日政府超越法律釋放詹其雄?

Recently the Yomiuri News reported the following:

"容疑が明確なのに起訴しないと、刑事司法がゆがめられた前例となってしまう"。
　外国人捜査の経験が長い警察幹部は、●其雄(せんきゆう)船長（４１）の釈放について、そう述べた。（●は「擔」のつくりの部分）
　今回のように逮捕、送検された外国人が、外交上の配慮で起訴前に釈放されるのは極めて異例だ。●船長は那覇地検の調べに公務執行妨害容疑を否認しているとされる。那覇地検は「任意捜査を継続している」とするが、このまま釈放、帰国となれば、事情聴取は不可能となり、捜査は事実上、終結することになる。
　２００４年３月、中国の活動家７人が尖閣諸島・魚釣島（沖縄県石垣市）に不法上陸し、沖縄県警が入管難民法違反で現行犯逮捕した事件では、７人は送検前に強制退去処分となった。同法６５条の「他に罪を犯した嫌疑のない時」に限ってできる警察から入管への引き渡しを特例適用した。「捜査を尽くさずに送還したのは不適切」との批判は出たが、捜査幹部は「釈放の根拠は明確だった」と振り返る。
　今回の事件で海保は、●船長について、日本領海で不法に漁業を行った容疑でも調べを進めていた。捜査を徹底せず、不明確な根拠のままで釈放を決めたことに、日本側の“超法規的措置”との指摘は免れない。

"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.