Over 300,000 people have demanded justice for the Tokyo Two. Have you?
Junichi Sato and Toru Suzuki, known as the "Tokyo Two",are due to stand trial on February 15th - charged for theft andtrespass. But over the past two years it has become clear that much more is now under the legal spotlight. Corrupt government practices, censoring public information, Japan'sadherence to international law, freedom of speech and the right ofindividual protest together with the commercial killing of thousands ofwhales are all under the spotlight. And before the verdict has evenbeen rendered, a working group of the United Nations Human Rights Council (UNHRC) hasalready ruled that, in the defendants' attempts to expose a scandal inthe public interest, their human rights have been breached by theJapanese justice system.
TakeAction: Stand beside Junichi and Toru as co-defendants and show theJapanese government that it cannot silence the opposition to whaling inthe Southern Ocean Whale Sanctuary.
The scandal
In 2008, Junichiand Toru exposed a scandal involving government corruption entrenchedwithin the tax-payer funded whaling industry. Their findings includedthe embezzlement of whale meat. The Tokyo District Prosecutor began aninvestigation but then shut it down the same day that Junichi and Toru were arrested.
Thetwo were held for 26 days, 23 of them without charge - often tied tochairs while they were interrogated, without a lawyer present. Theyface up to ten years in jail for doing what any honorable citizenshould do - expose corruption. But it is not just Junichi and Toru'sliberty that is at stake here - it is the fundamental right topeacefully investigate and expose corruption, to challenge authorityand to do so without fear of persecution.
Since their initialarrest in June 2008, more than a quarter of a million people havesigned a petition to demand justice for the Tokyo Two, and legalexperts including Supreme Court advocates worldwide have expressedconcern about the prosecution. International human rights and advocacy groups such as Amnesty International have questioned the legitimacy of the prosecution.
A hugely significant UN ruling
The UNHRC's Working Group on Arbitrary Detention informed the Japanesegovernment in December that its treatment of Junichi and Toru breachedno fewer than five articles of the Universal Declaration of HumanRights and the International Covenant on Civil and Political Rights.The working group also recognised the following facts.
- "Sato and Suzuki acted considering that their actions were in the greater public interest as they sought to expose criminal embezzlement within the taxpayer-funded whaling industry."
- "Junichi and Toru willingly cooperated with the police and the Public Prosecutor but that this cooperation was not acknowledged."
- "The Government did not submit any essential information, such as details of Junichi ans Toru's activities as environmental activists, the investigation they carried out, the evidence they gathered or the help they gave to authorities to formally investigate their allegations."
"Junichiand Toru acted in the public interest to expose a scandal that involvedcorruption in the taxpayer-funded whaling programme. Now it is clearthat this is not just the opinion of Greenpeace, but also of thecompetent United Nations body. We expect the Japanese courts to takenote of this opinion and judge the case accordingly."
-- Greenpeace International Executive Director Kumi Naidoo.
The Working Group concluded: "The right of these two environmentalactivists not to be arbitrarily deprived of their liberty; their rightsto freedom of opinion and expression and to exercise legitimateactivities, as well as their right to engage in peaceful activitieswithout intimidation or harassment has not been respected by theJustice system." As such, the Working Group found that the governmenthas contravened articles 18,19 and 20 of the Universal Declaration ofHuman Rights and articles 18 and 19 of the International Covenant onCivil and Political Rights. It also took the view that Sato and Suzukihad been denied the right to challenge their detention before anindependent and impartial tribunal in fair proceedings, and requestedthat the remainder of the trial be conducted fairly.
Junichi Sato (left), Toru Suzuki (right), and their leadcounsel, Yuichi Kaido (centre) face reporters at a pressbriefing following their first pre-trial hearing at AomoriDistrict Court in 2009.
Whaling on trial
Thedecision to engage in this politically motivated prosecution was madeby the previous government in Japan. The new administration can remedythe shame of this damning UN opinion by ensuring that the trial will befair, adhering to international legal standards. Further, it shouldre-examine the original allegations made by Junichi and Toru.
Prime Minister Hatoyama has already shown leadership. In Copenhagen hestood out with his support for ambitious action on climate change. Nowhe has the opportunity to be seen as a world leader in human rights, byensuring that corruption is put on trial - rather than the honourablemen who exposed it.
Read the full dossier of the whaling scandal and the Tokyo Two here
Take Action
Pledge your support for the Tokyo Two and demand justice for the whales.
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