A/68/44 Daiyo Kangoku (substitute detention system) (10) While noting the formal separation of the police functions of investigation and detention under the Act on Penal Detention Facilities and Treatment of Inmates and Detainees, the Committee expresses its serious concern at the lack of safeguards in the Daiyo Kangoku system, which mitigates the State party’s compliance with the obligations under the Convention. In particular, the Committee deeply regrets that under this system, suspects can be detained in police cells for a period up to 23 days, with limited access to a lawyer especially during the first 72 hours of arrest and without the possibility of bail. The lack of effective judicial control over pretrial detention in police cells and the lack of an independent and effective inspection and complaints mechanism are also a matter of serious concern. Furthermore, the Committee regrets the position of the State party that the abolition or reform of the pretrial detention system is unnecessary (A/HRC/22/14/Add.1, para. 147.116) (arts. 2 and 16). The Committee reiterates its previous recommendations (para. 15) that the State party: (a) Take legislative and other measures to ensure, in practice, separation between the functions of investigation and detention; (b) Limit the maximum time detainees can be held in police custody; (c) Guarantee all fundamental legal safeguards for all suspects in pretrial detention, including the right of confidential access to a lawyer throughout the interrogation process, and to legal aid from the moment of arrest, and to all police records related to their case, as well as the right to receive independent medical assistance, and to contact relatives; (d) Consider abolishing the Daiyo Kangoku system in order to bring the State party’s legislation and practices fully into line with international standards. Interrogation and confessions (11) The Committee takes note of article 38 (2) of the Constitution and article 319 (1) of the Code of Criminal Procedure stipulating inadmissibility in court of confessions obtained under torture and ill-treatment as well as the State party’s statement that convictions are not based solely on confessions and that interrogation guidelines ensure that suspects cannot be compelled to confess to a crime. However, the Committee remains seriously concerned that: (a) The State party’s justice system relies heavily on confessions in practice, which are often obtained while in the Daiyo Kangoku without a lawyer present. The Committee has received reports about ill-treatment while interrogated, such as beating, intimidation, sleep deprivation, and long periods of interrogations without breaks; (b) It is not mandatory to have defence counsel present during all interrogations; (c) The lack of means for verifying the proper conduct of interrogations of detainees, while in police custody, in particular the absence of strict time limits for the duration of consecutive interrogations; (d) None of the 141 complaints concerning interrogations filed to the public prosecutors by suspects and their defence counsels resulted in a lawsuit (arts. 2 and 15). The Committee reiterates its previous recommendations (para. 16) that the State party take all necessary steps to in practice ensure inadmissibility in court of confessions obtained under torture and ill-treatment in all cases in line with article 38 (2) of the Constitution, article 319 (1) of the Code of Criminal Procedure as well as article 15 of the Convention by, inter alia: 124 GE.13-46043