The Danish Ministry of Justice has decided not to fulfil the request by the authorities of Japan for the extradition of Paul Watson, the 74-year-old American-Canadian anti-whaling campaigner detained earlier this year over criminal charges dating back a decade.

The decision not to extradite Watson for the purpose of criminal prosecution in Japan has been based, says the Danish authority, on an “overall assessment of the case” highlighting that “there is no extradition treaty with Japan.”

On July 30th this year, the authorities of Japan made a request for extradition of Watson – captain of the anti-whaling outfit, the Sea Shepherd and the Captain Paul Watson Foundation – to face charges for two offences committed against a Japanese ship in Antarctica in February 2010.

The request – according to the Danish Ministry of Justice – has been processed in accordance with the Greenlandic Extradition Act, which specifies that a number of conditions must be met by Japan, including certainty on the custodial sentence Watson would be sentenced with.

Having been unable to provide that certainly, talks with Japan have now concluded and both the Danish Director of Public Prosecutions and Greenland Police have reviewed the case.

“Today, the Danish Ministry of Justice has decided not to fulfil the request by the authorities of Japan for the extradition of Paul Watson,” said the Minister of Justice, Peter Hummelgaard. 

“In light of the total amount of time that Paul Watson would be expected to be detained until a possible decision on extradition could be implemented, and taking into account the nature and age of the offences, it has been of particular importance for the Danish Ministry of Justice to ensure that the time Paul Watson has been detained in Greenland will be fully deducted from a potential custodial sentence in connection with the criminal case in Japan.”

Japan had issued an international warrant for Watson’s arrest, seeking him on charges of breaking into a Japanese vessel in the Antarctic Ocean in 2010, obstructing its business, and causing injury as well as property damage.

Watson has denied the allegations while supporters had launched a campaign for his release, enlisting the support of well known names and politicians, including French President Emmanuel Macron, Brigitte Bardot and Pierce Brosnan. In the weeks since his arrest in Nuuk, Greenland, fears were mounting over what an extradition to Japan could mean for Watson.

Watson’s lawyers raised concerns that under Japan’s justice system, the activist would not be facing a fair trial calling upon the Danish government to deny the request for extradition.

Talking to the BBC, Watson’s lawyer, Julie Stage, has said that the anti-whaling campaigner is “obviously relieved” to now be freed from Danish custody and is “looking forward to reuniting with his wife and children.”

As Greenland is an autonomous territory of Denmark, the decision on the extradition was made in Copenhagen. Although Japan and Denmark have no extradition treaty, the government in Tokyo had asked Denmark to hand Watson over.

However, In light of both the nature of Watson’s offences and the degree of uncertainty around custodial sentencing in Japan, the request has now been denied.

Upon his release, Watson told the AFP news agency that his time in prison had brought attention to “illegal” Japanese whaling and had been “an extension” of his campaign. At a previous custodial hearing, Watson – referencing the reality TV show Whale Wars in which he starred – told the court that the case was “about revenge for a televised show that extremely embarrassed Japan in the eyes of the world.”

Japan meanwhile withdrew from the International Whaling Commission and resumed commercial whaling in 2019 following a 30-year hiatus – although it did, during that time, continue whaling for what it called ‘research purposes.’

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