Lawyers for American father and son Michael and Peter Taylor, who are wanted in Japan in connection with former Nissan Director Carlos Ghosn’s escape from Japanese custody on 30 December 2019, have argued that they cannot be extradited as the crime for which they were arrested, that of aiding a “bail jumping”, does not exist in Japan.
The warrants, issued by the Japanese authorities, state that the crime for which the pair are sought is an immigration offence, which the Taylors’ lawyers contend is a non-extraditable misdemeanour. US prosecutors have labelled these arguments as “a flawed interpretation of Japanese law and a mischaracterisation of the facts” and said it would be “unprecedented” for a provisional arrest warrant to be quashed at this stage based on the requested person’s interpretation of the requesting state’s law that is contrary to the interpretation of the requesting state’s officials. Japanese officials have since confirmed that the pair are also charged with harbouring a criminal; an extraditable offence under the US-Japan Treaty.
US prosecutors argued that the Taylors should be remanded in custody due to the risk of absconding. Japan has 45 days from the date of arrest (20 May 2020) to make a formal extradition request.