CAT/C/JPN/CO/2
The Committee reiterates its previous recommendation (para. 21) that the State
party:
(a)
Consider establishing a specifically dedicated, independent and effective
complaints body and ensure prompt, impartial and full investigations into all
allegations of torture and ill-treatment committed by public officials, and to prosecute
and punish those responsible with penalties taking into account the grave nature of
offences;
(b)
Ensure in practice that complainants are protected against any reprisals
as a consequence of their complaint or any evidence given;
(c)
Compile information, including disaggregated statistics, on the number
of complaints filed against public officials on torture and ill-treatment, as well as
information about the results of the proceedings, at both the penal and disciplinary
levels.
Conditions of detention
13.
Despite the State party’s efforts to improve the conditions of detention and to
increase the capacities of penal institutions, the Committee remains concerned at:
(a)
Overcrowding in certain facilities, including women’s prisons;
(b)
Inadequate access to health care and serious shortage of medical staff within
detention facilities;
(c)
The insufficient provision of mental health care in prisons and reports
indicating that mentally ill inmates are subjected to extensive use of solitary confinement
and subsequent increased risks of suicide attempts;
(d)
The lack of adequate safeguards and monitoring mechanism on the use of
restraining devices such as Type II handcuffs and straitjackets (arts. 11 and 16).
The State party should strengthen its efforts to improve conditions of detention in
prisons in conformity with the standard minimum rules for treatment of prisoners,
by:
(a)
Reducing the high rate of overcrowding, in particular through the wider
application of non-custodial measures as an alternative to imprisonment, in light of
the United Nations Standard Minimum Rules for Non- custodial Measures (Tokyo
Rules) and United Nations Rules for the Treatment of Women Prisoners and NonCustodial Measures for Women Offenders (Bangkok Rules);
(b)
Providing adequate somatic and mental health care for all persons
deprived of their liberty;
(c)
Strictly monitoring the use of Type II handcuffs and the length of time
they are used, so as to comply with the State party’s obligations under the Convention,
and considering completely banning the use of devices to restrain persons in custody.
Solitary confinement
14.
The Committee remains deeply concerned that solitary confinement continues to be
used often extensively prolonged without a time limit, and that decision of isolation for
detainees is left to the discretion of the prison warden. The Committee regrets that the
prison doctor is directly involved in the periodic medical review of prisoners in solitary
confinement under the Act on Penal Detention Facilities and Treatment of Inmates and
Detainees and such practice might deteriorate doctor-patient relationship, which is a major
factor in safeguarding the health conditions of prisoners (arts. 2, 11 and 16).
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