Admiralty Court

He would have to get counsel admitted to the Japanese Admiralty Court. The proceedings are unlikely to be public.

[ncguy]

16. Is there any indication

as to how long things take to come to trial in Japan. I know that long waits are the norm in some countries.

[FarCenter]

18. In normal court most cases go to trial in 3 months -- but this may not apply to Admiralty

And I don't think that there is an actual limit, so it may be up to discretion of the prosecutors.

Access to a lawyer may take up to 23 days if apprehended on one charge. Or 23 x N if apprehended on N charges. Police can interrogate the suspect and conduct their investigations during this time without the suspect having a lawyer.

[Larkspur]

19. Wonder how much pressure the New Zealand government will be under to

intervene on Bethune's behalf? He's a New Zealander, his ship was intentionally rammed by one of the Japanese whaling ships, and he's the first Kiwi to be taken prisoner by the Japanese since WWII.

The polls in Australia saw Sea Shepherd receiving a 91% approval for its campaign. Don't know if New Zealand took a poll. Sea Shepherd should commission one that also asks if the NZ government should intervene on Capt. Bethune's behalf.