Drug laws in Japan pose problems for Toyota exec

TOKYO — The president of Toyota Motor Corp. went on national TV Friday to issue an apology and voice support for the company's top female executive, American Julie Hamp, who was arrested a day earlier on drug-related charges.

President Akio Toyoda said he was convinced that Hamp, whom police suspect of illegally importing 57 tablets of the painkiller Oxycodone, had no intention of breaking Japanese law. He called her a "close friend" and an "invaluable" part of the company.

Regardless, Hamp now faces a potentially perilous journey through a legal system far different than that in the United States.

Under Japanese law, prosecutors can hold Hamp for up to 23 days without bail and with limited access to legal support before deciding whether to bring formal charges. If convicted, she could face up to 10 years in prison.

There are no plea bargains in Japan, and prosecutors have a 99% conviction rate, according to the U.S. State Department.

"Japanese law in these kinds of cases is much tougher than in the United States or Western European countries," said Robert Dujarric, director of the Institute of Contemporary Asian Studies, at Temple University's Japan Campus. "Japan is not a country where you want to get caught with drugs."

Oxycodone is a widely prescribed painkiller in the United States. But possession is illegal in Japan without a prescription and special permission is required to bring it into the country.

Hamp, 55, was taken into custody by police Thursday at a luxury hotel in Tokyo. She has been living in Japan since April, when she was named the company's managing director and chief of global communications.

According to local media reports, police said the Oxycodone tablets were discovered by Customs inspectors in a package sent from the United States. The package was addressed to Hamp at her hotel. Police said the tablets were not listed on the package's Customs declaration form and were disbursed among other items in the package, including an accessory case and paper bag.

A travel advisory issued by the State Department makes clear that Japan takes drug offenses seriously. Incoming and outgoing mail, and international packages sent via DHL or FedEx are checked carefully, according to the advisory.

"If you are arrested in Japan, even for a minor offense, you may be held in detention without bail for several months or more during the investigation and legal proceedings. Penalties for possessing, using, or trafficking in illegal drugs, including marijuana and synthetic drugs, are severe, and convicted offenders can expect long jail sentences and fines," says the advisory.

Once charges are brought, prosecutors rarely lose — but a confession and a sincere show of remorse can result in a lower sentence or even dismissal of the case, said Satoru Shinomiya, a professor of criminal law at Tokyo's Kokugakuin University.

"The penalties are very harsh. But if an accused shows remorse, that's very important in Japan," he said.

Earlier this year, a 26-year-old American was arrested in Nagoya after receiving a package containing Adderall, a prescription medication widely available in the United States to treat attention deficit disorder, but illegal in Japan. She spent 18 days in jail, but was released after her father, a prominent lawyer in Portland, Ore., wrote a letter to prosecutors apologizing and expressing remorse. The U.S. Embassy in Tokyo showed support, as well.

In his press conference Friday, Toyoda bowed deeply and apologized for "the confusion surrounding recent events." He said Hamp is the first non-Japanese executive to reside in Japan, and said the company may not have given her enough support in making the transition.

A similar expression from Hamp could be persuasive, said Kunpei Ohashi, a member of the Japan Federation of Bar Associations' Criminal Defense Committee.

"In this case, it's not a large amount (drugs). She has no criminal record. She has rather high social status. Prosecutors may take that into consideration," Ohashi said.

Hamp, one of Toyota's first female executives on a global level, ascended to the top public relations role in April. She had previously served as chief communications officer for Toyota's North American operations.

Before joining Toyota, the Queens, N.Y., native served as the lead communications officer at PepsiCo. She also spent about two decades earlier in her career at General Motors.