JFBA: JFBA Governors Adopt Recommendations on Detention System for Unconvicted and Suspects

	News Release


			October/1/2005 JFBA Governors Adopt Recommendations on Detention System for Unconvicted and Suspects

On September 16, 2005, the Board of Governors of the Japan Federation of Bar Associations (JFBA) adopted its recommendations aiming to drastically reform the detention system for unconvicted and suspected persons. Preparing for future legal reform, the recommendations give an overall picture of the detention system reform which the JFBA is requesting.

In the meeting among the Ministry of Justice, the National Police Agency and the JFBA resumed in this June, the Ministry of Justice and the National Police Agency have been opposing or expressing negative opinions against the JFBA opinions, and intense discussions are underway. Thus, in addition to making counterarguments with them, the JFBA recognized the necessity to provide our whole vision for the reform of the detention system for unconvicted and suspected persons. Therefore, we have prepared the above-mentioned recommendations. We have been requesting to set up an advisory panel and it is now most likely going to be established. We believe that it is significant that the JFBA presents its whole vision for the reform at this timing.

The recommendations consisting of over 50 pages are focusing on the following points.

	1.	Unconvicted and suspected persons should be detained under conditions where the principle of presumption of innocence is applied and assured. The recommendations include concrete measures to put this into practice such as outside contacts by telephone and prohibition of censorship of correspondence with defense attorneys, etc.
	2.	Daiyo-Kangoku which are police cells used as substitute prisons should be abolished, and police cells should be improved until their abolishment.
	3.	Specific problems with detention centers on defense attorney’s interviews at night or holidays, opportunities for education and work, appropriate medical treatment and living conditions, etc.
	4.	Outside contacts of death-penalty inmates are severely restricted except with their families and attorneys in the name of the necessity to keep them emotionally stable. Such treatment of death-penalty inmates should be reformed.

Especially, contacts by telephone and interviews by defense attorneys at night or in holidays in detention centers should be immediately admitted before the coming implementation of the public defense system for suspects and intensive trial sessions to be held daily. Our recommendations include specific requirements and measures to actualize such improvement. The JFBA will extensively use the recommendations in order to broadly appeal the necessity of this reform to the Diet and a wide range of citizens and will further enhance and develop the recommendations.