Joint Statement to Urge the Japanese government toimmediately accept the Country Visit by The UN
Working Group on Arbitrary Detention
January 20, 2020
JapanPrime Minister

Mr. Shinzo Abe

Minister of Foreign Affairs

Mr. Toshimitsu Motegi

Minister of Legal Affairs

Ms. Masako Mori

Minister of Health, Labor and Welfare

Mr. Katsunobu Kato

Chairman of the National Public Safety Commission

Mr. Ryota Takeda

Chief of Immigration Service Agency

Ms. Shoko Sasaki

I. PURPOSE
We demand Japanese government to take the following actions:
1Japanese government shall immediately accept the Country Visit of The UNWorking Group on Arbitrary Detention (the “WGAD”) (the ‘Country Visit”) andmake it happen.

2

Japanese government shall fully cooperate with the Country Visit.

3

When the WGAD makes recommendations based on the Country Visit, Japanese
government shall remediate the human rights violations in Japan in connection
with the arbitrary detention pursuant to the recommendations.

II. REASON
1

We are ordinary citizens, lawyers, scholars and health care providers and alike
who are tackling the human rights violations in connection with the arbitrary
detention in each field of the immigration detention, the criminal detention and thepsychiatric care.

2Today, the human rights violations in each field of the immigration detention,
the criminal detention and the psychiatric care are becoming more serious in Japan.
These human rights violations infringe the international human rights standard and1 / 6

Japan has been urged to remediate these human rights violations repeatedly by The
United Nations Human Rights Council (the “UNHRC”) and The United Nations
Human Rights Treaty Bodies, (the “UNHRTB”), but the human rights violations
are far from being remediated and not only that, it has been worsening in the eachfield in recent years as explained below.
3In the field of the immigration detention, a lack of judicial review in respect ofthe detention/release, a lack of ascertained detention period under the deportation
order and such detention is indefinite, detentions of asylum seekers and alikewhose detentions are unnecessary, have been rebuked, nonetheless in the recent
few years, it has been obvious that the period of detention has lengthened andconsiderable deterioration of the detainees’ health has been serious concern.
In June of 2019, there was a tragic incident in Omura Immigration Center whichshould never happen in detention centers. A Nigerian citizen died from astarvation.
On August 8, 2019, the Japan Federation of Bar Associations (the “JFBA”)
concerned with worsening of the situation surrounding the immigration detention
also publicly made a statement to demand taking immediate action.
（https://www.nichibenren.or.jp/document/statement/year/2019/190808.html）
Furthermore, in respect of the treatments of the detainees during the detention,
violence by staff members and unreasobale withholding of medical treatment
have been repeatedly reported and most recently in January 2019, there was aviolent incident in East Japan Immigration Center that about 6 staff members“suppressed” a detainee who requested a medication by use of physical force
such as pushing down the detainee’s neck and cuffing the detainee on back hand.
Also, it has been reported that a detainee who had claimed a pain in his testis
was left untreated medically for three and half a month. As a result, he was foundto be suffering from a testis cancer during his provisional release and his testis had
to be removed.
On October 10, 2019, the Individual Compliant was submitted to the WGAD
with regards to the re-detention of two asylum seekers following their two-weekprovisional release and after they had been placed under the more than three yearsof long-term detention.

4

In the field of criminal detention, there are following human rights violations andthese violations have caused many false charges due to forced thus untrue
confessions.
First, in the field of detention in police stations and detention of unsentenced
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persons: the persistence in using police cells as prisons (“daiyo-kangoku”) and theprolonged detention period, the persistence in long hours of police interrogation,
the refusal of attendance of lawyers in the police interrogations, a lack of bailsystem before prosecution, tolerating detention for reason of destruction ofevidence although the risk is uncertain, the court tolerating prohibition on
contacting outside world: family and friends (“sekken-kinshi-shobun”), a lack of
medical treatment inside the facility, cruel bail conditions that make engaging insocial activities impossible.
Furthermore, with regards to the detention in criminal facilities, there are humanrights violations such as an extensive use of solitary detention, the lack of
independence of medical treatment in the facilities, the cruel measures to maintaindiscipline and order for a slight violation of a rule, practice of rarely allowed parole,
where, among 1,800 inmates sentenced to life in prison, less than ten of them aregranted with provisional release per year. These human rights violations havephysically and mentally harmed the detainees.
These treatments all violate Article 7, 9, 10 and 14 of the International Covenant
on Civil and Political Rights (the “ICCPR”).
Under the worsening of these situations, JFBA has adopted the Declaration on
Protection of Human Rights Convention which demands the establishment of rightto have lawyer present during the police interrogation, and reform of physicalrestraint system under the criminal procedure (enforcement of principle of physicalunrestraint without fail, adoption of system for order to restrict residence etc. asalternative to detention, adoption of bail before prosecution, reduction of the timeofphysicalrestraintandregulation

overinterrogationtime)etc.

（https://www.nichibenren.or.jp/document/civil_liberties/year/2019/2019_1.html ）In January 2019, Mr. Hiroji Yamashiro who is a leader of a group opposing therelocation of U.S. airport in Futenma to Henoko in Nago city was detained in acriminal facility for 5 months for a property damage charge in relation to protest
against the relocation. The WGAD has issued an opinion that this long-term
detention punished the exercise of civil liberty (Category 2) and it is discrimination
against civil activist (Category 5) that it falls under the arbitrary detention.
Nonetheless, no remediation has been evidenced and contrarily, the family ofMr. Carlos Ghosn, the former chairman of Nissan Mortors who was arrested andprosecuted for the violation of Companies Act (aggregated breach of trust)(“Tokubetu- Hainin”) submitted the Individual Complaint to the WGAD in respectof Mr. Ghosn’s long-term detention and bail conditions.
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Furthermore, on July 8, 2019, some of 77 (cumulative number) union membersof the All Japan Construction Transportation Solidarity Union’s Kansai Region
Ready-mixed Concrete Branch (RCB) who were arrested and prosecuted forattempted extortion and obstruction of business submitted the Individual
Complaint in respect of Labor rights infringement, improper detention and long term detention to the WGAD.
5In the field of psychiatric care, the arbitrary detention has been caused bypervasiveness of conditions for compulsory hospitalization, the lack of judicial
review for deprivation of freedom, the inadequacy of procedure to remediateviolation of patients’ rights, the inadequate alternative measure to hospitalization
which can prevent prolonging unnecessary hospitalization.
The involuntary hospitalization which makes self-harm and harming others as
its condition is initiated based on the decision of a prefectural governor and theconditions are extremely broadly interpreted and applied.
A protective hospitalization for medical care which makes the lack of ability
to consent as a condition is decided by the administrators of private hospitals andthe cases that hospitalizing the patients who do not need to be hospitalized are notrare in both types of the involuntary hospitalizations.
Furthermore, the case that the Examination Committee of Psychiatric Careunder the authority of prefectural govern which examines the application ofdischarge of hospitalized patients to grant the discharge is extremely rare.
Furthermore, because Japanese government does not develop the social
resource to avoid the hospitalization, many patients are continuously hospitalized
without need. The United Nations Human Rights Committee and the Committee
against Torture have pointed out that these problems should be remediated.
In April 19, 2018, the WGAD issued its opinion that six months of long-term
involuntary hospitalization of a male who had schizophrenia which was triggeredby attempted theft of one bottle of coca cola was without legal basis (Category 1)
and discrimination against a person with disability and therefore it falls under thearbitrary detention.
Furthermore, in January 16, 2019, the WGAD issued an opinion that
hospitalization a female who mistakenly dirtied a bed in a hotel in a psychiatrichospital for long-term of two years falls under arbitrary detention as well.

6Japan has been a member state of the UNHRC since 2017 and it was reelected
on October 17, 2019. Accordingly, Japan will continue to serving as a member
state for three years from January 2020.
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(https://www.mofa.go.jp/mofaj/press/release/press4_007933.html）.
Japan who is a member state of UNHRC ignoring the opinions from theWGAD under the council and urges from each UNHRTB cannot be tolerated.
Japan must sincerely react to the opinions and the urges and tackle the problemsof detention in the each field of the immigration detention, the criminal detention
and the psychiatric care which continues to worsen in recently years andremediation of human rights violations must be in order.
For that, accepting the Country Visit of the WGAD which consists ofinternational professionals for detention problems and obtain therecommendation and the advice from the same based on their fact-finding
inspection is absolutely necessary.
However, while Japan has officially received the request of the Country Visit atleast twice, in April 15, 2015 and February 2, 2018, the Country Visit to Japan has
not happened.
Where the WGAD is a special procedure under the UNHRC, Japan who is themember state of the UNHRC has the obligation to eliminate any and all obstacles
to the Country Visit of the WGAD and to make it happen in order to comply andexecute the representation and pledge of “Standing Invitation” it made in March
1, 2011 and the voluntary pledge it made at the election of member state in 2016:
which were “it will proactivity participation in UNHRC”, “it values the role ofspecial procedure” and “it will continue to firmly cooperate to enable theproductive and constructive communication with special rapporteurs goingforward”.
7Therefore, we demand Japanese government to take following actions as statedin the Purpose of this Joint Statement:(1) Japanese government shall immediately accept the Country Visit by theWGAD and make it happen.
(2) Japanese government shall fully cooperate with the Country Visit.
(3) When WGAD makes recommendation under the Country Visit, Japanese
government shall remediate the violation of human rights in connection withthe arbitrary detention pursuant to the notification.

Japan Lawyers Network for Refugees
Solidarity Network with Migrants Japan
Center for Prisoners’ Rights
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Japanese Lawyers and Citizens Network for the Medical Aid of Welfare andHuman Rights
Human Rights Now
Immigration Review Task Force
Kanto Provisional Release Association in Japan
Hammersmith Promise (Attorneys Fighting against Mandatory Detention Policy)
Citizen’s Network for the All Japan Construction Transportation Solidarity
Union’s Kansai Region Ready-mixed Concrete Branch (RCB)
Catholic Commission of Japan for Migrants, Refugees and People on the Move6 / 6