CCPR/C/JPN/CO/6
remedies. The State party should intensify its awareness-raising activities to combat
stereotypes and prejudice against lesbian, gay, bisexual and transgender persons,
investigate allegations of harassment against lesbian, gay, bisexual and transgender
persons and take appropriate measures to prevent such stereotypes, prejudice and
harassment. It should also remove the remaining restrictions in terms of eligibility
criteria applied to same-sex couples with respect to publicly operated housing services
at the municipal level.
Hate speech and racial discrimination
12.
The Committee expresses concern at the widespread racist discourse against
members of minority groups, such as Koreans, Chinese or Burakumin, inciting hatred and
discrimination against them, and the insufficient protection granted against those acts in the
Criminal and Civil Codes. The Committee also expresses concern at the high number of
extremist demonstrations authorized, the harassment and violence perpetrated against
minorities, including against foreign students, and the open display in private
establishments of signs such as those reading “Japanese only” (arts. 2, 19, 20 and 27).
The State should prohibit all propaganda advocating racial superiority or hatred that
incites discrimination, hostility or violence, and should prohibit demonstrations that
are intended to disseminate such propaganda. The State party should also allocate
sufficient resources for awareness-raising campaigns against racism and increase its
efforts to ensure that judges, prosecutors and police officials are trained to detect hate
and racially motivated crimes. The State party should also take all necessary steps to
prevent racist attacks and to ensure that the alleged perpetrators are thoroughly
investigated, prosecuted and, if convicted, punished with appropriate sanctions.
Death penalty
13.
The Committee remains concerned that several of the 19 capital offences do not
comply with the Covenant’s requirement of limiting capital punishment to the “most
serious crimes”, that death row inmates are still kept in solitary confinement for periods of
up to 40 years before execution, and that neither the inmates nor their families are given
prior notice of the day of execution. The Committee notes, furthermore, that the
confidentiality of meetings between death row inmates and their lawyers is not guaranteed,
that the mental examinations to determine whether persons facing execution are “in a state
of insanity” are not independent and that requests for a retrial or pardon do not have the
effect of staying the execution and are not effective. Moreover, reports that the death
penalty has been imposed on various occasions as a result of forced confessions, including
in the case of Iwao Hakamada, are a matter of concern (arts. 2, 6, 7, 9 and 14).
The State party should:
(a)
Give due consideration to the abolition of death penalty or, in the
alternative, reduce the number of eligible crimes for capital punishment to the most
serious crimes that result in the loss of life;
(b)
Ensure that the death row regime does not amount to cruel, inhuman or
degrading treatment or punishment by giving reasonable advance notice of the
scheduled date and time of execution to death row inmates and their families and
refraining from imposing solitary confinement on death row prisoners except in the
most exceptional circumstances and for strictly limited periods;
(c)
Immediately strengthen the legal safeguards against wrongful sentencing
to death, inter alia, by guaranteeing to the defence full access to all prosecution
materials and ensuring that confessions obtained by torture or ill-treatment are not
invoked as evidence;
4