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ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) June 2012 Vol

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ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) June 2012 Vol FOCUS ASIA-PACIFIC APRIL 2010 VOLUME 59 Focus Asia-Pacific Newsletter of the Asia-Pacific Human Rights Information Center (HURIGHTS OSAKA) June 2012 Vol. 68 Contents Editorial Detention Centers and Prisons in Japan This is a discussion of the issues regarding Japanese detention centers and prisons International Pressure that have been discussed in the Universal Period Review of Japan in 2008. - HURIGHTS OSAKA International pressure, with international media support, can Page 2 force governments to take action on specific human rights violations. It can make governments admit the existence of Death Penalty in Japan such human rights violations, or hold those responsible for This is an edited version of the section on the violations accountable. death penalty of the counterreport filed by the International Federation for Human Rights and the Center for Prisoners’ Rights But the more “regular” international pressure may not have for the second Universal Periodic Review the same impact. International pressure arising from of Japan. - International Federation for Human conclusions, recommendations, general comments and Rights and the Center for Prisoners’ Rights resolutions of the human rights bodies of the United Nations Page 6 (UN) needs assistance to create national impact. Map Ta Phut: New Minamata? Outside the halls of the UN and beyond the circle of human This is a presentation of the issues rights organizations lobbying in the UN, much of the analyses regarding industrialization and the right of and recommendations by the human rights bodies for better people to health focusing on the case of promotion and protection of human rights remain unknown Map Ta Phut village in the Eastern Seaboard Industrial Zone in Thailand. to the people who should benefit from them. - HURIGHTS OSAKA Page 10 Government action on the conclusions, recommendations, general comments and resolutions of the UN human rights Human Rights Center for Thailand bodies depends on national pressure. Unless they suffer from This is a report on the international massive repression that provides little space for action, people seminar on the establishment of a human at the national level should be able to assert the pressure on rights center in Thailand. their respective governments. - Jefferson R. Plantilla Page 14 It is thus imperative on the part of the organizations involved in UN human rights lobby to bring this international pressure from UN human rights bodies to the domestic sphere. 1 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68 Detention Centers and Prisons in Japan HURIGHTS OSAKA he Universal Periodic in the [Japanese] Penal Code, devices, the provision of TReview (UPR) of the United and that in particular “mental medical assistance to all Nations (UN) Human Rights torture” within the meaning of inmates at all times and that it Council facilitates the the Convention’s definition is should consider placing discussion and analysis of not clearly defined under medical facilities and staff reports on the human rights articles 195 and 196 of the under the jurisdiction of the situation in UN member-states.1 Penal Code and also that Ministry of Health.6 The record of the UPR penalties for related acts, such processes, however, would as intimidation, are The national report of Japan for remain stuck in the files of the inadequate.3 the 2008 UPR explains the steps UN and diplomatic missions being taken on the issues raised unless deliberately and xxx xxx xxx by treaty monitoring bodies systematically brought out to 16. CAT was deeply concerned such as ensuring that “a heating/ the people of the countries about allegations of continuous cooling system is installed in the involved for further discussion prolonged use of solitary detention facilities” and and subsequent action. confinement, despite the new “medical treatment from a provisions of the 2005 Act on doctor at public expense if a It is in this light that the 2008 Penal Institutions and the detainee is sick or injured” is UPR of Japan’s human rights Treatment of Sentenced provided. There is no response situation is being presented in Inmates limiting its use. The to the suggestion to put the this article. It focuses on the State should amend current medical service under the situation of detention centers “jurisdiction of the Ministry of and prisons in Japan, one of the legislation to ensure that solitary confinement remains Health.” There is a statement issues discussed in the UPR that the overcrowding of the an exceptional measure of process. penal institutions is being limited duration. In particular, addressed. Later in 2012, the second UPR the State should systematically of Japan’s reports will be held. review all cases of prolonged The national report of Japan Will there be new answers to solitary confinement, by means does not discuss the issues old issues? of a specialized psychological regarding non-inclusion of the and psychiatric evaluation, definition of torture in the penal Detention Centers and Prisons with a view to releasing those law, and solitary confinement. whose detention can be The 2008 UN summary report considered in violation of the The UN summary report on observations of the treaty Convention.4 discusses the long-standing monitoring bodies on detention issue of substitute prison system centers and prisons in Japan The report further states that:5 called daiyo kangoku:7 raises questions:2 15. The general conditions of 17. In 2007, CAT was deeply 14. CAT [Committee Against detention in [Japanese] penal concerned at the systematic Torture] noted with concern institutions, including use of the Daiyo Kangoku that a definition of torture, as overcrowding, were of concern substitute prison system for the provided by article 1 of the to CAT. The Committee prolonged detention of arrested Convention [against Torture recommended that Japan take persons even after they appear and Other Cruel, Inhuman or effective measures to improve before a court, and up to the D e g ra d i n g Tr e a t m e n t o r conditions of detention, ensure point of indictment. This may Punishment], was not included strict monitoring of restraining lead to a de facto disrespect of 2 FOCUS ASIA-PACIFIC JUNE 2012 VOLUME 68 the principles of the Concluding Observations of the in police facilities or in penal presumption of innocence, Human Rights Committee on institutions. The State should right to silence and right of Japan’s Fifth Periodic Report11 take all appropriate measures to defence.8 Similar concerns provides additional explanation ensure that the right of inmates were raised by the HR [Human that justifies the continued to complain can be fully Rights] Committee in 1998.9 existence of daiyo kangoku. exercised.14 In relation to Essentially, the argument for victims of sexual violence, CAT During the interactive dialogue continued use of daiyo kangoku also called for the prompt and of the UPR, Japan’s response is that it is “operated for swift impartial investigation of 10 further explained this issue: and appropriate investigation allegations of torture and ill- With regard to the police and also for the convenience of treatment with a view to detention system, it was the detainee’s defence counsel prosecuting those responsible.15 12 explained that the necessity of and family members.” Additionally, the State should detention was strictly The UN summary report also take appropriate measures to examined by the police, a mentions the issue of ensure that all victims of acts prosecutor, and a judge in due complaints mechanism:13 of torture or ill-treatment can order, and that a judge decides exercise fully their right to on its necessity and the 24. Additionally, CAT was r e d r e s s , i n c l u d i n g placement of the detention for concerned at: (a) the lack of an c o m p e n s a t i o n a n d a maximum of 10 days. A effective complaints system for rehabilitation.16 prosecutor and a judge persons in police custody; (b) respectively review the the lack of authority of the Japan responded to this issue by necessity of the extension of Board of Visitors for Inspection stating during the interactive the detention, and a judge of Penal Institutions to dialogue of the UPR that “a order is also necessary for the investigate cases or allegations complaints mechanism has extension, which cannot of acts of torture or ill– been developed in order to exceed 20 days in total. The treatment; (c) the lack of ensure the appropriate treatment of detainees.” In its Delegation stated that the independence of the Review national report, it cites as one of substitute detention system was and Investigation Panel on the amendments to the penal indispensable to carrying out Complaints by Inmates in law (Act on Penal Detention prompt and effective Penal Institutions and its Facilities and Treatment of investigations. At the police limited powers to investigate cases directly; (d) statutory Inmates and Detainees) that detention facilities, “(C)omplaint mechanisms investigative officers were not limitations on the right of inmates to complain and the consisting of a petition for allowed to control the review, report of cases and treatment of detainees; impossibility of defence counsel assisting clients to file filing of complaints are detention operations were provided.” Thus a complaints conducted by the detention a complaint; (e) reports of adverse consequences for mechanism has been developed division of the facility, which is where a “petition of objection inmates as a result of having not involved in investigations may be sent to the Prefectural filed a complaint and of at all. The Delegation also Public Safety Commission, a lawsuits rejected on the explained that, regardless of third party institution which grounds that the term for the type of crime committed, controls the prefectural police.” d e t a i n e e s c a n h a v e claiming compensation had consultations with their lawyer expired.
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