A/68/44 remains deeply concerned at the State party’s failure to meet its obligations under the Convention while addressing this matter, in particular in relation to: (a) Failure to provide adequate redress and rehabilitation to the victims. The Committee regrets that the compensation, financed by private donations rather than public funds, was insufficient and inadequate; (b) Failure to prosecute perpetrators of such acts of torture and bring them to justice. The Committee recalls that on account of the continuous nature of the effects of torture, statutes of limitations should not be applicable as these deprive victims of the redress, compensation, and rehabilitation due to them; (c) Concealment or failure to disclose related facts and materials; (d) Continuing official denial of the facts and retraumatization of the victims by high-level national and local officials and politicians, including several diet members; (e) Failure to carry out effective educational measures to prevent gender-based breaches of the Convention, as illustrated, inter alia, by a decrease in references to this issue in school history textbooks; (f) The State party’s rejection of several recommendations relevant to this issue, made in the context of the universal periodic review (A/HRC/22/14/Add.1, paras. 147.145 ff.), which are akin to recommendations made by the Committee (para. 24) and many other United Nations human rights mechanisms, inter alia, the Human Rights Committee (CCPR/C/JPN/CO/5, para. 22), the Committee on the Elimination of Discrimination against Women (CEDAW/C/JPN/CO/6, para. 38), the Committee on Economic, Social and Cultural Rights (E/C.12/JPN/CO/3, para. 26) and several special procedures mandate holders of the Human Rights Council (arts. 1, 2, 4, 10, 14 and 16). Recalling its general comment No. 3 (2012), the Committee urges the State party to take immediate and effective legislative and administrative measures to find a victimcentred resolution for the issues of “comfort women”, in particular, by: (a) Publicly acknowledging legal responsibility for the crimes of sexual slavery, and prosecuting and punishing perpetrators with appropriate penalties; (b) Refuting attempts to deny the facts by government authorities and public figures and to re-traumatize the victims through such repeated denials; (c) Disclosing related materials, and investigating the facts thoroughly; (d) Recognizing the victim’s right to redress, and accordingly providing them full and effective redress and reparation, including compensation, satisfaction and the means for as full rehabilitation as possible; (e) Educating the general public about the issue and include the events in all history textbooks, as a means of preventing further violations of the State party’s obligations under the Convention. Violence against women and gender-based violence (20) While taking note of the State party’s efforts to combat gender-based violence, the Committee is concerned at reports on the continuing incidents of gender-based violence, in particular domestic violence, incest and rape, including marital rape, the low number of complaints, investigations, prosecutions and convictions for such cases, and insufficient legal protections for victims. Furthermore, the Committee expresses its concern at the requirement of the victim’s complaint in the Penal Code in order to prosecute crimes of sexual violence (arts. 2, 12, 13, 14 and 16). GE.13-46043 129

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