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with article 12, paragraphs 2 and 4, of the Covenant. The Committee reminds
the State party that the words “one’s own country” are not synonymous with
“country of one’s own nationality”. The Committee therefore strongly urges
the State party to remove from the law the necessity to obtain a permit to
re-enter prior to departure, in respect of permanent residents like persons of
Korean origin born in Japan.
19.
The Committee is concerned about allegations of violence and sexual
harassment of persons detained pending immigration procedures, including harsh
conditions of detention, the use of handcuffs and detention in isolation
rooms. Persons held in immigration detention centres may remain there for
periods of up to six months and, in some cases, even up to two years. The
Committee recommends that the State party review the conditions of detention
and, if necessary, take measures to bring the situation into compliance with
articles 7 and 9 of the Covenant.
20.
The Committee is gravely concerned that the number of crimes punishable
by the death penalty has not been reduced, as was indicated by the delegation
at the consideration of Japan’s third periodic report. The Committee recalls
once again that the terms of the Covenant tend towards the abolition of the
death penalty and that those States which have not already abolished the death
penalty are bound to apply it only for the most serious crimes. The Committee
recommends that Japan take measures towards the abolition of the death penalty
and that, in the meantime, that penalty should be limited to the most serious
crimes, in accordance with article 6, paragraph 2, of the Covenant.
21.
The Committee remains seriously concerned at the conditions under which
persons are held on death row. In particular, the Committee finds that the
undue restrictions on visits and correspondence and the failure to notify the
family and lawyers of the prisoners on death row of their execution are
incompatible with the Covenant. The Committee recommends that the conditions
of detention on death row be made humane in accordance with articles 7 and 10,
paragraph 1, of the Covenant.
22.
The Committee is deeply concerned that the guarantees contained in
articles 9, 10 and 14 are not fully complied with in pre-trial detention in
that pre-trial detention may continue for as long as 23 days under police
control and is not promptly and effectively brought under judicial control;
the suspect is not entitled to bail during the 23-day period; there are no
rules regulating the time and length of interrogation; there is no
State-appointed counsel to advise and assist the suspect in custody; there are
serious restrictions on access to defence counsel under article 39(3) of the
Code of Criminal Procedure; and the interrogation does not take place in the
presence of the counsel engaged by the suspect. The Committee strongly
recommends that the pre-trial detention system in Japan should be reformed
with immediate effect to bring it in conformity with articles 9, 10 and 14 of
the Covenant.