AMBASSADOR MEETS WITH OPPOSITION LAWMAKERS TO DISCUSS CHILD

UNCLAS SECTION 01 OF 03 TOKYO 000947 SIPDIS SIPDIS STATE FOR INL, L/LEI, EAP/J JUSTICE FOR CEOS E.O. 12958: N/A TAGS: PHUM KCRM KOCI PREL JA SUBJECT: AMBASSADOR MEETS WITH OPPOSITION LAWMAKERS TO DISCUSS CHILD PORNOGRAPHY TOKYO 00000947 001.2 OF 003 ¶1. Summary: Our consciences demand that we do something about child pornography, the Ambassador told nine Democratic Party of Japan (DPJ) Diet members during an April 2 meeting. Although some people raise questions about possible abuses of police power, the experience of the other six G8 countries that criminalize simple possession is testimony that these concerns are invalid. Possession of other contraband is already illegal in Japan; child pornography should not be any different. In addition, preventing the child abuse that is occurring every day is more important than preventing a hypothetical future abuse. The DPJ is committed to protecting children, replied the Diet members, but many DPJ members are fervently opposed to increasing police power. It will be difficult to convince some DPJ members that it is necessary to give extra investigative authority to the police, some of the legislators argued. End Summary. ¶2. One thing that demonstrates the child pornography epidemic is the number of times people have cited the material appearing on the internet, the Ambassador began. In 1998, one U.S. cyber-tipline received 3,267 contacts about child pornography material. That same line received 106,119 contacts in 2004. Although the development of the internet has been a tremendous boon to business and commerce around the world, it has also allowed the explosion of the "dark side of life," allowing deviants to communicate with one another and feel like their behavior is normal. We have to update our laws to meet this explosion, which is why the United States and most of the developed nations of the world have decided to criminalize the possession of child pornography. When there is a market for child pornography, people will exploit more and more children to make money. It is heartbreaking to think that children abused at an early age will have to grow up wondering when they might see their image again on the internet, the Ambassador continued, and it is difficult, if not impossible, for victims to ever fully heal from the experience. ¶3. Sometimes when people talk about crimes of morality, such as prostitution, gambling, or drug abuse, they refer to the crimes as victimless, but child pornography can never be a victimless crime, the Ambassador told the Diet members. By definition, a child cannot give legal consent to engage in this kind of activity - child pornography always begins with a crime. Those who possess it aid and abet those who would abuse our children. "I don't believe that any of us would want something like this to happen to our children," said the Ambassador, "and our consciences demand that we do something about the problem." Some people say that a law like this would be open to police abuse, and lawmakers must be sensitive in that area. No one wants a criminal law to be an instrument of abuse to the population. But those who talk about a possible future abuse forget that children are now abused every day as a result of there being no law. ¶4. The American people know that the United States is not perfect when it comes to child pornography, the Ambassador acknowledged. We must all do something about it, as Americans, as Japanese, as citizens of the world. We all have a future in our children, and a responsibility to protect those children, whatever their nationality. During meetings with the Liberal Democratic Party and with the Komeito, there was the same sense of revulsion about child pornography, and the same desire to do something about it. In the United States, this issue is above partisan politics, said the Ambassador, noting that he hoped it could be the same in Japan: an issue where members of all parties come together to try to do something to protect our children. ¶5. Asked by Councillor Masako Ohkawara how the Ambassador came to write his op-ed on child pornography, the Ambassador told her that it started when the Embassy Legal Attach mentioned the difficulty law enforcement officials and prosecutors had in enforcing child pornography law in Japan. When the op-ed appeared in the paper, there was an immediate response across all parties. "Nothing that I've done has made me prouder to be the representative of the American people than to get the response we did to the article," the Ambassador stated. ¶6. The DPJ is very concerned about police power, said Representative Yoko Komiyama. During the more-than-ten years that she has worked on the issue, the legislation was reviewed several times via a supra-party process, but DPJ lawyer members advocated TOKYO 00000947 002.2 OF 003 strongly against increasing police power. During one such review in 2004, the discussions became "flaming hot," but those who wanted to protect against police abuses outnumbered those who wanted to criminalize simple possession. In addition, some people say that a person who unwillingly received child pornography or possessed just one magazine containing a child pornography image would be unfairly punished if possession were to be criminalized. Komiyama asked if there are any safeguards that can be put in place to prevent these problems. ¶7. The fact that the six G8 countries that have criminalized simple possession are not experiencing police abuse is testimony that people can be protected against unintentional acts, the Ambassador replied. Intent is necessary for a criminal law to be violated. It is not a violation if someone is sent child pornography by accident or mistake. On the other hand, it would be a violation if that person solicited the child pornography on the internet or bought the magazine at the store. In those cases, both elements of the crime are present: the act of buying, and the mental state of intent. When people talk about this concern, they have not thought through what police abuse is, the Ambassador stated. ¶8. "I was one of the people opposed to making simple possession illegal," Councillor Keiko Chiba told the Ambassador. Hopefully the Diet can revise the law to better protect the rights of children, she said, thanking the Ambassador for pointing out that it is possible to prevent police from abusing their power. DPJ members who want to criminalize possession must come up with good responses to the concerns that their colleagues will raise, Chiba noted. Japanese police have a long history of abuse, added Councillor Mieko Kamimoto, including violence, forced confessions, and the conviction of innocent people. Many Japanese people are worried about investing more power in the police. ¶9. In the United States, the rights of children take precedence over the possible abuse of police power, Embassy Tokyo Legal Attach pointed out. Child Pornography is considered to be contraband just like illegal guns or drugs. The same measures are in place to prevent abuses in child pornography cases as there are for other forms of contraband: cases are reviewed by judges, prosecutors, and juries, and intent must always be proved. We also worry about the rights of the individual in the United States, but in practice, police don't go after people with one or two images. They go after those who have hundreds of images, which they catalog and review; it's their hobby or business. One important safeguard is the careful definition of child pornography. Another is the vigorous review of laws, a system which also exists in Japan, the Legal Attach pointed out. ¶10. The possession of other contraband is already prohibited in Japan today, the Ambassador added, and there is no discussion of police abuse of those laws. Why should child pornography be any different? We must be concerned and sensitive from the standpoint of protecting rights, but we also have to be realistic. Children are being abused today. While people are concerned at what might happen if a law is passed, crimes are being committed today because there is no law. The idea that protecting people from police abuse is more important than protecting children is a view that is not shared by many countries. Police already have many chances to abuse their authority. Meanwhile victimized children have to worry that they will see themselves being abused by an adult every time they turn on the internet for the rest of their life. ¶11. During a meeting with the National Police Agency (NPA),police officials said that in practice, Japanese law punishes many types of child pornography crime, said Kamimoto. The NPA reports that they handle more than 100 cases each year, and that a law criminalizing simple possession is not necessary to fight child pornography. Councillor Emiko Uematsu asked if the U.S. side could provide any examples of how U.S.-Japan cooperation has not been successful due to the lack of a child pornography law. ¶12. Every year the Embassy has passed cases to Japanese police, requesting that they open an investigation, replied Embassy Legal Attach. The Embassy enjoys very good cooperation with the police on many issues, but Japanese law enforcement officials always tell the Embassy that without a law banning simple possession, they cannot participate in investigations. The most important goal of TOKYO 00000947 003.2 OF 003 international investigations is to find producers and rescue children. One recent bust involved five countries and 14 U.S. states, and saved 20 children from further abuse. Now that the internet is a part of our life, wherever you live world-wide, child pornography requires international cooperation to address, agreed Uematsu. SIPDIS ¶13. The most important issue is that we start from the position that we are going to protect children, said Representative Masayo Tanabu, committing to galvanize opinions within the party. If the DPJ supports the initiative, it will pass, replied the Ambassador. "That would be a proud day for every political party, a proud day for both Japanese and Americans," he finished. ¶14. The following participants were present: United States: Ambassador J. Thomas Schieffer Political Minister Counselor Mike Meserve Legal Attach Larry Futa ICE Attach Mike Cox Political Officer Scott Hansen Interpreter Fumiko Gregg Japan: ¶C. Keiko Chiba - 4th term; lawyer; Chair of the Project Team to consider revision to the anti-child pornography law; DPJ Administration Committee Chair Rep. Yoko Komiyama - 3rd term in the Lower House, served in the Upper House for one term; DPJ "Next Cabinet" Minister of Education; Deputy Chair of the Project Team to counter illegal and harmful websites ¶C. Mieko Kamimoto - 2nd term; DPJ "Next Cabinet" Minister for State of Children and Gender Equality Rep. Miho Takai - 2nd term; Secretary-General of the Project Team to counter illegal and harmful websites. Rep. Masayo Tanabu - 2nd term; member of LH Special Committee on the Youth and Related Issues ¶C. Masako Okawara - 1st term; served formerly as a Tokyo Prefecture assembly member for ten years ¶C. Hiroe Makiyama - 1st term; received J.D. from Thomas M. Cooley Law School; Passed bar exam in NY and Connecticut states. ¶C. Yumiko Himei - 1st term; judicial solicitor ¶C. Emiko Uematsu; 1st term