GREENPEACE RAISES HUMAN RIGHTS CONCERNS IN CASE OF

UNCLAS SECTION 01 OF 02 TOKYO 000602

SIPDIS
SENSITIVE

STATE FOR OES/OA - MHAYES/LPHELPS, L/OES, AND EAP/J
STATE PASS CEQ
USDOC FOR NOAA/NMFS - RWULFF

E.O. 12958: N/A
TAGS: SENV EFIS IWC PHUM JA
SUBJECT: GREENPEACE RAISES HUMAN RIGHTS CONCERNS IN CASE OF
ARRESTED WHALING ACTIVISTS

REF: 08 TOKYO 1758

Sensitive But Unclassified. Please Handle Appropriately.


1. (SBU) Summary: Greenpeace International representatives
met EMIN and EST Chief March 18 to express concern about the
case of two Greenpeace Japan activists arrested in 2008. The
Greenpeace representatives said the case raises human rights
concerns regarding freedom of expression and claimed the GOJ
is not being forthcoming in defense requests for information
during the pre-trial process. They said Greenpeace would
raise this issue with the Japanese Ambassador in Washington
and asked that the USG express its interest in the case to
the GOJ. They added that the Greenpeace USA executive
director would brief White House officials later this week.
End summary.


2. (SBU) Greenpeace Deputy Program Director Sarah Burton,
Project Leader Rose Young, and attorney Richard Harvey met
EMIN and EST Unit Chief March 18 to discuss the case of two
Greenpeace Japan employees arrested in 2008. The two were
arrested for allegedly taking a package containing whale meat
from a delivery service warehouse during their investigation
of what Greenpeace claims was ongoing corruption within the
GOJ's research whaling program (ref). Burton said the case
of the two Greenpeace activists raises human rights concerns
about the protection of freedom of expression in Japan. In
addition, she said the case highlights the failure of the GOJ
to protect whistleblowers and to investigate thoroughly
misappropriation of public resources by senior public
officials.


3. (SBU) Both Burton and Harvey stated that the right of
freedom of expression is protected under the International
Covenant on Civil and Political Rights (ICCPR) and the
actions of the two activists in exposing official wrongdoing
are instances of freedom of expression. Harvey cited a 1978
case in Yokohama in which a journalist was accused of
breaking the law during an investigation of official
corruption. He said the Japanese Supreme Court decision,
which found that the technical breach of the criminal code by
the journalist was outweighed by the public good of exposing
corruption, was in line with accepted international norms.
In the current Greenpeace case, Harvey said prosecution of
the two activists for exposing the alleged corruption would
have a chilling effect on freedom of expression within Japan.



4. (SBU) Burton provided a copy of a letter Greenpeace will
deliver to Ambassador Fujisaki at the Japanese Embassy in
Washington raising these concerns and asking the GOJ to
protect fundamental human rights and assure a fair hearing
for the two Greenpeace activists. (Note: Post emailed copies
of the letter and other materials to EAP/J and OES/OA.)
Burton said Greenpeace has already briefed the Council for
Environmental Quality, and the Greenpeace USA executive
director would brief the White House on the issue later this
week.


5. (SBU) Regarding the legal proceedings involving the two
activists, Burton said the court would rule on the
admissibility of evidence pertaining to human rights issues
at the next pre-trial hearing March 23. She said the defense
also would like to submit evidence and expert testimony
regarding alleged of corruption in the whale research program
to establish the public interest in the case and ask that the
investigation into corruption be reopened. Young said the
GOJ has not been forthcoming in responding to Greenpeace
requests for information, including heavily redacting
accounting records the defense had requested from whaling
company Kyodo Senpaku and the Institute for Cetacean
Research, the government supported institute that manages
Japan's research whaling. She added Greenpeace expects the
trial to begin by June, after additional pre-trial hearings
in April and May.


TOKYO 00000602 002 OF 002



6. (SBU) Citing the obligation of ICCPR states to ensure
other members states adhere to the Covenant's standards,
Burton and Harvey asked if the USG could express its concern
to the GOJ regarding the case. Harvey said this expression
of interest could take a variety of forms, including asking
to send an observer to the hearing. He said such a request
would send a signal to the GOJ. Burton said Greenpeace has
requested the UN to investigate the case, and provided a copy
of a letter from the UK Ambassador to Japan to Greenpeace
indicating interest in the case, but noting the UK could not
get involved in a criminal investigation in Japan.
ZUMWALT