With smiles on their faces, and no doubt with a hidden chuckle, one senior Immigration / Border Police Officer immediately called the Economic Crime Police in the nearest city of Como, Italy, whom eagerly travelled to Chiasso without any hesitation, arriving approximately 1 hour later after preparing themselves and travelling approximately 42 kilometres. Meanwhile the Japanese men were detained and the train was allowed to continue its journey.
Now, both Yamaguchi and Watanabe had acquired a new name label, which was “the accused” or “suspects”.
Although the accused Japanese men, Yamaguchi and Watanabe were carrying Diplomatic Passports they did not appear to know about the protection they held under Diplomatic protocols or the fact that with the one telephone call they are legally allowed to make, they should have made contact with the Japanese Embassy in Rome and explained the situation to a diplomatic affairs officer. In return the Embassy would have immediately sought the release of the two Japanese men and all their possessions. Not that the Italian Economic Crime Police or the Immigration Police would have taken much notice of unless such instructions came from the Chief of Police who should, under normal protocols, have received a telephone call or facsimile from the Ministry of Foreign Affairs.
Irrespective of the latter, immigration do have access to the United Nations List for Diplomats all over the world, so an initial search of this computerised list would have informed the Immigration police as to whether Yamaguchi and Watanabe were genuine Diplomats, or whether the Diplomatic Passports were fake and invalid. No initial records exist of any police investigations through the United Nations Diplomatic List were ever made, nor, was there any record of intervention by the Chief of Police or Ministry of Foreign Affairs, whereby serious questions should be raised, and should have been raised as to why the accused Japanese men were in possession of suspect Diplomatic Passports and why they did not call their Embassy.
Yet another conundrum at the Chiasso Border Point that Yamaguchi and Watanabe had found themselves in.
The Passport issue was later revealed within the police reports submitted to the courts, that the accused Japanese men were in fact travelling on normal passports and that the Diplomatic Passports were in each of their respective briefcases. They were therefore not on business in connection with the Government of Japan and knew that the Japanese Embassy in Rome could do nothing to protect them, or even become involved.
Strange as it may appear but Diplomats do actually travel, occasionally, with two passports in their possession, one being Diplomatic and the other being a normal National Passport. Some Diplomats actually and frequently abuse their Diplomatic status by utilising their Diplomatic passports when on personal trips abroad, or, as is sometimes the case, for hiding unlawful activities and evading prosecution. Based upon the content and definitions within the Vienna Convention 1961 there is nothing that the host government can do, other than lodge a formal and official complaint to the respective country of those persons holding a Diplomatic Passport.
Upon arriving at Chiasso, the Economic Crime Police immediately reviewed the Passports, Financial Instruments, Gold Coins, and sometime later the telephone evidence provided by the Italian technical specialist, Mr Figini Davide. Satisfied that the two Japanese persons had committed a crime, under both Italian Law and European Law, the accused Japanese men were immediately charged under both Italian and European criminal law for acts concerning Financial Instruments and the attempted smuggling of same, combined with being in possession of Financial Instruments, whether genuine or fake, with the intent to commit fraud, a financial crime contrary to Italian and European Law.
As it was, the Italian Authorities knew nothing about these “special” Financial Instruments, because they are not Financial Instruments that circulate within the normal commercial arena. They are “Special Sovereign” Financial Instruments legally owned by the Global Debt Facility and issued as collateral against a loan, or loans, granted by the Global Debt Facility to the issuer of the collateral instruments, which is usually a “Sovereign Nation”. No one is supposed to know about such Financial Instruments, except a few people around the world who have knowledge of the Global Debt Facility, so the criminal charges brought against the “Defendants” were based upon the fact that the “accused” were attempting to cross national borders in Europe carrying Financial Instruments, whether Fake or Genuine, for the purpose of fraudulent deception. Additionally, criminal charges were brought against Yamaguchi and Watanabe for unlawful transportation of Financial Instruments, or copy thereof, other than by Bank or Bonded Courier throughout Europe is an illegal act in breach of both European and Italian Law; together with being in possession of fake or fraudulent Financial Instruments.
Additionally, checks upon the two Diplomatic Passports were instigated through the Italian Ministry of Foreign Affairs, although there are no further entries on record in respect of these Diplomatic passports, which in itself is highly suspicious. Whether they were in fact valid or fake is not known, but that information was irrelevant because both Yamaguchi and Watanabe were travelling on normal National Passports. This is not a surprising factor at all if they were not officially undertaking Diplomatic duties for and on behalf of the Japanese Government. Taking into account the fact that the Financial Instruments that Yamaguchi and Watanabe were carrying were not owned by the Government of Japan, but owned legally by the Global Debt Facility; it is logical to say that they were not representing their Government. Instead, they were on a private business trip all for personal reasons, albeit criminal reasons.
Whilst all these investigations were being undertaken by the Financial Crime Police, further applications to the court were made for Search Warrants and Arrest Warrants, being subsequently granted and issued by the Court in Como, Italy, against the Italian citizens whose names, addresses, telephone numbers and email addresses, had been revealed earlier, written on ordinary note paper found by the Italian Police in Akihiko Yamaguchi’s briefcase, and within the information obtained from the mobile phones of Yamaguchi and Watanabe.
Plainly obvious was the fact that the Italian Police had engaged the services of their Computer department to source the National computerised records for all relevant information regarding the Italian citizens. Not only had Yamaguchi and Watanabe placed their own liberty and freedom in jeopardy, the same now applied to the Italian citizen, Alessandro Santi, an aged person of Seventy Three years (73) of age residing in Carimate (Como) who was just one of those people working with Yamaguchi and Watanabe.
In addition, realizing that their investigations would take time to complete because of the International nature associated with the crime and the persons involved, the Financial Crime Police made application to the Court in Como to extend the detention period of the suspects, Yamaguchi and Watanabe.
Handcuffed, and no doubt feeling a little distressed by their situation, Yamaguchi and Watanabe were taken, in a Police Van, to the local Court of Como, arriving slightly before the commencement of Court hearings. The intent of the Economic Crime Police and the Public Prosecutor’s Office, was to apply for an “Extension of Time for the Remand in Custody”, which was based upon the severity of the crime committed and the International nature of the crime.
Finally, after a considerable wait, so that the Court could clear its schedules, as is usual; the two Japanese men, now referred to as “Defendants” appeared in the Court Room in front of a female Judge.
Finally, after quite a while sat in the Court building, handcuffed and closely guarded, it was the turn of the “Defendants” to face the Judge, and after the initial explanation to the Court by the Financial Crime Police, the Judge asked the now “Defendants” (Yamaguchi and Watanabe) if they had legal representation. A subdued answer of “No” was the response from both Defendants, whereby the Magistrate ordered a Court appointed Lawyer, Mr. Massimo Schipilliti (lawyer for both, Watanabe and Yamaguchi) to represent the “Defendants”.
In the meantime, the Public Prosecutor’s Office had delegated the Crime Investigation Department to execute a full interrogation of the two “Defendants” under investigation. This was confirmed to the Court and Mr Massimo Schipilliti (lawyer for both Watanabe and Yamaguchi) as being scheduled for June 30th 2009.