CAT/C/JPN/CO/2
Taking into account the provisions of the Convention and the United Nations
Standard Minimum Rules for the Treatment of Prisoners, the Committee urges the
State party to:
(a)
Revise its legislation in order to ensure that solitary confinement remains
as a measure of last resort, for as short a time as possible under strict supervision and
with a possibility of judicial review. The State party should establish clear and specific
criteria for the decision of isolation;
(b)
Establish a system of regular monitoring and review of the detainee’s
physical and mental condition by qualified medical personnel throughout the period
of solitary confinement, and release such medical records to the detainees and their
legal counsel;
(c)
Increase the level of psychological meaningful social contact for
detainees while in solitary confinement;
(d)
Evaluate and assess the existing practice of the use of solitary
confinement, and also provide specific and disaggregated information on the use and
conditions of solitary confinement.
Death penalty
15.
The Committee is deeply concerned about the conditions of detention of prisoners
on death row in the State party, in particular with respect to:
(a)
The unnecessary secrecy and uncertainty surrounding the execution of
prisoners sentenced to death. As referred to by the Special Rapporteur on extrajudicial,
summary or arbitrary executions, refusing to provide convicted persons and family
members advance notice of the date and time of execution is a clear human rights violation
(E/CN.4/2006/53/Add.3, para. 32);
(b)
The use of solitary confinement for persons sentenced to death, often for
extended periods of time, even exceeding 30 years in some cases, and limited contact with
the outside;
(c)
Interference with the right to assistance by legal counsel, including the
limited confidential access to lawyer;
(d)
The lack of a mandatory appeal system for capital cases given that an
increasing number of defendants convicted and sentenced to death without exercising their
right of appeal;
(e)
The non-use of the power of pardon since 2007 and the absence of
transparency concerning procedures for seeking benefit for pardon, commutation or
reprieve;
(f)
Reports about executions carried out even if the person was determined by a
court to be mentally ill, as in the case of Seiha Fujima, in contradiction of article 479(1) of
the Code of Criminal Procedures which prohibits the execution of a detainee in a state of
insanity (arts. 2, 11 and 16).
In light of the previous recommendations made by the Committee (para. 17), the
Human Rights Committee (CCPR/C/GC/32, para. 38) as well as the communication
sent by the Special Rapporteur on extrajudicial, summary or arbitrary executions
(A/HRC/14/24/Add.1, paras.515 ff), the Committee urges the State party to ensure
that death row inmates are afforded all the legal safeguards and protections provided
by the Convention, inter alia, by:
(a)
Giving death row inmates and their family reasonable advance notice of
the scheduled date and time of the execution;
6