E/CN.4/1995/34
page 85
inspection of prison and detention facilities, including "substitute prisons",
by judges and prosecutors; supervision by prosecutors of the interrogation by
police officials; civil remedies under application to civil liberties
commissioners; the legal requirement of exclusion of confessions obtained by
coercion from evidence and the obligation of the courts to examine the
voluntary nature of confessions; and a remedy system under the State Redress
Law.
445. The Government stated that although there might be a few exceptional
cases in which an interrogation lasted for hours, in order to fully listen to
the explanation of a suspect, public prosecutors at all times conducted
interrogations with due consideration so as not to impose excessive burdens
upon a suspect. Although the statement of a suspect was not made in the form
of questions and answers, the suspect was notified in advance that he or she
could refrain from making any statement against his or her will and after
being read the statement could make revisions or corrections before signing.
Although defence counsel was not allowed to inspect the records or be present
during interrogation, counsel could "grasp the situation of the interrogation"
through private interviews with detainees.
446. As to medical care, doctors came twice monthly to police custodial
facilities and all prisoners received periodic medical examinations. Although
records of medical care were not made public so as to protect prisoners’
privacy, they could be presented to the court as evidence at the request of
the judge, if necessary.
447. The Special Rapporteur also transmitted information about the case
of Huang Yuwei, a Chinese national residing in Japan, who was arrested
on 8 June 1993 in the Kabukicho area of central Tokyo. When unable to produce
his identity card for a policeman because he had left it at home, he was
brought to the police station, whereupon he was allegedly beaten severely by
two officers, who then released him. Three hours later, he was reportedly
rearrested and taken to the same police station where his hands and legs were
tied and he was beaten so severely that he was unable to walk. An examining
medical doctor was reported to have determined that his injuries would take
two weeks to heal.
448. The Government replied that following a complaint on 8 June 1994 by
Huang Yuwei, his case was under investigation by the Tokyo District Public
Prosecutors Office. On 1 March he also filed a civil suit against the
Metropolis of Tokyo. According to the Metropolis, the first time that police
encountered him they did not take him to the police station, but cautioned him
not to affix signboards to roadside poles, as it was illegal, and that he
would be arrested if he again failed to carry his alien registration
certificate. When four hours later he was found without the certificate, he
was requested to come to the police box and he struggled to escape. Inside
the police box he thrashed his arms and legs and because he was likely to hurt
himself and others the policeman restrained him and took him to the station.
There was no violence as reported.
449. The Special Rapporteur also transmitted information indicating that many
prisoners sentenced to death were held in solitary confinement indefinitely
and some had been denied medical attention when they requested it or had been
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