Human Rights Council elections 2008 - Japan

Despite the global trend towards abolition, Japan retains the death penalty.  Executions are typically carried out in secret and prisoners are informed only hours before their execution, while their families receive no notification of their imminent execution.

In an extremely slow legal process, accused persons spend long periods in detention waiting to be tried and even longer waiting for appeals to be heard in court. Some prisoners have been on death row for decades, and some elderly persons have been executed. 

In August 2007, Japan executed Takezawa Hifumi, who – according to doctors acting for both the prosecution and the defence – had been suffering from mental illness.

Under the daiyo kangoku (substitute prison) system a person can be detained for up to 23 days without charge. There are no rules on the length of interrogations, which are not recorded and carried out without a lawyer present.  The National Police Agency issued guidelines for conducting interrogations in January 2008; however, these fall far short of the recommendations made by the Committee against Torture.

The daiyo kangoku system is routinely used to obtain ‘confessions’ through torture or other ill-treatment, including beatings, intimidation, and sleep deprivation. The Committee against Torture and the Human Rights Committee have made repeated calls on the government to bring the daiyo kangoku system into line with international standards. 

Amnesty International is concerned that the 2006 Immigration Control and Refugee Recognition Act does not expressly prohibit the return of asylum-seekers to countries where there is a risk of torture, contrary to Japan’s obligations under international law.  The recognition rate of asylum-seekers for refugee status is low and the process to determine refugee status is very slow.  Moreover, access to an independent review of asylum decisions is insufficient, as is access to medical treatment in immigration centres.

Up to 200,000 women were sexually enslaved by the Japanese Imperial Army before and during World War II. Contrary to the legal position upheld by the government, the "comfort women" sexual slavery system violated many international laws that existed at the time. 

Survivors suffer from physical and mental ill-health, isolation, shame and often extreme poverty as a result of their enslavement, and continue to be denied justice.  This prolongs the humiliation and suffering of the "comfort women" survivors and thus represents an ongoing serious violation of their human rights.

Domestic human rights legislation is inadequate, including in the areas of rights of indigenous peoples, discrimination against children born out of wedlock and explicit criminalisation of torture and discrimination.  UN human rights monitoring bodies have made a number of recommendations to address these shortcomings; however, the government has failed to act on these. 

There is also an increase in discriminatory measures against non-nationals in Japan.  New legislation, passed in November 2007, fast-tracks procedures to deport anyone deemed a "possible terrorist", denying individuals the right to appeal against a decision to deport, including those with a claim to international protection.

Japan has no independent national human rights institution that fulfils the requirements of the Paris Principles. The lack of independence of the existing Human Rights Commission undermines its authority.

Recent Amnesty International statements and reports:

General

Seen Amnesty International Annual Report extracts for Japan, 2005-2007

Death Penalty and daiyo kangoku system of pre-trial detention

Japan: Amnesty International condemns executions (Press Release, 7 December 2007)
Japan: Three executed ahead of United Nations General Assembly resolution (Public Statement, 7 September 2007)
Open Letter to the Minister of Justice of Japan, The Hon. Nagase Jinen (25 January 2007)
Japan: “Will this day be my last?” The death penalty in Japan (Report, 7 July 2006)

Survivors of Japan’s military sexual slavery system before and during World War II

Japan: Open Letter to Prof. Dr. Hans-Gert Pöttering, President of the European Parliament (14 November 2007)
Japan/US: US House of Representatives resolution an important step towards justice for ‘comfort women’ (News Flash, 30 July 2007)
Japan: Amnesty International welcomes US congressional committee passing ‘comfort women’ resolution (Press Release, 28 June 2007)
Japan: Still waiting for justice after 60 years – justice for survivors of Japan’s military sexual slavery system (Report, 28 October 2005)

Ratification of International Treaties

Treaty Status Recognition of specific competences of Treaty Bodies Reservations/Declarations
International Covenant on Civil and Political Rights (ICCPR) Ratified None Entered
Optional Protocol to the ICCPR      
Second Optional Protocol to the ICCPR on the death penalty      
International Covenant on Economic, Social and Cultural Rights Ratified   Entered
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Ratified    
Optional Protocol to CEDAW      
International Convention on the Elimination of All Forms of Racial Discrimination Acceded None Entered
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Acceded Art. 21 (State communications)  
Optional Protocol to CAT      
Convention on the Rights of the Child (CRC) Ratified   Entered
Optional Protocol to the CRC on children in armed conflict Ratified   Entered
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography Ratified    
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families      
International Convention for the Protection of All Persons from Enforced Disappearance Signed    
Rome Statute of the International Criminal Court Ratified    
Convention Relating to the Status of Refugees Acceded   Entered
Protocol Relating to the Status of Refugees Acceded    
The Four Geneva Conventions Ratified    
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts Ratified   Entered
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts Ratified    
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem      

Compliance with Reporting Obligations

Total Overdue Reports Up to 5 years overdue 5 -10 years overdue 10 years or more overdue
9 CEDAW: 6th periodic report
CERD: 5th and 6th periodic reports
CESCR: 3rd periodic report
CRC: 3rd periodic report
CRC OP AC: initial report
CRC OP SC: initial report 

CERD: 3rd and 4th periodic reports  

 

Cooperation with the Special Procedures

Extension of a standing invitation   Outstanding visit requests (year requested) Forthcoming visits (dates if available) Missions carried out between May 2007 and April 2008
None Special Rapporteur on Toxic Waste (2005)
Special Rapporteur on Migrants (2006)
Working Group on Arbitrary Detention (2007)
Special Rapporteur on Trafficking (agreed in principle) Special Rapporteur on human rights in the DPRK (Jan. 2008)

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