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
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