19 February 2009, Auckland – Greenpeace has staged a whale stranding in Mission Bay, Auckland today, to highlight the start of a court case against two Japanese activists.

The activity was timed to coincide with similar activities around the world, directed at the Japanese government and asking for justice for the activists and for whales.

In May last year, Greenpeace campaigners Junichi Sato and Toru Suzuki exposed a black market in whale meat run by the crew of the Japanese whaling ships (1). The following month the pair were arrested and held in custody for 26 days, with Amnesty International and 250,000 people from around the world condemning the political nature of the arrests and charges.

Now, many months later, Junichi and Toru (known as the Tokyo 2) remain under strict bail conditions, unable to work or communicate freely with their Greenpeace colleagues and awaiting the conclusion of the trial, which is likely to end in a jail term.

A five metre inflatable minke whale was beached at Mission Bay to symbolise their plight. Activists placed Japanese daimyo banners around the whale which read Free the Tokyo 2 and Put Whaling on Trial. Following the activity, Greenpeace executive director Bunny McDiarmid delivered a letter to the Japanese Ambassador’s office, in Wellington, demanding his interest in the case, support for the Tokyo 2 and for him to ask the same of his government.

Suzette Jackson, communications manager for Greenpeace New Zealand: “It's not Greenpeace activists who should be put on trial; it’s the government-backed whaling programme in the Southern Ocean Whale Sanctuary. We ask for immediate justice for the Tokyo 2 and an end to the Japanese government’s internationally criticised whaling programme.”

Junichi and Toru had reported their findings with the intention of raising awareness about the abuse of taxpayer subsidies, and to prompt an independent investigation into the programme [2]. They could face up to ten years in prison if convicted.

The first formal court hearing in preparation for the actual trial took place in Aomori, Japan last Friday, 13 February. Following the hearing – which was closed to media and the public – lawyers acting on behalf of the two men outlined the intended defence. Sato and Suzuki are jointly charged with theft and trespass.

“Neither activist had any intent of illegal acquisition, which is one of the elements of the crime of “theft” as defined by Japanese domestic law“, said lead counsel for the defendants, Yuichi Kaido.

“Moreover, from the perspective of international law, Junichi and Toru’s acts were an exercise of the right to freedom of expression, which is guaranteed in the International Covenant on Civil and Political Rights (ICCPR)” [3].

A second pre-trial hearing for the two activists is set for 23 March, while the date of commencement of the public trial has not yet been decided.

Jackson said Greenpeace was requesting the Japanese government conduct an independent inquiry into the clandestine operation on board the factory ship Nisshin Maru.

“It is clear to Greenpeace that the production of products for private sale, from whales caught under scientific permits, does not comply with the International Whaling Commission's requirements”.

Greenpeace is an independent global campaigning organisation that acts to change attitudes and behaviour, to protect and conserve the environment and to promote peace.

1) Greenpeace investigation: Japan’s stolen whale meat scandal, May 15 2008 – dossier available from: http://www.greenpeace.org/international/press/reports/whale-meat-scandal-dossier

2) An investigation begun by Sato and Suzuki in April 2008 focused on organised whale meat embezzlement conducted by whaling fleet crew from Japan’s so-called “scientific” whaling programme, which is funded by Japanese taxpayers. Following information from an informer who had previously been involved in the whaling programme, Sato and Suzuki discovered firm evidence that cardboard boxes containing whale meat were being secretly shipped to the homes of whaling fleet crew – and then sold for personal profit. Junichi Sato delivered a box of this whale meat to the Tokyo Prosecutors’ Office in May 2008, and filed a report of embezzlement. However, the embezzlement investigation was dropped on 20 June – the same day that both men were arrested and then held for 26 days before being charged with theft and trespass. More: http://www.greenpeace.org/tokyo-two

3) The International Covenant on Civil and Political Rights, ratified by Japan in 1979, has the force of law in Japan’s legal system, and prevails over inconsistent domestic laws. In Article 19, the ICCPR recognises that freedom of expression not only includes the freedom to “impart” information, but also freedom “for everyone” to “seek” and “receive” it.

ENDS

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