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Yesterday in Aomori, Japan the trial of whale defenders Junichi and Toru — the "Tokyo Two" — came to a close.

During the long trial, the defense outlined the meticulous investigation by Junichi and Toru into whale meat embezzlement, and in this way put whaling on trial. Whistleblowers and even hostile witnesses corroborated the evidence the Tokyo Two found in 2008. The evidence has been overwhelming and would under normal circumstances in any democracy would lead to an acquittal. The request by the prosecution for 18 months in jail is outrageous and politically motivated. If imposed, the sentence would be the longest jail term for any Greenpeace activist — ever. The Japanese government is aware of the evidence put forth in this case and the outpouring of support for the innocent activists, yet they continue to try to silence the Tokyo Two to support their whaling program.

Not only have outraged and sympathetic citizens taken action on behalf of the Tokyo Two worldwide, but human rights groups, and legal experts and politicians including Desmond Tutu have condemned the unjust arrest of the Tokyo Two.

Even the United Nations Human Rights Council Working Group on Arbitrary Detention stated that the 26-day detention of Junichi and Toru violated their human rights. How can Japan request jail time when it has already violated the the rights of the Tokyo Two through their detention? A request for jail time is a disrespect to accepted international human rights standards, and not to mention, disproportionate to the alleged crime of taking a box.

We acted peacefully and only in the public interest – to gain evidence of embezzlement of whale meat paid for by the Japanese public. As a signatory to international human rights treaties, Japan must uphold our right to take such action and we trust the court will recognise this in its decision.” -- Junichi Sato.

The demand for jail comes just as crucial talks are to begin at the International Whaling Commission (IWC) meeting in Morocco where Japan deals internationally to continue its corrupt whaling program. Around the world people are calling for an end to whaling and an end to the prosecution of the Junichi and Toru, two of the boldest whales and oceans defenders. TAKE ACTION! Demand justice for the Tokyo Two and the whales.

Next Tuesday June 8th marks a pivotal point in the trial of Junichi Sato and Toru Suzuki, two activists on trial for exposing an embezzlement scandal in the Japanese whaling program. Junichi and Toru, known as the Tokyo Two (T2), will give their closing arguments in what will be their final day in court before the judges retire to consider their verdict. It will be over two years since the two were arrested and subject to the drawn out judicial process, which has seen all three judges change – two of which were rotated only recently - and what appear to be ongoing cover-ups by the authorities.  The trial has become one which is not just about corruption within the whaling industry, but also human rights and freedom of expression in Japan, with the UN Working Group on Arbitrary Detention weighing in to say that the authorities’ treatment of the T2 has violated their human rights.  

Find the full UNWGAD opinion here

A recent CNN TV story describes the issue of whaling as a conflict between activists and the whalers. The T2 case shows a different battle happening within the country, one where those in authority deny their citizens the right to investigate, the right to informed discourse, rights that Japan is obligated to uphold based on their international agreements.  And soon, whaling also faces a pivotal moment with an upcoming International Whaling Commission meeting the Japanese delegation brings the same duplicity to the proceedings that the Tokyo government brings to the trial.

Artist sketch L-R: Junichi Sato, Defense Council Member, and Toru Suzuki. Greenpeace/Molly Intersimone

While the true nature of the whaling industry has been highlighted by the ongoing T2 case  the future of whaling will also come under scrutiny at the next IWC meeting.  Greenpeace wants a fair trial for its activists, and positive change at the IWC that will see the commission modernized into a body for the conservation and protection of whales, not whaling. Japan has an opportunity at the IWC and in the T2 case to prove that it is the first world democracy and environmental leader it wants to be.

Over 400,000 people around the world have signed on to support Junichi and Toru, and with next week’s closing arguments we will see if the court has been paying attention.  Please sign the petition for the T2 and tell the IWC delegation to save the whales.

 

 

Junichi Sato and Toru Suzuki, the Tokyo Two (T2) are two Greenpeace activists on trial in Japan for exposing a whale meat embezzlement scandal within Japan’s Southern Ocean Whaling Program. Yesterday, two crewmembers of the Nisshin Maru whaling and processing ship took the stand.  These two men were central figures in the embezzlement investigation completed by the T2 and Greenpeace, and they had to answer questions on record about the whale meat embezzlement. 

Greenpeace/Molly Intersimone. Artist sketch of witness in Aomori District courtroom. May 14th, 2010

Through the investigation by Greenpeace and the T2, and subsequent evidence in court, it has been shown that the whaling industry is a corrupt government-subsidized annual whale hunt disguised as scientific research.  By the end of the day yesterday, one crewmember confirmed much of the T2’s investigative work in 2008.  He described the involvement of the Fisheries Agency of Japan and the Japan Whaling Association as recipients of whale meat gifts.  Previously in court, a former crewmember identified government officials not only as recipients of “gifts” but actually accused employees of the government’s Institute of Cetacean Research (ICR) of taking the best cuts of whale meat off-the-record and for personal gain. The ICR is the body of the Fisheries Agency that accompanies whalers so they can claim to be doing "lethal scientific whaling."

The other crewmember who testified could not keep his story straight, explain why he had brought materials commonly used in preserving whale bacon on board, or say what was in the boxes he sent home.  At one point, he even claimed that he was shipping home Arctic Ice and unwanted whale cuts before the defense reminded him that all of his boxes were shipped at room temperature.  The Public Prosecutor's Office has chosen to silence citizens calling attention to embezzlement instead of investigating the real scandal.  Embezzlement in a tax-payer funded enterprise where beneficiaries of illegally procured whale meat go all the way up to the Fisheries Agency of Japan.  As more and more evidence comes out, it is apparent that this is a political trial meant to protect those in Japan receiving unmarked boxes of valuable whale bacon.  

The UN Working Group on Arbitrary Detention concluded that Junichi and Toru had been arbitrarily detained and their freedom of expression violated.   See UNWGAD summary. 

On the other hand, Junichi and Toru have used the trial to show with utmost transparency their investigation and to show how they consistently operated within their rights to Freedom of Expression:

“Through the course of this trial we have consistently proven that we acted in the public interest, which is protected under international law,” said Toru Suzuki, Greenpeace Japan. “The United Nations Human Rights Council’s Working Group on Arbitrary Detention was clear in its opinion(1) that neither Junichi or I should have been detained and this prosecution is political. We trust that the court will take this into account, and acquit us.”

 -Toru Suzuki

The next trial date is June 8th, where closing arguments will be heard and the prosecution will request a sentence for two citizens they should be applauding for their courage not silencing to save face.  

Sign the petition for the T2

Read the  International Press Release and Past Blog Trial Coverage

Whaling 101

Keep up to date the about Tokyo Two and the whaling issue by joining the T2 facebook page.  

The Tokyo Two (T2), are two Greenpeace activists on trial in Japan for exposing a whale meat embezzlement scandal. Now, those implicated in scandal they uncovered almost two years ago must take the stand.  Through the investigation by Greenpeace and the T2, and subsequent evidence in court, it has been shown that the whaling industry is not just a government subsidized yearly whale slaughter disguised as scientific research, but also an industry fraught with corruption.  Junichi and Toru, the T2, are on trial for revealing this corruption that implicates government officials and crewmembers, one of whom will take the stand tomorrow. 

It remains to be seen whether the three judges who will decide the fate of the T2 will understand that whaling should be on trial and not two Japanese citizens.  The UN Working Group on Arbitrary Detention has identified this trial as a politically motivated one, and the Japanese Prosecutor’s Office has a motive to silence the T2. See UNWGAD summary.   Government employees from the ICR (Institute of Cetacean Research/fake science body) have been identified as part of the corruption.  One former whaling crew member took the stand at trial in March to talk about ICR officials taking expensive cuts of whale meat off record.

For this reason and so many more, people across the globe have taken action by signing a petition to PUT WHALING ON TRIAL. Recently, the Greenpeace delivered some of these petitions put forward a request for the Prosecution Inquest Committee  (PIC) to consider reopening the investigation into the scandal brought to their attention by Greenpeace.  This committee is supposed to be a body of citizens that reviews decisions by the Tokyo Prosecutor’s Office.  In 2008, the Prosecutor’s office had promised to investigate the embezzlement scandal the T2 brought forard and instead sent dozens officers to arrest the T2.  Before Greenpeace could submit all of the evidence to the PIC to reopen the case they were denied.  Just like a political trial, there is a united front to cover up the scandal and to silence the T2.  See a Timeline of Events.

Junichi and Toru were within their rights of freedom of expression under international law by conducting their investigation.  In addition, Japan is bound by international agreement to uphold their right of citizens to obtain and share information, not take steps to suppress it.  Elements of the original investigation have been laid out over the course of this long trial: the stealing of whale meat, black market sales, government employee beneficiaries, and much more.  Tomorrow will be another opportunity to find out about the embezzlement of whale meat on the Nisshin Maru.  As the crew member who took part in embezzling whale meat takes the witness stand, the world will wonder why the T2 are the ones facing jail time.  Sign the petition: Arrest Me Too.

Keep up to date the about Tokyo Two and the whaling issue by joining the T2 facebook page.  

Get the facts: Whale Meat Embezzlement Scandal, The Cover-up, and Whaling on Trial

Past Blog Trial Coverage

 

 

Yesterday, expert witness Prof. Voorhoof in the Tokyo Two case spoke on a panel hosted by Aoyama University Society for the Study of Human Rights.  He sat with lawyers helping to advance freedom of expression in Japanese society, a defendant from the Tachikawa leafletting case, as well as with co defendant Junichi Sato.  Voorhoof spoke about the ‘chilling effect’ that can happen when journalists and citizens no longer puruse information inportant to society for the fear of consequences.  Others spoke about the value of freedom of expression in Japan as a democracy and the need to encourage whistleblowers to come forward.

Read the full statement submitted to the District Court by expert witness Prof. Dirk Voorhoof. 

This university event was important for the T2, because while they are helping to put whaling on trial, they also see their case as a vanguard for civil rights in Japanese society.  The general asessment by both European and Japanese experts is that in most developed democracies, the T2 would not be standing trial for actions done during their investigation into whale meat embezzlement.  Voorhoof and others have outlined the reasons why, and why according to the Japan’s international commitments, it is undermining its own professed values.  

The work of Greenpeace surrounding the Tokyo Two case is an effort to guarantee that whaling be put on trial, that the evidence gathered meticulously to expose whale meat embezzlement be heard.  It is an effort to exonerate those who in the spirit of democracy pursued information for the public good.  This is not an indictment of Japan, it is an indictment of a corrupt whaling industry hiding behind a shadowy government body.  This is a test of a government to uphold democratic principles at home that give it positive standing abroad.  Freedom of expression can be interpreted differently in different situations, but Article 19 of the ICCPR (International Covenant on Civil and Political Rights) and relevant international case law show that in the case of the Tokyo Two, Japan is in violation.  

Everyone at one time or another has faced some unpleasant reality about their home country.  At the moment, for the T2 team in Japan, that probably includes the 99+% conviction rate, or the fact that the judges who hear the opening of the trial, won’t be the ones who reach a final verdict.  Most likely, it includes a national media failing to report the trial as a landmark freedom of expression case because of a pro-whaling public, or a government so afraid of the truth, it sends 75 policemen to arrest two people who took then returned a box worth around $500 USD.

Panelists from the university discussion yesterday made some compelling points.  Voorhoof noticed the increased interest in the topic of freedom of expression in Japan from his last visit in June.  Another panelist said that Japanese laws should not be designed to protect those who do not engage in free speech, for those who wish only to be sheltered from unpleasantness.  Taking this idea further, without the engagement of civil society, freedom of expression is just an abstract concept written in a document.  We must act to guarantee the realization of this idea for ourselves and for the Tokyo Two.  Take action before the next trial phase in May and verdict in June.  

"Every action of our lives touches on some chord that will vibrate in eternity."
- Sean O'Casey