Plaintiff: UC VALENTINE
Municipal Government (Tokyo-to), Governor ISHIHARA Shintaro et al.
Tokyo District Court decision full text in Japanese at
NPA's fishy photo testimony of what happened at
Plaintiff Valentine's testimony in English
More on the Milton Higaki Case
and its effects:
Govt eyes Brazil
Hiroaki Matsunaga /
Yomiuri Shimbun Correspondent
Yomiuri Shinbun Aug. 23,
Courtesy of Michael H. Fox
Visiting Foreign Minister Taro Aso and his Brazilian counterpart, Celso
Amorim, on Tuesday agreed the two nations would set up a working panel
to discuss concluding a bilateral treaty on extraditions and other
The panel will comprise government officials in charge of judicial
affairs, and the first meeting of section chief-level officials could
be held in Tokyo as early as this autumn, sources said.
The panel also will take up issues including international judicial
assistance, which is expected to help expedite legal procedures both in
civil and criminal cases, as well as the handover of criminals.
With a growing number of Brazilian nationals living in Japan, the
Japanese government is keen to improve legal mechanisms between the two
However, the Brazilian Constitution stipulates that, in principle,
Brazilian nationals accused of a crime should not be extradited, a fact
that some observers say could complicate negotiations.
Currently, with no extradition treaty in place between the two
countries, the Japanese government can only ask the Brazilian
authorities to punish Brazilian nationals using domestic laws, even if
they have committed a crime in Japan and then returned home.
During a meeting with Amorim, Aso reportedly hailed the Brazilian
government's handling of Japan's requests on these matters, saying,
“We appreciate that the Brazilian government has responded
promptly to Japan's requests to punish [Brazilian offenders.]”
Aso is said to have proposed the establishment of the working panel and
Amorim accepted the proposal, according to the sources.
Japan has signed extradition treaties with South Korea and the United
As of 2006, 92 Brazilians
believed to have committed crimes in Japan had fled overseas.
In the case of a Japanese
who allegedly killed a female high school student in a hit-and-run
incident in Hamamatsu, Shizuoka Prefecture, in 1999, a trial was held
in Brazil in February–the first of its
demands by the Japanese government that he be arrested and tried.
A body established by cities home to large Brazilian communities, such
as Hamamatsu and Ota, Gunma Prefecture, and related support
organizations, have called for the early signing of an extradition
treaty between the two nations.