CCPR/C/JPN/CO/6 The State party should take all measures to abolish the substitute detention system or ensure that it is fully compliant with all guarantees in articles 9 and 14 of the Covenant, inter alia, by guaranteeing: (a) That alternatives to detention, such as bail, are duly considered during pre-indictment detention; (b) That all suspects are guaranteed the right to counsel from the moment of apprehension and that defence counsel is present during interrogations; (c) Legislative measures setting strict time limits for the duration and methods of interrogation, which should be entirely video-recorded; (d) A complaint review mechanism that is independent of the prefectural public safety commissions and has the authority to promptly, impartially and effectively investigate allegations of torture and ill-treatment during interrogation. Expulsion and detention of asylum seekers and undocumented immigrants 19. The Committee expresses concern about reported cases of ill-treatment during deportations, which resulted in the death of a person in 2010. The Committee is also concerned that, despite the amendment to the Immigration Control and Refugee Recognition Act, the principle of non-refoulement is not implemented effectively in practice. The Committee is further concerned at the lack of an independent appeal mechanism with suspensive effect against negative decisions on asylum, as well as at the prolonged periods of administrative detention without adequate giving of reasons and without independent review of the detention decision (arts. 2, 7, 9 and 13). The State party should: (a) Take all appropriate measures to guarantee that immigrants are not subject to ill-treatment during their deportation; (b) Ensure that all persons applying for international protection are given access to fair procedures for determination and for protection against refoulement and have access to an independent appeal mechanism with suspensive effect against negative decisions; (c) Take measures to ensure that detention is resorted to for the shortest appropriate period and only if the existing alternatives to administrative detention have been duly considered and that immigrants are able to bring proceedings before a court that will decide on the lawfulness of their detention. Surveillance of Muslims 20. The Committee is concerned about reports on widespread surveillance of Muslims by law enforcement officials (arts. 2, 17 and 26). The State party should: (a) Train law enforcement personnel on cultural awareness and the inadmissibility of racial profiling, including the widespread surveillance of Muslims by law enforcement officials; (b) of abuse. Ensure that affected persons have access to effective remedies in cases 7

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