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Based on Article 40 (B) of the International Covenant on Civil and Political Rights

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Based on Article 40 (B) of the International Covenant on Civil and Political Rights Report on the 6th Periodic Report of the Government of Japan based on Article 40 (b) of the International Covenant on Civil and Political Rights Matters and their Background Circumstances that should be Included in the List of Issues to be Prepared by the Country Report Task Force May 9, 2013 Japan Federation of Bar Associations Japan Federation of Bar Associations 1-1-3 Kasumigaseki, Chiyoda-ku, Tokyo 100-0013, Japan Phone: +81-3-3580-9741 / Fax: +81-3-3580-2866 E-mail: [email protected] 1 Table of Contents Introduction ................................................................................................................................................... 5 Part I General Comments ........................................................................................................................ 7 1 The Institutional Aspect of Human Rights Protection in Japan ....................................................... 7 2 The Concept of “Public Welfare” under the Constitution of Japan ................................................. 8 3 The Relationship between the Covenant and Japanese Laws including the Constitution ............. 10 4 Human Rights Education, Encouragement, and Publicity ............................................................ 12 5 National Human Rights Institution ................................................................................................ 13 Part II Reports on the Specific Articles ................................................................................................. 16 Article 2: The Duty to Implement the ICCPR ............................................................................................... 16 1 The Issue of Foreign Nationals ..................................................................................................... 16 2 Measures for Persons with Disabilities ......................................................................................... 26 3 First Optional Protocol to the Covenant ........................................................................................ 29 Article 3: The Principle of Equality between Men and Women .................................................................... 32 1 Mechanisms for the Promotion of the Realization of a Gender-Equal Society ............................. 32 2 Women’s Participation in Policy and Decision-Making Process ................................................... 34 3 Employment Measures .................................................................................................................. 36 4 Protection from Violence ............................................................................................................... 39 5 Other Issues regarding Article 3 of the Covenant .......................................................................... 45 Article 6: Right to Life .................................................................................................................................. 47 1 Application of Death Penalty ........................................................................................................ 47 2 Views on the Death Penalty; Continuation or Abolition ............................................................... 48 3 Condemned Prisoner’s General Treatment .................................................................................... 49 4 Condemned Prisoner’s Contact with the Outside .......................................................................... 50 5 Notice of Execution ....................................................................................................................... 52 6 Amnesties ...................................................................................................................................... 52 7 Elderly People and Persons with Mental Disabilities .................................................................... 53 Article 7: Prohibition of Torture and Degrading Treatment .......................................................................... 55 1 Ratification of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ................................................................................................................................................ 55 2 Restrictions by the Revised Immigration Control Act of Contries for Deportation ...................... 55 3 Deportation to the Country Where Inhumane Treatment would be Assumed ............................... 57 4 Inhuman or Degrading Treatment during Deportation .................................................................. 58 Article 8: Prohibition of Slavery and Forced Servitude ................................................................................ 59 1 Measures against Human Trafficking ............................................................................................ 59 2 Issue of So-Called “Comfort Women” .......................................................................................... 61 3 Foreign Trainee and Technical Intern Program ............................................................................. 63 Article 9: Right to Liberty of Person ............................................................................................................. 66 1 Detention of Suspects and the Right to Have Defense Counsel .................................................... 66 2 2 Detention in Immigrant Facilities .................................................................................................. 68 3 Involuntary Hospital Admission and Other Measures Taken According to Mental Health and Welfare Act ................................................................................................................................................ 74 4 Measures to Eliminate the Discrimination against Hansen’s Disease ........................................... 80 Article 10: Treatment of Inmates and Detainees ........................................................................................... 82 1 Infringement on the Right to Interview and Communication with a Counsel ............................... 82 2 Treatment in Correctional Institutions ........................................................................................... 84 3 Substitute Detention System (Daiyo Kangoku) ............................................................................. 96 Article 12: Right to Freedom of Movement and Residence ........................................................................ 101 1 Re-Entry Permit System under the Immigration Control Act ..................................................... 101 2 Refugee Policies in Japan ............................................................................................................ 102 Article 13: Deportation of Foreigners ......................................................................................................... 108 1 Filing an Objection to Decisions to Reject Application for Extension of Stay or Change to Status of Residence ............................................................................................................................................ 108 2 Treatment of Applicants for Refugee Status ................................................................................ 110 Article 14: Right to a Fair Trial ................................................................................................................... 113 1 Legal Framework – Revision of the Juvenile Act ....................................................................... 113 2 Disclosure of Evidence to Defense Counsels .............................................................................. 116 3 Protection of the Rights of Crime Victims .................................................................................. 117 Article 17: Right to Privacy ........................................................................................................................ 121 1 Surveillance Cameras .................................................................................................................. 121 2 National Identification Number System and Independent Organization ..................................... 122 3 Deportation Decisions in Violation of Article 17 of the Covenant .............................................. 123 4 Special Residence Permission System ........................................................................................ 124 5 Alien Residence Control System and Privacy of Foreign Nationals ........................................... 125 Article 18: Freedom of Thought, Conscience and Religion (Issues Related to the National Flag (Hinomaru) and the National Anthem (Kimigayo)) ........................................................................................................ 126 Article 19: Right to Freedom of Expression................................................................................................ 129 1 Restrictions under the Public Offices Election Act ..................................................................... 129 2 Restrictions on Political Activities by National Public Employees ............................................. 130 3 Protection of the Rights of Crime Victims .................................................................................. 131 Article 20: Prohibition of Discriminatory Remarks and War Propaganda
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