E/CN.4/2000/9/Add.5
page 9
38.
With respect to the ruling of Israel’s Supreme Court in September 1999, the Government
noted that while the Supreme Court ruling prohibited in absolute terms the use of the practices in
question, it did not prohibit the possibility of enacting legislation which would infringe upon a
suspect’s liberty, as long as it complied with the requirements of Israel’s Basic Law, that is to
say with the “values of the State of Israel, enacted for a proper purpose, and to an extent no
greater than is required”. Finally, the Government indicated that it would study the
recommendations of the Special Governmental Committee, which was headed by the Deputy to
the State Attorney and the Deputy to the Attorney-General and which had been appointed to
examine means of implementing the aforementioned Supreme Court ruling.
Japan
39.
By letter dated 15 February 2000, the Government responded to cases transmitted by the
Special Rapporteur on Torture in November 1999.
40.
Concerning Kazuo Uchiyama (see E/CN.4/2000/Add.1, para. 677), the Government
stated that he had been sentenced to two years’ imprisonment with labour on 7 September 1993,
a sentence which he did not appeal. He was transferred from Chiba prison to Fuchu prison
on 21 October 1993 and released from there after the expiration of his sentence on
7 September 1995. On 30 August 1993, the superintendent had reprimanded him in the presence
of another officer for a disciplinary offence, to which he had reacted angrily. According to the
Government, Kazuo Uchiyama subsequently shouted at the superintendent and attempted to
punch him. He was restrained with metal handcuffs behind his back by the superintendent and
other officers. He was then taken to a protection room. The Government stated that protection
rooms have a window which cannot be opened and no furniture, apart from a water faucet, toilet
and ventilating fan, so as not to endanger the inmate’s life. According to the Government, he
continued struggling and screaming. He was then restrained with his face down and placed in
leather handcuffs consisting of two leather rings attached to a leather belt around the waist which
fixed his right hand in front of his body and his left hand behind his back. He was placed in
mataware pants for his own convenience. The Government asserted that the prison staff had
used only the minimum force necessary to protect themselves and to maintain order in the
communal life of other inmates. On 29 November 1993, Kazuo Uchiyama filed a lawsuit for
damages at the Chiba District Court for assault by Chiba prison officers. According to the
Government, he sent a letter withdrawing the lawsuit to the Chiba District Public Prosecutor’s
Office on 16 December 1993. On 7 March 1996, he filed a renewed lawsuit for damages,
alleging that he had been assaulted by the officers at the Chiba District Court. His case was
pending at the time of the government reply.
41.
Concerning Yoshitaka Hiura (ibid., para. 678), the Government stated that he had been
sentenced to five years and six months’ imprisonment with labour on 10 April 1991 for a drugs
offence. His appeal was dismissed on 28 October 1991 and he was transferred from Tokyo
Detention House to Yokohama Prison on 6 December 1991. The Government indicated that
during his detention he had been punished with solitary confinement several times for periods
varying from 10 to 40 days. On several occasions, he was also restrained with leather handcuffs
and detained in a protection room. The Government provided the Special Rapporteur with
specific details on each of these punishment periods. The Government stated that
Yoshitaka Hiura had not been placed in solitary confinement for minor infractions but that he