(Geneva/Tokyo, May 22, 2007) The Japan Federation of Bar Associations (JFBA) welcomed the Concluding Observations of the United Nations Committee Against Torture (CAT) issued on Monday. The Concluding Observations state that Japan "should take immediate and effective measures to bring pre-trail detention in conformity with international minimum standards.""As a matter (of) priority, the State Party should amend its legislation to ensure complete separation between the functions of investigation and detention" and "limit the maximum time detainees could be held in police custody to bring it in line with international minimum standards."  Furthermore, the Committee recommends the systematic monitoring by mechanisms such as electronic and video recording of all interrogations, access and presence of the defense counsel during interrogation, exclusion of illegal confessions, reconsideration of the treatment of detainee such as medical assistance in penal institutions and time limit for solitary confinement, express prohibition of deportation to countries where deported individuals could be subjected to torture, the establishment of an independent authority to review asylum applications, and the improvement of conditions of detention of persons on death row in line with international minimum standards. JFBA called upon the Japanese government to follow the recommendations immediately.

The Concluding Observations of the CAT for Japan were issued after the review session through May 9-10 of the first report from the Japanese government. The CAT was established as a treaty body consisting of experts to monitor the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the Japan ratified in 1999.

For the session, the JFBA has submitted the alternative report to the Committee to point out not only the problem of Daiyo Kangoku (substitute prison) system, but also the problems of refugee recognition, treatment in immigration detention facilities, death penalty, treatment in penal facilities, and to seek appropriate measures to be taken by the Japanese government. The alternative report also called for Japan's acceptance of the individual complaints procedure and ratification of the Optional Protocol to the Convention creating the mechanism of the in-country inspections of places of detention.

During the session for consideration, questions were raised and concerns were expressed repeatedly by expert members of the Committee that during a police detention under Daiyo Kangoku system, interrogations were possible under circumstances that made the detainees vulnerable, and which built up psychological pressure on detainees that could lead to confessions. That resulted in the Concluding Observations stating that the Committee is "deeply concerned with the prevalent and systematic use of the Daiyo Kangoku, substitute prison system, for the prolonged detention of arrested persons even after they appear before a court, and up to indictment, which, coupled with insufficient procedural guarantees for the detention and interrogation of detainees, increases the possibilities of abuse of their rights, and may lead to a de facto non-respect of the principles of presumption of innocence, right to silence and right of defense," which are supported by the JFBA.