A/68/44
Statute of limitations
(8)
While noting the Act No. 26 of April 2010 abolishing or extending the statute of
limitations for certain crimes, the Committee is concerned that the statute of limitations
remains in place for acts of torture and ill-treatment, including attempts to commit torture
and acts by any person which constitute complicity or participation in torture (arts. 4 and
12).
The Committee reiterates its previous recommendation (para. 12) that the State party
bring its legislation on the statute of limitations fully in line with its obligations under
the Convention, so that perpetrators of acts of torture are prosecuted and convicted in
accordance with the gravity of the acts, as required by article 4 of the Convention,
without time limitations.
Non-refoulement and detention pending deportation
(9)
The Committee expresses its concern about:
(a)
The use of lengthy, and in some cases, indefinite detention for asylum
seekers under a deportation order according to the Immigration Control and Refugee
Recognition Act (ICRRA) as well as the lack of independent review of such detention
decision;
(b)
The restrictive use of alternatives to detention for asylum seekers;
(c)
The lack of resources and authority of the Immigration Detention Facilities
Visiting Committee to effectively discharge its mandate, as well as the appointment of its
members by the Ministry of Justice and the Immigration Bureau;
(d)
Detention of unaccompanied children in Child Consultation Centres, which
are often overcrowded and lack resources for hiring interpreters;
(e)
The lack of effective implementation of article 53 (3) of the ICRRA, which
prohibits the removal of a person to any country where he or she may be subject to torture,
as proscribed in article 3 of the Convention (arts. 3, 11 and 16).
In light of the previous recommendations made by the Committee (para. 14) as well as
by the Special Rapporteur on the human rights of migrants, following his mission to
Japan in 2011 (A/HRC/17/33/Add.3, para. 82), the State party should:
(a)
Continue its efforts to bring all legislation and practices relating to the
detention and deportation of immigrants or asylum seekers in line with the absolute
principle of non-refoulement under article 3 of the Convention;
(b)
Ensure that the detention of asylum seekers is only used as a last resort,
and when necessary, for as short a period as possible, and introduce a maximum
period of detention pending deportation;
(c)
Further utilize alternatives to detention as provided for in the
Immigration Control and Refugee Recognition Act;
(d)
Strengthen the independence, authority and effectiveness of the
Immigration Detention Facilities Visiting Committee, inter alia, by providing
appropriate resources and authority to ensure effective monitoring detention centres
and allowing them to receive and review complaints from immigrants or asylum
seekers in detention;
(e)
Consider acceding to the 1954 Convention relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Stateless.
GE.13-46043
123
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents