Status Of Forces Agreement Us Japan

7. Claims arising from the unauthorized use of a U.S. Armed Forces vehicle are dealt with in accordance with paragraph 6 of this article, unless the United States armed forces are legally liable. 1. Within facilities and territories, the United States can take all necessary measures to install, operate, protect and control. In order to enable the United States armed forces to access, assist, protect and control the facilities and areas, the Japanese government, at the request of the United States Armed Forces and at the request of both governments, is taking the necessary measures through the Joint Committee under existing legislation on the land. , waters and airspace adjacent to land borders. , or in the environments of the facili-ties and zones. The United States can also take the necessary steps to do so when consulting between the two governments through the joint committee.

9. (a) The United States does not grant immunity to members or employees of the United States armed forces from the jurisdiction of the Courts of Japan with respect to Japan`s civil jurisdiction, unless provided for in paragraph 5, point f), of this article. 5. Claims (excluding claims and contractual claims to which the provisions of paragraphs 6 or 7 of this article apply) of acts or omissions committed by members or employees of the United States Armed Forces who, in carrying out their official duties or other act, omission or other act for which the United States Armed Forces are legally responsible , cause damage to third parties in Japan and cause harm to third parties in Japan. The United States Armed Forces, in cooperation with the Japanese authorities, are taking the necessary steps to prevent the misuse of privileges granted to the United States armed forces, members of those forces, the civilian component and their relatives under this article. In addition, certain features of the agreement create areas of perceived privilege for U.S. service members. For example, because SOFA excludes most U.S. military personnel from Japanese visa and passport laws, incidents have occurred in the past where U.S. military personnel were returned to the United States before being charged in Japanese courts. In addition, the agreement requires that U.S.

authorities, when a U.S. service provider is suspected of a crime but are not captured by Japanese authorities off a base, must remain in custody until the service member is formally charged by the Japanese. [2] Although the agreement also requires U.S. cooperation with Japanese authorities in investigations,[3] Japanese authorities have often denounced the fact that they still do not have regular access to questions or interrogations of U.S. service providers, making it more difficult for Japanese prosecutors to prepare cases for indictment. [4] This situation is compounded by the singularity of the Japanese pre-charge hearings, which focus on access to confessions as a precondition for prosecution, often without a lawyer[6] and can last up to 23 days. [7] Given the difference between this interrogation system and the system in the United States, the United States,

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