KUALA LUMPUR: The Foreign Ministry has clarified that the detention of a Malaysian man in Japan was not automatically reported to the embassy because Japanese law requires the individual’s explicit consent.
Wisma Putra confirmed that Muhammad Faiq Zafran Mohd Jailani, reported missing on Dec 2 last year, is in the custody of the Toyama Minami Police Station.
The Malaysian Embassy in Tokyo initiated efforts to locate him immediately upon his disappearance, engaging with Japan's Foreign Ministry and local enforcement.
"Under the Vienna Convention on Consular Relations, notification to a foreign embassy of an individual’s detention is not automatic but is exercised upon the request of the detainee," the ministry said in a statement on Tuesday (Feb 17).
Furthermore, Japan’s Act on the Protection of Personal Information (APPI) classifies detention status as personal data that cannot be shared with third parties, including diplomatic missions, without consent.
Investigative authorities in Toyama stated that Muhammad Faiq did not grant consent to disclose his information at the material time, legally prohibiting authorities from notifying the embassy.
Upon securing confirmation, Wisma Putra contacted the next-of-kin and has continued to update the family.
The ministry stressed that while the embassy monitors the situation and provides consular assistance, it cannot intervene in the judicial proceedings of a sovereign state or demand a detainee's release.
Wisma Putra reminded Malaysians abroad to strictly adhere to the laws and regulations of their host countries.
