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). 4

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