A British court has ruled that two men accused of stealing £679,000 worth of jewelry from a Tokyo store in 2015 can be extradited to Japan, despite concerns over prison conditions in the country.
Background
Kaine Wright, 28, and Joe Chappell, 38, are accused of stealing items worth £679,000 (¥106m) from a Harry Winston store in Tokyo on November 20th or 21st in 2015. The alleged theft occurred when the men posed as customers. Japanese authorities have been seeking their extradition ever since.
However, there is no extradition treaty between the UK and Japan. An initial request was rejected before being overturned by the High Court following an appeal lodged by the Japanese government.
Concerns Raised
Wright and Chappell raised concerns about prison conditions in Japan during their trial at Westminster Magistrates’ Court. They argued that conditions were:
- Arbitrary
- Excessive
- In breach of international standards
Judge Nicholas Goldspring reviewed their case and found sufficient evidence to support charges against them at first glance—known as a prima facie case—that would allow their extradition to proceed without breaching their human rights under Article Three of The European Convention on Human Rights.
Article Three Overview
Article Three prohibits torture or other forms of cruel treatment or punishment. Wright’s lawyer argued that solitary confinement lasting up to six months with limited access to exercise facilities or fresh air outside cells could potentially cause psychological harm if prolonged beyond six months.
However, Judge Goldspring concluded these measures did not amount to torture because they do not involve physical pain or suffering. He stated:
"I am satisfied that even though certain aspects may be more severe than what we experience here, it does not mean I find it incompatible with Article Three."
The judge acknowledged that some aspects of life inside Japanese prisons may be harsher than those experienced in the UK but stated he was satisfied they did not breach Article Three. He noted:
"It seems clear from reading all these documents submitted by both sides…that there is indeed something very wrong going on inside our partner country’s justice system."
Next Steps
The ruling means Wright and Chappell will now face trial for allegedly stealing items including:
- A diamond necklace worth ¥25m (£170k)
- Gold earrings valued at ¥1m (£6k)
- A gold ring worth ¥2m (£13k)
- Several watches
The pair are expected to appeal against Judge Goldspring’s decision. In response to news of his ruling, Judge Goldspring stated:
“This judgment does not make any findings about whether Kaine Wright committed this crime; nor does it make any findings about whether Joe Chappell committed this crime. It simply says there is enough evidence for them both to go forward so far as criminal proceedings are concerned.”
Wright’s lawyer expressed intentions to challenge his client’s extradition, stating it’s “absolutely right” to fight against being sent back. Chappell’s lawyer also expressed concern, saying:
“There must be an investigation into what happens behind closed doors,” adding “the public needs answers.”
Human Rights Concerns
Their lawyers plan to challenge Judge Goldspring’s decision based on human rights grounds, arguing that solitary confinement could breach Article Three. They also contend that prisoners can face up to five years’ imprisonment without parole, which breaches international standards set out by Amnesty International.
Amnesty International has previously highlighted issues with solitary confinement within Japanese prisons, stating that prisoners can spend up to six months locked away alone with limited access outside cells. In its report last year, Amnesty noted that prisoners who have spent time alone reported experiencing hallucinations, while others described feeling like they were losing touch with reality.
Japan has consistently denied allegations that its justice system breaches human rights.
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