CAT/C/JPN/CO/2
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:
(a)
Establishing rules concerning the length of interrogations, with
appropriate sanctions for non-compliance;
(b)
Improving criminal investigation methods to end practices whereby
confession is relied on as the primary and central element of proof in criminal
prosecution;
(c)
Implementing safeguards such as electronic recordings of the entire
interrogation process and ensuring that recordings are made available for use in
trials;
(d)
Informing the Committee of the number of confessions made under
compulsion, torture or threat, or after prolonged arrest or detention, that were not
admitted into evidence based on article 319(1) of the Code of Criminal Procedure.
Complaint mechanism
12.
Notwithstanding the information on the appeal systems established under the Act on
Penal Detention Facilities and Treatment of Inmates and Detainees (2007), the Committee
remains concerned about the lack of an independent and effective complaint mechanism for
receiving and conducting impartial investigations into allegations of torture and ill
treatment of persons deprived of their liberty, including those in police custody, and for
ensuring that officials found guilty are appropriately punished. The Committee also regrets
the absence of information on claims for State compensation or on disciplinary sanctions
(arts. 2, 4, 12, 13 and 16).
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