A criminal trial in Kanagawa Prefecture revealed the U.S. military’s policy of quickly transferring personnel back to the United States if they receive suspended sentences for crimes committed in host countries.

Experts criticized this practice, saying it “effectively releases criminals without any punishment” and undermines the intent of suspended sentencing.

They also say the repatriation practice makes it more difficult for crime victims to seek compensation.

In the trial at the Yokosuka branch of the Yokohama District Court in May, a 22-year-old U.S. Navy sailor was charged with negligent driving causing death.

In September last year, the defendant, stationed at the Yokosuka Naval Base, made an illegal right turn at an intersection in Yokosuka and collided with a motorcycle driven by Tsubasa Ito, a 22-year-old corporate worker.

Ito was killed in the accident.

During the trial, the chief legal officer of the U.S. Navy stationed in Japan submitted a letter to the judge as evidence of mitigating circumstances.

“It is U.S. policy that expeditious consideration will be given to transferring an accused from the host country to CONUS (contiguous United States) if a suspended sentence to confinement is rendered and the conviction has become final under the host country’s law,” the letter said.

It continued, “The potential for lengthy confinement for the member if arrested again makes this action appropriate.”

The court found the U.S. serviceman didn’t understand the traffic sign and failed to exercise necessary caution for the road conditions.

The ruling emphasized that “the negligence was serious and dangerous.”

However, considering that the defendant admitted to the charges and other factors, the court suspended his 18-month prison sentence for four years.

Neither the defendant nor the prosecutors appealed, and the verdict was finalized.

‘THREAT TO JUDICIAL INDEPENDENCE’

The victim’s mother, 56, is dissatisfied with the outcome.

The court said one reason for giving the suspended sentence was that the defendant had “sincerely apologized.”

However, the mother disagrees with this perception.

Although the sailor said at the court that he wanted to work and pay money to the bereaved family to atone for his crime, there has been no contact from him since the verdict.

Suspended sentences are intended to promote rehabilitation of convicted individuals while they remain in society. But if they commit another crime during the suspension period, they must serve the prison sentence on top of other punishments imposed for the additional crimes.

Tsubasa Ito’s mother said that if the convicted sailor returns to the United States, it would be impossible for her to know if he has committed another crime.

“It is possible that he won’t be given a proper chance to reflect. He may forget my son’s death,” the mother said.

The U.S. legal officer’s letter submitted to the judge also noted that the defendant attended both the wake and the funeral of the victim and offered condolence money.

The mother, however, questioned the motive.

“Was attending the ceremonies just a strategy to gain favor with the court? If so, that’s unforgivable. He didn’t appear to truly regret his actions, but was the judge moved by him?” she said.

Lawyer Masahiko Goto, who attended the trial under Japan’s victim participation system, shared the mother’s feelings that the letter sent to the judge affected the ruling.

“I thought the U.S. military as an organization was putting pressure on the judge. It was a threat to the independence of the judiciary,” he said.

Goto said they have not obtained contact information for the U.S. serviceman despite asking the U.S. military for details after the ruling.

They are now considering filing a lawsuit to seek compensation, but procedural obstacles remain, such as finding out where to send the complaint.

Even more obstacles are expected in the effort to win the case and enforce payment.

“Allowing the serviceman who hasn’t yet compensated for his actions to return to his home country is unacceptable,” Goto said.

The Asahi Shimbun asked U.S. Naval Forces Japan about the whereabouts of the serviceman and the intention of the letter sent to the judge

It only replied, “The sailor was transferred this summer to the United States.”

IMPOSSIBLE TO MONITOR

Tsutomu Arakaki, a lawyer who has worked on cases involving U.S. military personnel in Okinawa Prefecture, criticized the U.S. policy.

“I’ve seen many cases where U.S. servicemembers who were given suspended sentences returned to the United States, but this is the first time I’ve heard that this is U.S. policy,” he said.

He noted the impossibility of Japanese authorities monitoring or supervising convicted personnel after they return to the United States.

“That is effectively an acquittal, which hollows out the suspended sentence system,” he said. “That also imposes a further burden on victims in the process of seeking compensation. This practice must be reconsidered.”

According to Japan’s defense ministry, there are U.S. military facilities in Tokyo and 12 prefectures across the country, including Okinawa, Kanagawa, Aomori and Yamaguchi.