@Tony76513217@usembassytokyo An analogy requires a relevant legal connection. Your business dispute proves nothing about pre-indictment custody under SOFA Article 17(5)(c). You’ve cited no legal basis. Your replies are wasting my time. If you respond again without proper legal grounds, I’ll block you.
@Tony76513217@usembassytokyo Consider Brazell v. Uddenberg (2023). Japan had primary jurisdiction over a child sexual abuse case and had not waived it, yet a U.S. court upheld the military court’s jurisdiction. The SOFA dispute was deemed a diplomatic matter. This is why jurisdiction and custody matter.
@Tony76513217@usembassytokyo (c) The custody of an accused member of the United States armed forces or the civilian component over whom Japan is to exercise jurisdiction shall, if he is in the hands of the United States, remain with the United States until he is charged by Japan.
@Tony76513217@usembassytokyo You’re missing my point. SOFA Article 17(5)(c) lets the U.S. retain custody until indictment. Even for serious crimes, the 1995 agreement only calls for favorable consideration of early transfer. I’m discussing pre-indictment custody, not trials or prisons. Don’t confuse them.