Joint Statement of Center for Prisoners' Rights and Japan Innocence & Death
Penalty Information Center to call Japanese government for a sincere dialogue:
Condemning the government for refusing a dialogue with international community
and not accepting capital punishment as a human rights issue
Introduction
The United Nations Human Rights Council completed the third cycle of the
Universal Periodic View of Japan on 19 March 2018.
The stance of the Japanese
government regarding the treatment of prisoners and capital punishment opposed
our view. The government has promised efforts to improve prison conditions in
principle, but it has not accepted any recommendations regarding capital
punishment.
Foreign views of Japan: Promises to improve the treatment of prisoners
In regard to prisoner treatment within Japan, several foreign countries have
made recommendations. Panama has called for the modification of regulations
concerning solitary confinement. Sweden and Canada have called for the
improvement of medical and dental care, as well as the implementation of
heating and cooling at all institutions. France requested greater protection of
the rights of those sentenced to death. Denmark urged stricter conformity with
the Standard Minimum Rules on Treatment of Prisoners (the Nelson Mandela
Rules). Spain and Zambia issued similar recommendations. Many governments
recommended that Japan accede to the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Although the Japanese government did not clearly accept these recommendations,
it has reported progress in improving prison conditions. Among these are
medical care and the installation of heating and cooling. It has also indicated
that inmates sentenced to death have been treated appropriately.
Needless to say, Japanese penal facilities still face serious problems in
regard to medical care, the lack of heat, and solitary confinement. We note
that due to the introduction of Correctional Medical Staff Act, and, the
establishment of the East Japan Correctional Medical Center, prisons' medical
staffing and medical services have been improved.
However, many inmates claim that it takes many days to see a doctor, and that
access to adequate medical care is often denied. Few facilities have proper
heating or cooling systems, except for those units in the extreme regions. Some
inmates even suffer from frostbite.
Nonetheless, we appreciate that the government shares these concerns, and
promises to make efforts for improvement in response to the international
community's recommendations.
Not accepting all recommendations regarding death penalty
In this year's review, 37 countries called for the abolition of capital
punishment, or, a moratorium on the use of capital punishment, as well as the
ratification of the second optional protocol to ICCPR. These include the
following specific and relatively easy-to-implement recommendations:
1) establishing a moratorium on the application of the death penalty, and the
abolishment of capital punishment (Brazil).
2) a system of mandatory appeals in death penalty cases (Switzerland); ensuring
the protection of the rights of those sentenced to death, by guaranteeing among
other things the suspensive effect of any appeal request or claim to review the
trial (France).
3) designation of an official body to promote informed debate on the reform of
the death penalty (Austria).
4) consideration of a capital punishment moratorium, and public debate about
the future use of the death penalty (Canada).
Nevertheless, the Japanese government did not accept any of these
recommendations. It retorted, "Japan believes that each sovereign country
should be allowed to make decisions on the issue of the death penalty
independently. Domestic public opinion, the existence of extremely vicious
crimes, and other factors make abolishment of the death penalty inappropriate.
A temporary moratorium is also inappropriate, since the final judgement must be
executed impartially and thoroughly under the rule of law."
It is clear that the Japanese government denies that capital punishment is a
fundamental human rights issue based on article 6 of the ICCPR. Such a stubborn
attitude raises serious concerns about Japan's commitment to promoting human
rights.
The government's response to the foreign community is unforgivable
The Japanese government has continued executions, even after the past 2 cycles
of the UPR. The government executed 3 death row inmates on 17 June 2008,
immediately after the outcome document of the 1st cycle was adopted on 12 June
2008. It executed 2 death row inmates on April 26, 2014, 1 month after the
outcome
document of the 2nd cycle was adopted on 14 March 2013. On 14 March 2018, when
the UN Human Rights Council was about to adopt another outcome document, the
Ministry of Justice transferred 7 of the 13 Aum Shinrikyo cult members on death
row from the Tokyo Detention House to other facilities. The Ministry offered
the lame explanation that the transfer was simply to detain the accomplices
separately. We believe that the Ministry of Justice wants to house the
defendants in different detention centers in order to carry out mass executions
at the same time.
It is unusual to execute those who are seeking retrial. This changed in July of
2017. Many of the 13 Aum members on death row are seeking retrial. We fear that
they might be executed despite exercising legal claims for retrial.
Olympic Games
Japan is a member of the UN Human Rights Council, and it will host the UN
Congress on Crime Prevention and Criminal Justice in Kyoto in 2020.
Furthermore, Japan will host the summer Olympics that year. If the government
ignores calls from the international community, and chooses to carry out
executions, whether they are Aum Shinrikyo cult members or other inmates on
death row, Japan will be degraded.
We demand that the government reconsider its antiquated and cruel stance
regarding the death penalty. If the government carries out a mass execution,
Japan's international reputation will be irreparably damaged. We demand that
the Minister of Justice, Ms Yoko KAMIKAWA, hold back mass executions, and under
the power of reason, step forwards and enter into a dialogue.
Source: Center for Prisoners' Rights (CPR) Japan Innocence & Death Penalty Information Center (
JIADEP), March 30, 2018
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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde
