8 Transfer of sentenced persons

  The “Convention on the Transfer of Sentenced Persons” was adopted by the Council of Europe in 1983 with the aim of establishing a system for transferring sentenced foreign nationals to their home countries to serve their sentences there. In Japan, the Act on Transnational Transfer of Sentenced Persons (Act No. 66 of 2002) was enacted in 2002. Having obtained the approval of the Diet, Japan deposited an instrument of accession to conclude the Convention in February 2003. Said Convention came into effect in Japan in June 2003. In Asia, the Republic of Korea followed Japan to join the Convention in July 2005 (put into effect in November 2005), enabling the transfer of sentenced persons between Japan and the Republic of Korea. Under this act, foreign sentenced persons were transferred from Japan for the first time in 2004 and sentenced persons were transferred to Japan for the first time in 2006. A total of 44 sentenced persons were transferred in 2007, and the breakdown was 12 Dutch sentenced persons, seven British, six Americans, five Canadian, four German, three Australian and Polish, two Korean, and one Irish and French. In 2007, Japan accepted one sentenced person from the Republic of Korea (Source: The Correction Bureau, Ministry of Justice).
  With regard to the transfer of sentenced persons between Japan and countries that do not attend the Convention, Japan and Thailand started negotiating the conclusion of a treaty concerning the transfer of sentenced persons in November 2007, and when Chinese President Hu Jintao visited Japan in May 2008, common understanding was reached on starting negotiation towards the conclusion of a treaty concerning the transfer of sentenced persons between Japan and China.