MUTUAL LEGAL ASSISTANCE AND EXTRADITION
Masamichi Kamimura*

I. INTRODUCTION
At the outset, as a member of the Japanese government, I would like to extend a hearty
welcome to everyone attending this sixth Regional Seminar on Good Governance. I also would
like to extend my congratulations for the 50th anniversary of UNAFEI. I have the greatest
respect for UNAFEI’s contribution to the promotion and the sound development of criminal
justice systems and mutual cooperation in the Asia-Pacific Region. I’m confident that thismemorial and commemorative seminar will be fruitful and meaningful to all the participants.
I believe that this Seminar is significant for the reason that Southeast Asian countries
have gathered together to have a better understanding of each other within the topic of
Mutual Legal Assistance (MLA) and extradition. I, myself, would like to learn more about
how the system works in other Asian countries, and I hope I can be of help to others who may
be interested in the Japanese system. My presentation today will try to give you an overviewof how our MLA and extradition systems work.
II. TREATIES AND MUTUAL LEGAL ASSISTANCE
I would like to start with a question. Can Japan render assistance without an MLA treaty?
The answer is “Yes.” As long as there is a guarantee of reciprocity, there is no need for atreaty.
A. Channels
If there is a treaty, the request can be sent from a Central Authority. In Japan, theMinistry of Justice and the National Police Agency can both send requests as central
authorities, but the Ministry of Justice is the only central authority authorized to receive
requests. So, our treaty partner will always send their requests to the Ministry of Justice, butthey will receive our requests from either the Ministry of Justice or the National Police
Agency. If there is no treaty, the request must come through diplomatic channels. Japan has
already concluded bilateral MLA treaties with six countries: the United States (US), theRepublic of Korea, China, Hong Kong, the European Union (EU), and Russia.
B. Scope of AssistanceWith or without a treaty, Japan can provide assistance using almost the same measuresthat are allowed in our domestic investigations. Interviewing witnesses, obtaining testimonyof witnesses in court, and conducting searches and seizures can all be done for other countries
with or without a treaty. However, we cannot execute wiretapping for other countries.
C. Conditions
As for the denial of requests, our domestic laws provide the following. First, we require a*

Director of the International Affairs Division of the Ministry of Justice Criminal Affairs Bureau, specializing inMLA and extradition cases.

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guarantee of reciprocity. Next, assistance will not be provided for political offences. Finally,
dual criminality is required.
There are special requirements for the examination of witnesses in court and forproviding original, tangible evidence. We can only assist if the witness or the original
evidence is essential to the investigation in the requesting country. However, if there is an
MLA treaty, the requirement of dual criminality and the requirement of essentiality can beexempted.
D. Statistics
In recent years, we have dealt with around 40 to 70 incoming and outgoing cases peryear.
III. EXTRADITION
Next, I would like to turn to the issue of extradition. As with MLA, Japan can extradite afugitive with or without a treaty.
A. Channels
Regardless of the existence of extradition treaties, requests should be sent to Japanthrough diplomatic channels. Japan has already concluded bilateral extradition treaties withthe US and the Republic of Korea.
B. Conditions
As for the required conditions, first we require the guarantee of reciprocity. We cannot
extradite the accused for political offences. We also cannot extradite for offences where themaximum term of imprisonment is less than three years under the requesting country’s laws,
as well as under Japanese law. Dual criminality is also required.
In addition, we need to be shown probable cause that the wanted fugitive has committed
the offence. We are often faced with an extradition request which does not contain evidence
to support the allegation. Whether or not probable cause exists is the focus when we consider
an extradition request. This is because in domestic investigations, probable cause is required
to obtain the arrest warrant, and, therefore, Japanese courts strictly examine probable cause inextradition cases as well. Please be advised that should you send an extradition request toJapan, evidence to establish such probable cause is most essential. Lastly, we cannot extraditea Japanese national without an extradition treaty.
C. Statistics
In the past 10 years, we have extradited 12 fugitives to foreign countries; foreigncountries have extradited 23 fugitives to Japan.
IV. STRENGTHENING COOPERATIONAt this point, I would like to introduce our efforts to strengthen cooperation in MLA andextradition matters.
A. Role of “CA”
CA, in Ministry of Justice terminology, means “central authority.” To ensure theeffectiveness of MLA and extradition, the role of the central authority is important. My- 12 -

division serves as a central authority in Japan, and my staff and I make efforts to be afunctional central authority.
If the central authority becomes just a mailman or mailbox, the execution of the request
will be time consuming, and the result of the request will not satisfy the requesting country.
On the other hand, if the central authority has the power and discretion over both incoming
and outgoing cases, the assistance can be effective. It is important for the central authority toadvise counterpart central authorities on what forms of assistance can and cannot be executed
and what should be modified in request documents. Otherwise, the requests will often not becompletely executed. Also, it will be very helpful if the central authority can advise its
domestic police or prosecutors about how the requests are executed in order to meet therequesting country’s demands.
In order for the central authority to fulfill such a role, the central authority should beadequately staffed by trained legal experts. Providing and obtaining effective MLA requires
abundant knowledge about the MLA and extradition system as well as domestic criminal
procedure and criminal law. The central authority should also be adequately equipped, forexample, with secured internet and e-mail systems.
The Japanese central authority has five attorneys: four of them are originally publicprosecutors. In addition, Japanese legal attachés in China, England, France, Germany, theRepublic of Korea, and the US help us to communicate with such countries’ central
authorities. Hopefully we are working as effectively as we say we are.
V. OTHER ISSUESAt the Ministry of Justice, we have been strongly recommending to our foreigncounterparts to engage in informal consultation before sending a formal request. Even if therequest is non-treaty based, we think that the central authorities should communicate directlywith each other to discuss and solve problems. The use of diplomatic channels is limited tothe sending and receiving of formal requests. Therefore, if you plan to send an MLA or
extradition request to Japan, please consult with us at an early stage, and we can advise youaccordingly. As I have mentioned, providing good advice is an essential function of a central
authority.
The next issue is Japanese translation. In some cases, the Japanese translation of therequest is unsophisticated, and, thus, we cannot understand the request well. I understand it isdifficult to translate materials into foreign languages, and some people say Japanese is one of
the most difficult languages to translate to. So, my proposal is that if your country makes anEnglish version of the request, please send the English version as a supplement to theJapanese translation. While the English version cannot be a substitute for the Japanesetranslation, Japan can accept an English version as a supplement to the Japanese translation.
As far as I’ve heard, in some countries including Thailand, an English version is prepared
before translating into the language of the receiving country.
V. CONCLUSION
More information is available on our website (www.moj.go.jp/english). Also, if you needto consult with us on an individual case, please send us an e-mail at infojp@moj.go.jp.

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