CCPR/C/JPN/CO/5
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interrogation to persuade the suspect to disclose the truth, and the sporadic and selective use of
electronic surveillance methods during interrogations, frequently limited to recording the
confession by the suspect. It also reiterates its concern about the extremely high conviction rate
based primarily on confessions. This concern is aggravated in respect of such convictions that
involve death sentences (art. 7, 9 and 14).
The State party should adopt legislation prescribing strict time limits for the
interrogation of suspects and sanctions for non-compliance, ensure the systematic use
of video-recording devices during the entire duration of interrogations and guarantee
the right of all suspects to have counsel present during interrogations, with a view to
preventing false confessions and ensuring the rights of suspects under article 14 of the
Covenant. It should also acknowledge that the role of the police during criminal
investigations is to collect evidence for the trial rather than establishing the truth,
ensure that silence by suspects is not considered inculpatory, and encourage courts to
rely on modern scientific evidence rather than on confessions made during police
interrogations.
20. The Committee is concerned that the Penal Institution Visiting Committees, the Detention
Facilities Visiting Committees established under the 2006 Act on Penal Detention Facilities and
Treatment of Inmates and Detainees, the Review and Investigation Panel for Complaints from
Inmates of Penal Institutions reviewing complaints that have been dismissed by the Minister of
Justice, and the Prefectural Public Safety Commissions responsible for reviewing complaints,
petitions for review and reports of cases submitted by detainees lack the independence, resources
and authority required for external prison or detention monitoring and complaint mechanisms to
be effective. In this regard, it notes the absence of any verdicts of guilt or disciplinary sanctions
against detention officers for crimes of assault or cruelty during the period from 2005 to 2007
(art. 7 and 10).
The State party should ensure (a) that the Penal Institution and Detention Facilities
Visiting Committees are adequately equipped and have full access to all relevant
information in order to effectively discharge their mandate and that their members
are not appointed by the management of penal institutions and police detention
facilities; (b) that the Review and Investigation Panel for Complaints from Inmates of
Penal Institutions is adequately staffed and that its opinions are binding on the
Ministry of Justice; and (c) that the competence for reviewing complaints submitted
by detainees is transferred from the Prefectural Public Safety Commissions to an
independent body comprising external experts. It should include in its next periodic
report statistical data on the number and nature of complaints received from
prisoners and detainees, the sentences or disciplinary measures imposed on
perpetrators and any compensation provided to victims.
21. The Committee is concerned that death row inmates are confined to single rooms day and
night, purportedly to ensure their mental and emotional stability, and that lifetime prisoners are
sometimes also placed in solitary confinement for protracted periods of time. It is also concerned
about reports that inmates may be confined to protection cells without prior medical examination
initially for a period of 72 hours, which is indefinitely renewable, and that a certain category of
prisoners are placed in separate “accommodating blocks” without the opportunity to appeal
against this measure (art. 7 and 10).