CONSPIRACY LAW STALLED AGAIN

UNCLAS TOKYO 003078

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PTER ECON JA
SUBJECT: CONSPIRACY LAW STALLED AGAIN



1. (SBU) Summary and Comment. Despite ruling and opposition
camp admissions that a bill to criminalize conspiracy is
needed, the conspiracy bill remains locked in a Lower House
committee with almost no chance of passage before the Diet
session ends on June 18. The conspiracy law would bring
Japan into compliance with the 2000 UN Convention Against
Transnational Organized Crime and enable Japan to join other
countries in cracking down on cross-border crimes such as
terrorism and drug and human trafficking. The Diet came
close to a compromise in early June, but the opposition
backed away from approving its own draft bill. The
coalition's inability to pass the conspiracy law, despite its
overwhelming majority in the Diet, suggests it is unwilling
to risk derailing discussion on its medical reform package by
ramming through the conspiracy bill. End Summary and Comment.


2. (SBU) The amendment to the Anti-Organized Crime Law,
commonly referred to as the "conspiracy law," would
criminalize conspiracy and bring Japan into compliance with
the 2000 UN Convention Against Transnational Organized Crime
(TOC Convention). The amendment would enable Japan to join
other countries in cracking down on cross-border crimes such
as terrorism and drug and human trafficking. Despite
acknowledgment by both the ruling and opposition camps that a
revision to criminalize conspiracy is needed, the bill
remains in the Lower House Judicial Affairs Committee with
almost no chance of being passed before the regular Diet
session ends on June 18. Our Foreign Ministry contacts tell
us they are trying to salvage the bill through discussion
with Diet members, but the bill will most likely be carried
over to the Diet session expected to convene in the fall.

Resistance Strong
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3. (SBU) Japan signed the UN Convention Against
Transnational Organized Crime in 2000 and approved it at a
regular Diet session in 2003, but has yet to ratify the
treaty. The conspiracy bill was initially submitted to the
Diet in 2003 but has been repeatedly shelved due to
resistance from opposition parties and civic organizations
that claim that the law could threaten freedom of
association, thought and expression. As one Foreign Ministry
official explained, the law is controversial because, prior
to World War II, the police used a conspiracy law as a
pretext to suppress freedom of speech and to arrest citizens.
The Japan Federation of Bar Associations also opposes the
bill because it could result in "thought policing."

Form Over Substance
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4. (SBU) Throughout the Diet session, the coalition
criticized the opposition Democratic Party of Japan (DPJ)
bill, saying it would not meet the requirements needed to
ratify the TOC Convention. The DPJ-sponsored bill limited
the conspiracy charge to crimes that carry a sentence of more
than five years of imprisonment and to international crime.
However, the UN Convention requires member countries to make
conspiracy charges applicable to crimes that are punishable
by four or more years of imprisonment. It also calls on
member countries not to limit the types of offenses to
international crime.


5. (SBU) In spite of the coalition's reservations, it
suddenly decided on June 1 to accept the DPJ's conditions,
clearing the way for passage this session. Most media
explained away the sudden change of heart as a coalition
strategy to pass a version of the bill this session and amend
it in the next session to bring Japan into compliance with
the UN Convention. In response, the DPJ rejected the
coalition's overtures and refused to pass its own bill by
boycotting the Judicial Affairs Committee meeting.

Comment
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6. (SBU) Japan's law enforcement authorities are left on
weak footing without the conspiracy law. Currently, the
police cannot arrest suspected terrorist collaborators in
Japan unless the suspects also violate domestic laws. It
limits the government's response to international organized
crime networks engaged in human trafficking, the drug trade
and other cross-border crimes. The coalition's inability to
pass the conspiracy law, despite its overwhelming majority in
the Diet, speaks to its legislative priorities. The
coalition appears unwilling to risk derailing discussion on
its medical reform package by ramming through the conspiracy
bill.
SCHIEFFER