A. Introduction
(2)
The Committee welcomes the submission of the initial report of Japan, as well as the opportunity to initiate a
constructive dialogue. In particular, the Committee notes with appreciation the clarifications and explanations
provided by the delegation to the numerous oral questions posed by the Committee. The Committee also welcomes
the large delegation, representing various departments of the Government, demonstrating the importance given by
the State party to meeting its obligations under the Convention. It further welcomes non-governmental organizations
present during the discussion of the report.
(3)
The Committee regrets, however, that the report, due in July 2000, was submitted over five years late. It also
notes that the report does not fully conform to the Committee’s guidelines for the preparation of initial reports,
insofar as it lacks thorough information on how the provisions of the Convention have been applied in practice in
the State party. The initial report is mainly limited to statutory provisions rather than providing an analysis of the
implementation of the rights enshrined in the Convention, supported by examples and statistics.
B. Positive aspects
(4)
The Committee welcomes the ratification by the State party of the majority of international human rights
conventions.
(5)
The Committee also welcomes the adoption of:
(b)
of 2004);
The Law for Partial Amendment of Immigration Control and Refugee Recognition (Law No. 73
(c)
The Act on Penal and Detention Facilities and the Treatment of Inmates, which entered into force
on 24 May 2005, and was revised on 2 June 2006.
(6)
The Committee notes the establishment of new mechanisms aimed at improving the oversight of detention
facilities and to prevent the recurrence of violence, such as the Board of Visitors for Inspection of Penal Institutions
and the Review and Investigation Panel on Complaints by Inmates in Penal Institutions. In addition, the Committee
welcomes the announcement of the establishment, as of June 2007, of the Board of Visitors for Inspection of Police
Custody.
(7)
The Committee welcomes the activities of the Corrections Bureau concerning training curricula and practice
for penal institution staff, which now include human rights standards as well as behavioural science and psychology.
(8)
The Committee also welcomes actions taken by the State party to combat trafficking, and in particular the
adoption of the National Plan of Action to combat trafficking in persons of December 2004, and the revisions of the
relevant laws and regulations in the Penal Code and the Immigration Control and Refugee Recognition Act.
(9)
The Committee welcomes the consultations with civil society undertaken by the State party in the framework
of the preparation of the report.
C. Principal subjects of concern and recommendations
Definition of torture
(10) Notwithstanding the State party’s assertion that all acts that may be described as “torture” within the meaning
of article 1 of the Convention are punishable as a crime under Japanese criminal law, the Committee notes with
concern that a definition of torture as provided by article 1 of the Convention, is still not included in the Penal Code
of the State party. In particular, the Committee is concerned that “mental torture” as per the Convention’s definition
is not clearly defined under articles 195 and 196 of the Penal Code and penalties for related acts, such as
intimidation, are inadequate. In addition, the Committee is concerned that Japanese legislation does not cover all
types of public officials, individuals acting in an official capacity, or individuals acting at the instigation or with the
consent or acquiescence of a public official or other person acting in an official capacity, such as members of the
Self Defence Forces and immigration officials.
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