E/CN.4/1995/34
page 84
hearing judge ordered the committal for trial of six defendants. The
proceeding commenced on 30 October 1993 and was ongoing. On 6 April 1994 the
director of the penitentiary was suspended from his office and arrested by
order of the Naples preliminary hearing judge.
Japan
Information transmitted to the Government and replies received thereon
441. By letter dated 29 June 1994 the Special Rapporteur advised the
Government that he had received information according to which suspects held
in police custody prior to indictment were kept in detention facilities known
as "substitute prisons" (daiyo kangoku). While in principle police are
required to present a detainee to a prosecutor within 48 hours of being taken
into custody, detention for a period of up to 20 days may be authorized by
order of a judge or, upon application, by a prosecutor. Following this period
suspects must either be released or indicted and transferred to a prison or
detention house. The 22-day period of pre-indictment detention in "substitute
prisons" was said to create conditions under which torture or ill-treatment
was likely to occur, as suspects were placed under the permanent control of
the police.
442. Under these circumstances police investigators were said frequently
to subject suspects to interrogation sessions of more than 10 hours per day
without effective control, since records of the date and length of
interrogation sessions were not available to detainees, lawyers or courts.
"Confessions" signed by suspects during interrogation were said to be
statements prepared by interrogators, not records of question and answers. As
a result, there was no record accessible to lawyers or courts of the manner in
which a confession was obtained, other than a record of the time of day it was
signed. It was reported that lawyers were not permitted to be present during
the interrogation of suspects and that government-funded legal aid was not
available to suspects held in "substitute prisons", as only defendants against
whom an indictment had been drawn were eligible for such legal aid.
443. Reports also indicated that "substitute prison" detainees did not have
access to independent medical attention. Persons requesting medical attention
could meet with medical doctors commissioned by district police authorities.
However, details of such visits and the findings of the doctor were recorded
on a log kept by the authorities in charge of detention to which detainees,
lawyers or courts had no access. Courts which requested details of medical
findings were, in practice, merely provided by police with a summary of the
log entry.
444. On 18 November 1994 the Government replied with regard to this general
information that a number of systems and measures had been adopted and
implemented to prevent coerced confession and to guarantee the rights of
detained suspects. These included: the complete separation of the
investigation branch from the branch in charge of custodial management in the
police; a system of filing complaints regarding treatment and human rights in
accordance with the regulations concerning the custody of suspects; an appeal
system (jun-kukoku) against a judge’s system of detention; habeas corpus
remedies; rights of communication with and visits by the defence counsel;
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