The State party should consider establishing an independent mechanism, with authority to promptly,
impartially and effectively investigate all reported allegations of and complaints about acts of torture
and ill-treatment from both individuals in pretrial detention at police facilities or penal institutions
and inmates in penal institutions. The State party should take all necessary measures to ensure that the
right of inmates to complain can be fully exercised, including the lifting of any statute of limitations for
acts of torture and ill-treatment; ensuring that inmates may avail themselves of legal representation to
file complaints; establishing protection mechanisms against intimidation of witnesses; and reviewing
all rulings limiting the right to claim compensation. The State party should provide detailed statistical
data, disaggregated by crime, ethnicity, age and sex, on complaints relating to torture and ill-treatment
allegedly committed by law enforcement officials and on the related investigations, prosecutions, and
penal or disciplinary sanctions.
Human rights education and training
(22) The Committee notes the allegations of the existence of a training manual for investigators, with
interrogation procedures which are contrary to the Convention. In addition, the Committee is concerned that human
rights education, and in particular education on the rights of women and children, is only offered systematically to
penal institution officials, and has not been fully included in the curricula for police detention officers, investigators,
judges or immigration security personnel.
The State party should ensure that all materials related to the education curriculum of law
enforcement personnel, and in particular investigators, are made public. In addition, all categories of
law enforcement personnel, as well as judges and immigration officials, should be regularly trained in
the human rights implications of their work, with a particular focus on torture and the rights of
children and women.
Compensation and rehabilitation
(23) The Committee is concerned over reports of difficulties faced by victims of abuse in obtaining redress and
adequate compensation. The Committee is also concerned over restrictions on the right to compensation, such as
statutory limitations and reciprocity rules for immigrants. The Committee regrets the lack of information on
compensation requested and awarded to victims of torture or ill-treatment.
The State party should take all necessary measure to ensure that all victims of acts of torture or
ill-treatment can exercise fully their right to redress, including compensation and rehabilitation. The
State party should take measures to establish rehabilitation services in the country. The State party
should furnish the Committee with information on any compensation or rehabilitation provided to the
victims.
(24) The Committee is concerned at the inadequate remedies for the victims of sexual violence, including in
particular survivors of Japan’s military sexual slavery practices during the Second World War and the failure to
carry out effective educational and other measures to prevent sexual violence- and gender-based breaches of the
Convention. The survivors of the wartime abuses, acknowledged by the State party representative as having suffered
“incurable wounds”, experience continuing abuse and re-traumatization as a result of the State party’s official denial
of the facts, concealment or failure to disclose other facts, failure to prosecute those criminally responsible for acts
of torture, and failure to provide adequate rehabilitation to the victims and survivors.
The Committee considers that both education (article 10 of the Convention) and remedial measures
(article 14 of the Convention) are themselves a means of preventing further violations of the State
party’s obligations in this respect under the Convention. Continuing official denial, failure to
prosecute, and failure to provide adequate rehabilitation all contribute to a failure of the State party to
meet its obligations under the Convention to prevent torture and ill-treatment, including through
educational and rehabilitation measures. The Committee recommends that the State party take
measures to provide education to address the discriminatory roots of sexual and gender-based
violations, and provide rehabilitation measures to the victims, including steps to prevent impunity.
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