Japan

The requested person was detained in Greenland pursuant to an international arrest warrant issued by Japan and remained in custody while the Danish Ministry of Justice examined Japan’s request for extradition for prosecution concerning acts allegedly committed during an anti-whaling action in 2010. The Supreme Court held that, when deciding on detention intended to secure extradition, the courts must not only examine the statutory conditions for detention but must also conduct a preliminary review of whether the conditions for extradition appear to be satisfied; a full examination of the extradition request, however, is reserved for the later stage following the Minister of Justice’s decision. The Court found that there was sufficient suspicion, a concrete risk of absconding and no basis at that stage for concluding that the extradition requirements were not met; it further held that continued detention was proportionate because the Ministry’s examination had progressed within a reasonable time and the seriousness of the alleged conduct justified the duration of the measure. The judicial review afforded to the requested person, including the opportunity to challenge the evidence, complied with Article 5 ECHR, and the decisions continuing detention were therefore upheld.