Joint Statement ofCenter for Prisoners' Rights and Japan Innocence & Death Penalty Information Centerto call Japanese government for a sincere dialogue:
Condemning the government for refusing a dialogue with international community andnot accepting capital punishment as a human rights issue

I Introduction
The United Nations Human Rights Council completed the third cycle of the Universal
Periodic View of Japan on 19 March 2018. The stance of the Japanese government
regarding the treatment of prisoners and capital punishment opposed our view. The
government has promised efforts to improve prison conditions in principle, but it hasnot accepted any recommendations regarding capital punishment.

II Foreign views of Japan: Promises to improve the treatment of prisoners.
In regard to prisoner treatment within Japan, several foreign countries have maderecommendations. Panama has called for the modification of regulations concerning
solitary confinement. Sweden and Canada has called for the improvement of medicaland dental care, as well as the implementation of heating and cooling at all institutions.
France requested greater protection of the rights of those sentenced to death. Denmark
urged stricter conformity with the Standard Minimum Rules on Treatment of Prisoners(the Nelson Mandela Rules). Spain and Zambia issued similar recommendations. Many
governments recommended that Japan accede to the Optional Protocol to theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment orPunishment.
Although the Japanese government did not clearly accept these recommendations, it hasreported progress in improving prison conditions. Among these are medical care and theinstallation of heating and cooling. It has also indicated that inmates sentenced to death
have been treated appropriately.
Needless to say, Japanese penal facilities still face serious problems in regard to medicalcare, the lack of heat, and solitary confinement. We note that due to the introduction ofCorrectional Medical Staff Act, and, the establishment of the East Japan Correctional
Medical Center, prisons’ medical staffing and medical services have been improved.

1However, many inmates claim that it takes many days to see a doctor, and that access toadequate medical care is often denied. Few facilities have proper heating or coolingsystems, except for those units in the extreme regions. Some inmates even suffer fromfrostbite.
Nonetheless, we appreciate that the government shares these concerns, and promises tomake efforts for improvement in response to the international community’srecommendations.
III Not accepting all recommendations regarding death penalty.
In this year's review, 37 countries called for the abolition of capital punishment, or, amoratorium on the use of capital punishment, as well as the ratification of the second
optional protocol to ICCPR. These include the following specific and relatively
easy-to-implement recommendations:1) establishing a moratorium on the application of the death penalty, and theabolishment of capital punishment (Brazil).
2) a system of mandatory appeals in death penalty cases (Switzerland); ensuring theprotection of the rights of those sentenced to death, by guaranteeing among other things
the suspensive effect of any appeal request or claim to review the trial (France).
3) designation of an official body to promote informed debate on the reform of the death
penalty (Austria).
4) consideration of a capital punishment moratorium, and public debate about the future
use of the death penalty (Canada).
Nevertheless, the Japanese government did not accept any of these recommendations. It
retorted, “Japan believes that each sovereign country should be allowed to makedecisions on the issue of the death penalty independently. Domestic public opinion, theexistence of extremely vicious crimes, and other factors make abolishment of the death
penalty inappropriate. A temporary moratorium is also inappropriate, since the final
judgement must be executed impartially and thoroughly under the rule of law.”
It is clear that the Japanese government denies that capital punishment is a fundamental
human rights issue based on article 6 of the ICCPR. Such a stubborn attitude raises
serious concerns about Japan’s commitment to promoting human rights.
IV The government's response to the foreign community is unforgivable.
The Japanese government has continued executions, even after the past two cycles ofthe UPR. The government executed three death row inmates on 17 June 2008,
immediately after the outcome document of the first cycle was adopted on 12 June 2008.
It executed two death row inmates on April 26, 2014, one month after the outcome2document of the second cycle was adopted on 14 March 2013. On 14 March 2018,
when the UN Human Rights Council was about to adopt another outcome document,
the Ministry of Justice transferred 7 of the 13 Aum Shinrikyo cult members on deathrow from the Tokyo Detention House to other facilities.
The Ministry offered the lame explanation that the transfer was simply to detain theaccomplices separately. We believe that the Ministry of Justice wants to house thedefendants in different detention centers in order to carry out mass executions at thesame time.
It is unusual to execute those who are seeking retrial. This changed in July of 2017.
Many of the 13 Aum members on death row are seeking retrial. We fear that they might
be executed despite exercising legal claims for retrial.
Japan is a member of the UN Human Rights Council, and it will host the UN Congress
on Crime Prevention and Criminal Justice in Kyoto in 2020. Furthermore, Japan will
host the summer Olympics that year. If the government ignores calls from theinternational community, and chooses to carry out executions, whether they are Aum
Shinrikyo cult members or other inmates on death row, Japan will be degraded.
We demand that the government reconsider its antiquated and cruel stance regarding thedeath penalty. If the government carries out a mass execution, Japan’s international
reputation will be irreparably damaged. We demand that the Minister of Justice, Ms
Yoko KAMIKAWA, hold back mass executions, and under the power of reason, stepforwards and enter into a dialogue.
March 30th, 2018

Center for Prisoners’ Rights (CPR)
Japan Innocence & Death Penalty Information Center (JIADEP)

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