Euro-MP in Japan in fair trial quest

Liberal Democrat member of the European Parliament Baroness Sarah Ludford is in Tokyo with a lawyer from Fair Trials Abroad to raise with the Japanese authorities and press the need for fair treatment for Nick Baker, a British man who faces a long prison sentence for drug smuggling.

Verdict and sentence - which could be 15 years - are due on June 12th. Baroness Ludford and FTA lawyer Sabine Zanker hope to visit Nick Baker in Chiba prison on Tuesday and will hold a press conference at the Foreign Correspondents' Club of Japan on Wednesday, May 28th.

Sarah Ludford says:

"Prime Minister Tony Blair claimed a moral mission to liberate Iraqi, Afghan and Kosovar citizens from human rights abuses. I call on him to have the same conviction about liberating this British citizen from abuse of his human rights by an unfair trial and shocking prison conditions."

Nick Baker went to Japan for the World Cup in April 2002. Customs found ecstasy and cocaine in the bag he was carrying, which Nick protests was the result of being duped by a travelling companion. But the Japanese court - due to pass judgement and a sentence up to 15 years on June 12th - refused to call evidence from Belgium where the other man is due to stand trial after a similar trick."

She adds:

"Nick has been denied a fair trial through the non-production of evidence strongly in his favour. It is a betrayal for our government to say they cannot interfere because they must respect Japanese sovereignty. If fundamental rights are only upheld selectively, the Prime Minister's morality is hollow."

Letters to the Prime Minister follow.

The Rt Hon Tony Blair MP

Prime Minister's Office

10 Downing Street

London

SW1A 2AA

23 May 2003

Dear Prime Minister,

RE NICHOLAS BAKER - DRUGS TRIAL IN JAPAN

I am writing in follow-up to my previous letter of May 16th (copy attached). I have since reflected that the approach you took in justifying the invasion of Iraq (partially) on the grounds that Iraqis should be liberated from human rights abuses ought also to be followed in regard to Nicholas Baker.

He risks being the victim of a very serious miscarriage of justice due to the refusal of the court in Chiba, Japan, to allow his defence to adduce evidence from Belgium which would attest to the credibility of his story that he was duped by his travelling companion. Foreign Office officials and ministers have made very considerable efforts to make the Japanese authorities aware of the situation. However, they feel constrained by the conventions of international diplomacy which dictate that there should be no interference in the sovereignty of a state as concerns the operation of its justice system.

The notion that sovereignty should be a bar to intervention to correct abuses of fundamental rights has been challenged and indeed overturned in Kosovo, Afghanistan and Iraq, in all cases very much under your leadership. I believe it is therefore anomalous to respect in a formal way the sovereignty of a country when the human rights abuses consist of denial of a fair trial for a British citizen. It would seem illogical to liberate the citizens of foreign countries from oppression by citing international law while failing to liberate a British citizen while citing diplomatic conventions.

I am aware also that Mrs Baker finds it offensive that normal flows of political and commercial contact with Japan should continue as normal while her son faces 15 years in prison for a crime that relevant evidence will show he did not commit. She believes that her government should be able to defend her son from injustice and that if it cannot, then there should be some protest conveyed to the Japanese government and not "business as usual". I am in considerable sympathy with her views.

It has been reported that you have expressed concern about the Britons who were convicted and have been in prison in Saudi Arabia. I also recall that you made a public appeal in Japan for evidence in the case of Lucie Blackman. I therefore feel able to ask that you do get involved and avert the tragedy of an unfair conviction and a possible 15 years in jail that will befall Nick Baker on June 12th unless the court requests from Belgium the evidence which the defence wishes to adduce.

I very much hope that you can persuade your counterpart, the Japanese Prime Minister, of the seriousness of this case and the great damage it would do to the reputation of Japan in the eyes of the British Government and people if this miscarriage of justice is simply allowed to stand.

Yours sincerely

Baroness Sarah Ludford MEP

Liberal Democrat MEP for London

Enc Copy of letter 16 May 2003

The Rt Hon Tony Blair MP

Prime Minister's Office

10 Downing Street,

London

SW1A 2AA

16 May 2003

Dear Prime Minister,

Nicholas Baker detained in Japanese prison

For over a year Nicholas Baker has been held in a Japanese prison on charges of drug smuggling after his arrest in April 2002. For over ten months of that period he has been held in solitary confinement, during which his health and mental state seriously deteriorated. Not only does Mr Baker vehemently protest his innocence, but evidence proving that fact has in effect been ignored by the Japanese Judicial System.

There is overwhelming evidence to confirm Mr Baker's innocence and that he was tricked by his companion Mr X into carrying the drugs through customs. Mr X is known for persuading innocent and naive people into carrying drugs without their knowledge and was wanted for similar offences when the Belgium judicial authorities arrested him in May 2002. The Belgian Courts are willing to supply the information they have on his activities, but only on the basis of an official request from the Japanese. Such a request has not been forthcoming.

As I am sure you are aware, under Japanese law a sentence is recommended by the prosecution before the court gives judgement. In Nick's case the recommendation is for 15 years imprisonment and a fine of five million yen. I believe judgement is due to be given on 12th June. Mr Baker is already severely depressed after being for so long in solitary confinement in a country whose language he does not understand and for a crime he protests he is not guilty of. I am understandably concerned that we should do all we can to prevent the perpetuation of this injustice in light of the evidence available.

I have been in contact with The Foreign Office and the Japanese Ambassador to the European Union who have tried to help Mr Baker as far as they can. There has also been increasing coverage of the case in the Japanese press. Obviously I am encouraging the media to get involved both in Japan and domestically in order to increase awareness of Mr Baker's predicament.

As I have already mentioned, the Belgian authorities are prepared to cooperate with the Japanese judicial authorities if an official request for information is forthcoming. I would ask you to use your influence in international affairs to raise the matter with the Japanese government and get assurances that all the relevant evidence will be considered before judgement is given. Please let me know whether it would be possible for you to do so.

Thank you in advance for your help and I look forward to hearing from you soon.

Yours sincerely

Baroness Sarah Ludford MEP