The Alternative Report on the Initial Report of the Japanese Government by the CAT Network Japan (March, 2007)

The Alternative Report on the Initial Report of the Japanese Government underParagraph 1 of Article 19 of the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
Japan, 30th March, 2007
The CAT Network Japan

About our Coalition and the Purpose of this Alternative Report
The CAT 1 Network Japan is a coalition of NGOs working domestically to protect and promote humanrights of persons deprived of their liberty in prisons, immigration detention centers, and psychiatrichospitals. A brief introduction of each NGO follows. This alternative report on the initial report of theJapanese government under the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (hereinafter referred to as “the Convention”) was compiled for the purpose of
rendering the additional information and our concerns relating the issues arising under the Convention tothe Committee Against Torture (hereinafter referred to as “the Committee”). Because of our limited
resources and experiences, this report mainly focuses on issues concerning treatment of inmates in police
detention cells, prisons and immigration detention centers, and patients in mental health institutions. We
would be glad if this report would be one of the references of the Committee’s members.

Coalition Members:
The Center for Prisoners’ Rights Japan (CPR):
The Center for Prisoners' Rights is a non-profit, non-governmental organization established in 1995, withthe objective of improving prison conditions and prisoners’ treatment in Japan to comply with international
human rights standards. Our members include lawyers, academics, and human rights activists. The CPR
is working with international NGOs such as Amnesty International, Human Rights Watch, Penal Reform
International and others, and together we have held many international human rights seminars andconferences in Japan.
Address: c/o KIKUTA LAW OFFICE, Raffine Ochanomizu #807,
3-28-13, Kanda Ogawa-machi, Chiyoda-ku, Tokyo, 101-0052, Japan
Tel&Fax: +81(0)3-3259-1558, E-mail: cpr@jca.apc.org

The Immigration Review Task Force (IRTF) :The Immigration Review Task Force is a non-governmental, non-religious and non-profit organization
founded by citizens, lawyers, and academics in 1994. We have collected testimony of those who weredeported from Japan and other witnesses, by interviewing them not only in Japan but also in other countries
such as Peru, the Philippines, China, and Iran.
Address: c/o Gendai Jinbun Co., Ltd., Sato Building#201,
20 Shinano-machi, Shinjuku-ku, Tokyo, 160-0016, JapanThe Tokyo Center for Mental Health and Human Rights:
The Tokyo Center for Mental Health and Human Rights is a legal advocacy organization for mental healthservice users in Tokyo. It was established in March 1986 by a coalition of lawyers, mental healthprofessionals, community workers, patients and families after an infamous violation of patients’ rights at
Utsunomiya Hospital. The Center offers various services, including a Hot Line Service, visits to psychiatrichospitals in order to resolve problems of inpatients, and publication of human rights literature.
1“CAT” of our name means the Convention Against Torture.

iThe Alternative Report on the Initial Report of the Japanese Government by the CAT Network Japan (March, 2007)

Address: #301, 7-19-11, Nishishinju-ku , Shinjuku-Ku, Tokyo, 160-0023, Japan

Writers and Translators of this Report (alphabetical order)
Emi Akiyama
Yasushi Higashizawa
Tadashi ImaiEri Ishikawa
Yuichi Kaido
Jay Klaphake
Nobuko Kobayashi
Aya Kuwayama
James M Mandiberg
Yoshiaki Nakamoto
Kumiko Niitsu
Kiyoe Nishimura
Yoshika Satomi
Maiko Tagusari
Tohru Takahashi

Contact Person about this Report is as Follows:
Aya Kuwayama (Ms)
The Center for Prisoners’ Rights Japan, c/o KIKUTA LAW OFFICE, Raffine Ochanomizu #807,
3-28-13, Kanda Ogawa-machi, Chiyoda-ku, Tokyo, 101-0052, Japan
Fax: +81(0)3-3259-1558, E-mail: cpr@jca.apc.orgiiThe Alternative Report on the Initial Report of the Japanese Government by the CAT Network Japan (March, 2007)

Contents*the numbers refer to paragraph number/page

Background Information and Overview
Police Detention Cells, the So-called “Daiyo-Kangoku (Substitute Prison)”Prisons

1-8/01

9-25/02
A. Harsher Punishment and Overcrowded Prison – Background of Torture and Ill-treatment
B. Nagoya Prison Cases and Recommendation of the Council on Prisons
C. Positive Aspects and Concerns of the New Law
D. Remained Issues after Enforcement of the New Law

Asylum Seekers and Refugees
26-31/05
A. Overview of the Asylum Procedure
B. Recent DevelopmentsC. Challenges of Refugee Recognition Procedures
Immigration Detention Institutions
32-48/07
A. Foreigners in JapanB. Xenophobia and Deteriorating Conditions of Immigration Detainees
C. The Purpose of Management and Detention of Foreigners in Japan
D. Agendas for Implementation of Treaty and its Rights
Mental Health Institutions

49-52/10

Specific Information Relating to the Information of Articles 1 to 16, 19 and 22 of theConvention
Article 1
Definition of Torture and Japanese Legislation

53-61/11

Article 2 and Article 16
Japanese Legislation and Effective Measures to Prevent Torture
62-66/13
Police Detention Cells
67-70/13
Prisons 71-118/14
A. Longer Solitary Confinement
B. Death and Injury Cases Caused by Leather Handcuffs and Detention in “Protective Cells”
C. Disciplinary Measures / Punishment
D. RapeE. Treatment of Female Inmates during Pregnancy
F. Violence against Prisoners
G. Long Imprisonment of Prisoners Sentenced to Life
H. Overcrowding of Prisons
I. Disclosure of Related Information
Immigration Detention Institutions
119-140/23
A. Violence by Immigration Officers against Foreign Detainees
B. Role of the Isolation Room (the protection room)
C. Adoption of Metal Core Rope as Instrument of Restraint
D. Use of Drugs for Calming Detainees
E. Acts of Self Destruction and Various Health Hazards Due to Long Term or Indefinite
Detention
F. Mandatory Detention Regime --Detentions of People Inappropriate to Be Detained
Mental Health Institutions 141-148/28
The Death Penalty 149-153/29

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The Alternative Report on the Initial Report of the Japanese Government by the CAT Network Japan (March, 2007)

Article 3 154-164/31
Article 4 165-173/33
The Penal Legislation and Practice over Torture
Article 5-9

174-175/35

Article 10176-179/36
General Issues
Mental Health InstitutionsArticle 11
Police Detention Cells and Prisons180-188/37
A. Police Detention Cells
B. Prison
Mental Health Institutions 189-194/38
Article 12
Police Detention Cells and Prisons
A. Police Detention Cells
B. Prison195-200/40

Article 13
Independent Authority to Investigate Complaints of Human Rights Abuses
Police Detention Cells and Prisons203-215/42
A. Police Detention Cells
B. Prison
Immigration Detention Institutions
216-220/44
Mental Health Institutions 221-225/45

201-202/42

Article 14
General Issues
226-228/47
Police Detention Cells and Prisons229-237/47
A. State Compensation for Victims of Torture during Police Interrogation
B. State Compensation for Victims of Torture in Prisons
Immigration Detention Institutions
238-245/48
A. No Compensation is Expected
B. There Is No Right to Receive Any Type of Rehabilitation Treatment
Article 15226-248/52

Article 19249-251/53

Article 22252-253/53

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