CAT/C/JPN/CO/2
(a)
The establishment of the Inspection Guidance Division at the Supreme Public
Prosecutors Office, in July 2011;
(b)
The approval of the Third Basic Plan for Gender Equality, in December
(c)
July 2010;
The creation of the Immigration Detention Facilities Visiting Committee, in
2010;
(d)
The adoption of the 2009 Action Plan to Combat Trafficking in Persons, in
December 2009;
(e)
The compilation of the Policy on Ensuring Propriety of Examination in
Police Investigations, in January 2008.
C.
Principal subjects of concern and recommendations
Definition of torture
7.
The Committee is concerned that the State party has not taken any measures to adopt
a definition of torture that covers all the elements contained in article 1 of the Convention
(art. 1).
The Committee reiterates the recommendation made in its previous concluding
observations (CAT/C/JPN/CO/1, para. 10) that the State party incorporate into
domestic law the definition of torture as contained in article 1 of the Convention,
encompassing all its constituent elements which characterize torture as a specific
crime with appropriate penalties. The Committee considers, referring to its general
comment No. 2 (2007) on implementation of article 2 by States parties, that States
parties will directly advance the Convention’s overarching aim of preventing torture
by naming and defining the offence of torture in accordance with the Convention and
distinct from other crimes.
Statute of limitations
8.
While noting the Act No.26 of April 2010 abolishing or extending the statute of
limitations for certain crimes, the Committee is concerned that the statute of limitations
remains in place for acts of torture and ill-treatment, including attempts to commit torture
and acts by any person which constitute complicity or participation in torture (arts. 4 and
12).
The Committee reiterates its previous recommendation (para. 12) that the State party
bring its legislation on the statute of limitations fully in line with its obligations under
the Convention, so that perpetrators of acts of torture are prosecuted and convicted in
accordance with the gravity of the acts, as required by article 4 of the Convention,
without time limitations.
Non-refoulement and detention pending deportation
9.
The Committee expresses its concern about:
(a)
The use of lengthy, and in some cases, indefinite detention for asylum
seekers under a deportation order according to the Immigration Control and Refugee
Recognition Act (ICRRA) as well as the lack of independent review of such detention
decision;
(b)
2
The restrictive use of alternatives to detention for asylum seekers;