Concluding observations on the second periodic report of Japan, adopted by the Committee at its fiftieth session (6-31 May 2013)

The Committee reiterates its previous recommendations (para.15) that the State party should:

1. Take legislative and other measures to ensure, in practice, separation between the functions of investigation and detention;
2. Limit the maximum time detainees can be held in police custody;
3. Guarantee all fundamental legal safeguards for all suspects in pre-trial detention, including the right of confidential access to a lawyer throughout the interrogation process, and to legal aid from the moment of arrest, and to all police records related to their case, as well as the right to receive independent medical assistance, and to contact relatives;
4. Consider abolishing the Daiyo Kangoku system in order to bring the State party’s legislation and practices fully into line with international standards.

The Committee reiterates its previous recommendations (para.16) that the State party should take all necessary steps to in practice ensure inadmissibility in court of confessions obtained under torture and ill-treatment in all cases in line with article 38(2) of the Constitution, article 319(1) of the Code of Criminal Procedure as well as article 15 of the Convention by, inter alia,:

1. Establishing rules concerning the length of interrogations, with appropriate sanctions for non-compliance;
2. Improving criminal investigation methods to end practices whereby confession is relied on as the primary and central element of proof in criminal prosecution;
3. Implementing safeguards such as electronic recordings of the entire interrogation process and ensuring that recordings are made available for use in trials;
4. Informing the Committee of the number of confessions made under compulsion, torture or threat, or after prolonged arrest or detention, that were not admitted into evidence based on article 319(1) of the Code of Criminal Procedure.