CAT/C/JPN/CO/2
Redress, including compensation and rehabilitation
18.
Notwithstanding article 1 of State Redress Act under which victim may seek
damages against the State or the public entity, the Committee remains concerned about (a)
reports of difficulties faced by victims of acts of torture or ill-treatment in obtaining redress
and adequate compensation, (b) restrictions on the right to compensation, such as statutory
limitations and reciprocity rules for immigrants, and (c) the lack of information on
compensation requested and awarded to victims of torture or ill-treatment (art. 14).
Referring to its general comment No. 3 (2012) on article 14 of the Convention which
clarifies the content and scope of the obligations of States parties to provide full
redress to victims of torture, the Committee recommends that the State party
strengthen its efforts to ensure that all victims of acts of torture or ill-treatment can
fully exercise their right to redress, including fair and adequate compensation, and as
full rehabilitation as possible, as well as their right to truth. The State party should
provide the Committee with information on (a) redress and compensation measures
ordered by the courts and provided to victims of torture or ill-treatment, or their
families This information should include the number of requests made and of those
granted and the amounts ordered and actually provided in each case; and (b) any
ongoing rehabilitation programmes for victims of torture and ill-treatment. The State
party should also allocate adequate resources to effectively implement such
programmes and inform the Committee thereof.
Victims of military sexual slavery
19.
Notwithstanding the information provided by the State party concerning some steps
taken to acknowledge the abuses against victims of Japan’s military sexual slavery
practices during the Second World War, the so-called “comfort women”, the Committee
remains deeply concerned at the State party’s failure to meet its obligations under the
Convention while addressing this matter, in particular in relation to:
(a)
Failure to provide adequate redress and rehabilitation to the victims. The
Committee regrets that the compensation, financed by private donations rather than public
funds, was insufficient and inadequate;
(b)
Failure to prosecute perpetrators of such acts of torture and bring them to
justice. The Committee recalls that on account of the continuous nature of the effects of
torture, statutes of limitations should not be applicable as these deprive victims of the
redress, compensation, and rehabilitation due to them;
(c)
Concealment or failure to disclose related facts and materials;
(d)
Continuing official denial of the facts and retraumatization of the victims by
high-level national and local officials and politicians, including several diet members;
(e)
Failure to carry out effective educational measures to prevent gender-based
breaches of the Convention, as illustrated, inter alia, by a decrease in references to this issue
in school history textbooks;
(f)
The State party’s rejection of several recommendations relevant to this issue,
made in the context of the universal periodic review (A/HRC/22/14/Add.1, paras.147.145
ff.), which are akin to recommendations made by the Committee (para. 24) and many other
United Nations human rights mechanisms, inter alia, the Human Rights Committee
(CCPR/C/JPN/CO/5, para. 22), the Committee on the Elimination of Discrimination against
Women (CEDAW/C/JPN/CO/6, para. 38), the Committee on Economic, Social and
Cultural Rights (E/C.12/JPN/CO/3, para. 26) and several special procedures mandate
holders of the Human Rights Council (arts. 1, 2, 4, 10, 14 and 16).
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