By Jason Conley
Article Word Count: 615 [View Summary] Comments (0)
A Status of Forces Agreement (SOFA) is an agreement between the United States and a country where U.S. military personnel are stationed. The SOFA with Japan was signed in 1960 and is formally known as "Agreement Under Article VI of the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, Regarding Facilities and Areas and the Status of United States Armed Forces in Japan"
The SOFA explains in great detail how every situation concerning members of the armed forces, civilian equivalents and their dependents will be handled. The fact that the agreement has remained unchanged since 1960 shows the amount of thought that went into the original agreement. There are however people in both countries who feel there should be changes. The people most unhappy with the current situation are Japanese living in Okinawa, where there have been several incidents regarding American service members in recent years.
The part of the SOFA most important to services members PCSing to Japan is Article XVII. This Article details who has jurisdiction when a crime is committed by a service member in Japan. Of particular importance is paragraph 3.
Briefly, Article XVII Paragraph 3 says that if you, as a service member, commit a crime against another service member, the U.S. has jurisdiction. The U.S. also has jurisdiction if you commit a crime during the performance of your duties. In all other cases, Japan has jurisdiction.
If you are accused of a crime in Japan and are currently in U.S. custody, the agreement says that you will remain in U.S. custody until you are charged with the crime. However, once you are charged, do not expect any assistance from the military or the U.S. Government.
Although the SOFA says a defendant is "to have legal representation of his own choice for his defense or to have free or assisted legal representation under the conditions prevailing for the time being in Japan;" a 2001 case shows the Japanese courts do not always follow this. In that case, the defendant requested an American lawyer be allowed to join his defense team. The court rejected his request without explanation.
That same paragraph agrees that a defendant "if he considers it necessary, to have the services of a competent interpreter," but this stipulation only applies once you have been charged. If you are being questioned, you have no right to an interpreter and neither government is likely to provide one. I personally know of a case in which someone was questioned concerning an accident in which he was accused of reckless driving resulting in injury. He was questioned by the Japanese in a Japanese police station. The extent of the advice provided by the base's legal office was "Don't sign anything in Japanese." He was specifically told that the military would not provide an interpreter. During questioning, he was told that the charges would be dismissed, but he had to sign some paperwork, in Japanese. He had little choice but to sign. His case turned out alright, but it was not because he was assisted by the military.
As you head off on your PCS to Japan, keep in mind that just because you are an American and a member of the United States Military, you do not have special protection. You are still subject to Japanese law, and you will be held accountable if you break those laws. Take the time to become familiar with the laws and customs of Japan, and try to learn to speak Japanese either before you PCS, or while you are stationed in Japan. You can have a wonderful time, just stay out of trouble.
The SOFA explains in great detail how every situation concerning members of the armed forces, civilian equivalents and their dependents will be handled. The fact that the agreement has remained unchanged since 1960 shows the amount of thought that went into the original agreement. There are however people in both countries who feel there should be changes. The people most unhappy with the current situation are Japanese living in Okinawa, where there have been several incidents regarding American service members in recent years.
The part of the SOFA most important to services members PCSing to Japan is Article XVII. This Article details who has jurisdiction when a crime is committed by a service member in Japan. Of particular importance is paragraph 3.
Briefly, Article XVII Paragraph 3 says that if you, as a service member, commit a crime against another service member, the U.S. has jurisdiction. The U.S. also has jurisdiction if you commit a crime during the performance of your duties. In all other cases, Japan has jurisdiction.
If you are accused of a crime in Japan and are currently in U.S. custody, the agreement says that you will remain in U.S. custody until you are charged with the crime. However, once you are charged, do not expect any assistance from the military or the U.S. Government.
Although the SOFA says a defendant is "to have legal representation of his own choice for his defense or to have free or assisted legal representation under the conditions prevailing for the time being in Japan;" a 2001 case shows the Japanese courts do not always follow this. In that case, the defendant requested an American lawyer be allowed to join his defense team. The court rejected his request without explanation.
That same paragraph agrees that a defendant "if he considers it necessary, to have the services of a competent interpreter," but this stipulation only applies once you have been charged. If you are being questioned, you have no right to an interpreter and neither government is likely to provide one. I personally know of a case in which someone was questioned concerning an accident in which he was accused of reckless driving resulting in injury. He was questioned by the Japanese in a Japanese police station. The extent of the advice provided by the base's legal office was "Don't sign anything in Japanese." He was specifically told that the military would not provide an interpreter. During questioning, he was told that the charges would be dismissed, but he had to sign some paperwork, in Japanese. He had little choice but to sign. His case turned out alright, but it was not because he was assisted by the military.
As you head off on your PCS to Japan, keep in mind that just because you are an American and a member of the United States Military, you do not have special protection. You are still subject to Japanese law, and you will be held accountable if you break those laws. Take the time to become familiar with the laws and customs of Japan, and try to learn to speak Japanese either before you PCS, or while you are stationed in Japan. You can have a wonderful time, just stay out of trouble.
