Recently the Yomiuri News reported the following:
"It becomes a precedent of misinterpretation by the criminal justice administration if it doesn't prosecute although the suspicion has been confirmed. "
This was said by a police who had long experience in investigating foreigners when he talked about the release of captain (41) Senkiyuu. This time a foreigner was arrested and sent to the prosecutors office, but was released before prosecution on consideration of diplomacy, this was extremely exceptional. To the Haha District Police Public Prosecutors Office, the captain was assumed to have negated the suspected crime of obstructing the performance of official duty to search. Although "Naha District Public Prosecutors office is continuing the voluntary investigation", further questioning became impossible, and the investigation in fact had to be concluded because of the release at this moment, and the home returning.
In March, 2004, seven Chinese activists unlawfully landed on Senkaku Islands and Uotsuri Island (Okinawa Prefecture Stone Wall City), and these seven people were deported by the Okinawa prefecture police who arrested them for violating the immigration laws, before sending them to the prosecutors office. The transfer from the police to Immigration Bureau was possible only when "There is no suspicion that other crime was committed" under Article 65 of the same law, and it was to be applied in exceptional cases. The investigation executives responded by saying that "Grounds of release were clear" though there were criticism that "It was improper to have repatriated him without properly carrying out the investigation".
In the present incident the coast guard carried out investigation at captain Senkiyuu on the suspicion that there were unlawful fishery done in Japanese territorial waters. In Japan, there were comments such as that there was no thoroughness in the investigation, and that the decision to release was based on unclear grounds, on those basis the case could not avoid being seen as "Extra-legal measure".
It seems that from the viewpoint of the Japanese government, under the existing laws, all that could be done has been done.