CCPR/C/JPN/CO/6
In line with the Committee’s previous concluding
CCPR/C/JPN/CO/5, para. 23), the State party should:
observations
(see
(a)
Enhance victim identification procedures, particularly with regard to
victims of forced labour, and provide specialized training to all law enforcement
officers, including labour inspectors;
(b)
Vigorously investigate and prosecute perpetrators and, when convicted,
impose penalties that are commensurate with the seriousness of the acts committed;
(c)
Enhance the current victim protection measures,
interpretation services and legal support for claiming compensation.
including
Technical intern training programme
16.
The Committee notes with concern that, despite the legislative amendment
extending the protection of labour legislation to foreign trainees and technical interns, there
are still a large number of reports of sexual abuse, labour-related deaths and conditions that
could amount to forced labour in the technical intern training programme (arts. 2 and 8).
In line with the Committee’s previous concluding observations (see
CCPR/C/JPN/CO/5, para. 24), the State party should strongly consider replacing the
current programme with a new scheme that focuses on capacity-building rather than
recruiting low-paid labour. In the meantime, the State party should increase the
number of on-site inspections, establish an independent complaint mechanism and
effectively investigate, prosecute and sanction labour trafficking cases and other
labour violations.
Involuntary hospitalization
17.
The Committee is concerned that a large number of persons with mental disabilities
are subject to involuntary hospitalization on very broad terms and without access to an
effective remedy to challenge violations of their rights and that hospitalization is reportedly
prolonged unnecessarily by the absence of alternative services (arts. 7 and 9).
The State party should:
(a)
Increase community-based or alternative services for persons with
mental disabilities;
(b)
Ensure that forced hospitalization is imposed only as a last resort, for the
minimum period required, and only when necessary and proportionate for the
purpose of protecting the person in question from harm or preventing injury to
others;
(c)
Ensure an effective and independent monitoring and reporting system
for mental institutions, aimed at effectively investigating and sanctioning abuses and
providing compensation to victims and their families.
Substitute detention system (Daiyo Kangoku) and forced confessions
18.
The Committee regrets that the State party continues to justify the use of the Daiyo
Kangoku by citing the lack of available resources and the efficiency of the system for
criminal investigations. The Committee remains concerned that the absence of an
entitlement to bail or a right to State-appointed counsel prior to the indictment reinforces
the risk of extracting forced confessions in Daiyo Kangoku. Moreover, the Committee
expresses concern at the absence of strict regulations regarding the conduct of
interrogations and regrets the limited scope of mandatory video recording of interrogations
proposed in the 2014 “report for reform plan” (arts. 7, 9, 10 and 14).
6