CAT/C/JPN/CO/2 (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. 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 3