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2 Extradition of fugitives (1)Extradition requests from Japan to other countries
When Japan requests the extradition of a suspected offender from another country, the terms and procedures are determined in line with the domestic laws of that country. In such cases, as a means of apprehending the fugitive, an extradition request is made to the other country through diplomatic channels. The request may originate from a public prosecutor's office or the police, etc. , but in either case the request is relayed to the other country through the Ministry of Foreign Affairs. As a separate case, the fugitive may also be apprehended through voluntary return to Japan or through forced deportation by the authorities in the country concerned. The method of extradition may be based on a bilateral agreement with the other country. The only such agreement currently in force is the Agreement on Extradition between Japan and the USA. This obliges both countries to extradite fugitives sought by the other country, under certain terms. Table II-31 shows the number of fugitives extradited to Japan from other countries over the last 10 years. These break down into 1 case/1 person from Australia in 1991, 1 case/1 person from Italy in 1992, 2 cases/2 persons from the USA in 1993, and 1 case/1 person from Brazil in 1994 (sources:Criminal Affairs Bureau, Ministry of Justice, and International Department, Director-General's Secretariat, National Police Agency). (2)Extradition requests from other countries to Japan The Law of Extradition (Law No.68 of 1953) sets out the terms and procedures for requests from other countries to Japan for extradition via diplomatic channels. Table II-31 shows the number of fugitives extradited from Japan to other countries over the last 10 years. The destination country was the USA for 9 cases/10 persons, accounting for the majority of cases (see Appendix II-13 ). In 1999, Japan received extradition requests for 1 case/1 person from the USA and 1 case/1 person from France. Of these, 1 person has already been extradited during fiscal 1999 (source:Criminal Affairs Bureau, Ministry of Justice). Table II-31 Number of extradited fugitives (1990-1999) |