240
D. Tamada
proceedings were instituted against its owner and, thereafter, a criminal case was
also instituted by the investigation authority.
96
Japan requested the release of the Hoshinmaru on 7 June 2007.
97 On 13 July,
Russia set the bond at 25 million roubles, which was reduced to 22 million roubles
during the proceedings.
98 The issue was that the bond was set by Russia on 13 July
2007; seven days after the application of Japan was filed and more than five weeks
after the vessel was detained.
99
On 6 July 2007, Japan, under Article 292 of UNCLOS, filed an Application to
ITLOS concerning the release of the Hoshinmaru and its crew. After the submission
of the Application, the procedure rapidly resulted in oral pleadings, held on 19, 20,
and 23 July 2007. As the Judgement was rendered on 6 August 2007, the prompt
release procedure was taken within a month from detention—a much shorter period
of time than the provisional measures procedure.
12.5.2 Position of Japan
First, after the initiation of the procedure, Japan made public the following
statement:
100
1. Japanese fishing vessels, the 88th Hoshinmaru and the 53rd Tomimaru, were arrested
by the Russian authorities in early June and early November last year respectively off
the Kamchatka Peninsula in Russia’s 200 nautical-mile zone, and these vessels and the
crew of the Hoshinmaru have not been released to date.
2. The UNCLOS stipulates the obligation to release promptly “arrested vessels and their
crew upon the posting of reasonable bond or other security” when the arrests occurred
in the exclusive economic zone. On July 6, the Government of Japan submitted [to the
ITLOS] Applications for the cases of the Hoshinmaru and the Tomimaru, to urge the
Russian Federation to fulfill its obligation under international law.
3. It is expected that this application will restrain the recent tendency that the detention of
Japanese fishing vessels [is] prolonged and will be effective in preventing a recurrence.
4. The Applications to the Tribunal are aimed at urging implementation of the procedures
to promptly release the arrested fishing vessels and their crew upon the posting of reasonable bond or other security, and are not intended to question the Russian authorities’
measures against illegal operations or the arrests of the vessels themselves. To prevent
the recurrence of arrests of Japanese fishing vessels, it is important above all to ensure
that they are not engaged in illegal fishing. On this point, the Government of Japan
96 Judgment of 6 August 2007, para. 40. Article 256(1)(a) and (b) of the Criminal Code of the
Russian Federation were applied. Ibid., para. 45.
97 Japan requested the release upon the posting of a reasonable bond in accordance with Article
73(2) of UNCLOS. Judgment of 6 August 2007, para. 47.
98 Judgment of 6 August 2007, paras. 50–51.
99 Judgment of 6 August 2007, para. 73.
100 Japan Filed Applications at the International Tribunal for the Law of the Sea (ITLOS) for the
Arrested Japanese Fishing Vessels (July 10, 2007), available at https://www.mofa.go.jp/announce/
announce/2007/7/1174455_830.html.
D. Tamada
proceedings were instituted against its owner and, thereafter, a criminal case was
also instituted by the investigation authority.
96
Japan requested the release of the Hoshinmaru on 7 June 2007.
97 On 13 July,
Russia set the bond at 25 million roubles, which was reduced to 22 million roubles
during the proceedings.
98 The issue was that the bond was set by Russia on 13 July
2007; seven days after the application of Japan was filed and more than five weeks
after the vessel was detained.
99
On 6 July 2007, Japan, under Article 292 of UNCLOS, filed an Application to
ITLOS concerning the release of the Hoshinmaru and its crew. After the submission
of the Application, the procedure rapidly resulted in oral pleadings, held on 19, 20,
and 23 July 2007. As the Judgement was rendered on 6 August 2007, the prompt
release procedure was taken within a month from detention—a much shorter period
of time than the provisional measures procedure.
12.5.2 Position of Japan
First, after the initiation of the procedure, Japan made public the following
statement:
100
1. Japanese fishing vessels, the 88th Hoshinmaru and the 53rd Tomimaru, were arrested
by the Russian authorities in early June and early November last year respectively off
the Kamchatka Peninsula in Russia’s 200 nautical-mile zone, and these vessels and the
crew of the Hoshinmaru have not been released to date.
2. The UNCLOS stipulates the obligation to release promptly “arrested vessels and their
crew upon the posting of reasonable bond or other security” when the arrests occurred
in the exclusive economic zone. On July 6, the Government of Japan submitted [to the
ITLOS] Applications for the cases of the Hoshinmaru and the Tomimaru, to urge the
Russian Federation to fulfill its obligation under international law.
3. It is expected that this application will restrain the recent tendency that the detention of
Japanese fishing vessels [is] prolonged and will be effective in preventing a recurrence.
4. The Applications to the Tribunal are aimed at urging implementation of the procedures
to promptly release the arrested fishing vessels and their crew upon the posting of reasonable bond or other security, and are not intended to question the Russian authorities’
measures against illegal operations or the arrests of the vessels themselves. To prevent
the recurrence of arrests of Japanese fishing vessels, it is important above all to ensure
that they are not engaged in illegal fishing. On this point, the Government of Japan
96 Judgment of 6 August 2007, para. 40. Article 256(1)(a) and (b) of the Criminal Code of the
Russian Federation were applied. Ibid., para. 45.
97 Japan requested the release upon the posting of a reasonable bond in accordance with Article
73(2) of UNCLOS. Judgment of 6 August 2007, para. 47.
98 Judgment of 6 August 2007, paras. 50–51.
99 Judgment of 6 August 2007, para. 73.
100 Japan Filed Applications at the International Tribunal for the Law of the Sea (ITLOS) for the
Arrested Japanese Fishing Vessels (July 10, 2007), available at https://www.mofa.go.jp/announce/
announce/2007/7/1174455_830.html.