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  9. Arrest and Detention

Arrest and Detention

If you are arrested or detained in Japan, it is advised that you take the following steps:

  1. Remain silent until you have a lawyer/interpreter
  2. Hire a lawyer or request for a court-appointed lawyer
  3. Notify the Philippine Embassy
  4. Request an interpreter if you don’t speak Japanese

Anyone accused can be held for a maximum of 23 days in police detention before being charged, rearrested, or released. The police are allowed to begin their initial questioning before you see a lawyer.

You should clearly inform the arresting authorities that you want them to immediately notify the Philippine Embassy/Consulate General of your arrest. The police are not required to inform the Embassy of your detention or arrest unless you specifically ask them to do so.

If a Filipino citizen is arrested or detained abroad, the Embassy can:

  • contact your family and/or friends with your permission;
  • help to ensure that officials are providing you appropriate medical care;
  • inform you of local resources available to detainees;
  • request that officials permit you visits;
  • visit you and provide reading materials, personal items, and others that are appropriate and permitted; and
  • help facilitate family and friends in sending you money.

The Embassy cannot:

  • get you out of jail;
  • post bail, or pay fines;
  • state to a court that you are guilty or innocent;
  • provide you with legal advice or represent you in court;
  • serve as your official interpreters or translators;
  • pay your legal, medical, or other fees;
  • try to obtain preferential treatment for you or exempt you from the due process of local law; and
  • intervene in ongoing legal proceedings in Japan.

The procedures required in legal proceedings or police investigations may be different from the procedures in the legal system in the Philippines.

If your international human rights are known to have been violated, the Philippine Government may take steps to remind the foreign authorities of your international human rights and provide you basic minimum standards of protection.