16. In the light of the Committee’s previous recommendations (para. 18) and the evaluation of its implementation (see CCPR/C/116/2 and CCPR/C/120/2), please report on measures taken to abolish the substitute detention system (Daiyo Kangoku) or to ensure its full compatibility with all guarantees in articles 9 and 14 of the Covenant, including clarification on: (a) whether alternatives to detention, such as bail, are duly considered during pre-indictment detention and resorted to in practice; (b) whether steps have been taken to ensure that defence counsel is present during all interrogations; (c) the eligibility criteria for court-appointed counsel under the bill enacted in May 2016 and availability of such legal assistance from the moment of apprehension; (d) whether strict time limits for the duration and methods of interrogation have been set; (e) whether an independent complaint mechanism to investigate promptly, impartially and effectively allegations of torture and ill-treatment during interrogation has been established. 17. Please report on regulations governing the use of solitary confinement against prisoners and on measures taken to ensure that solitary confinement is imposed as a measure of last resort, that it is proportionate to the offence committed and that it is applied for as short a period of time as possible. Please comment on the reports of prolonged solitary confinement and the increase in the number of prisoners placed in solitary confinement for more than 10 years, including prisoners with mental disabilities. Please elaborate on steps taken to improve healthcare in prisons and report on the impact of the Act on Special Provisions for the Subsidiary Work and Working Hours of Correctional Medical Officers of 2015 in addressing the chronic shortage of medical staff in penitentiary institutions. Please respond to reports of restrictions of contact with the outside world on broadly formulated grounds, censorship of correspondence from lawyers and prison staff attending interviews conducted by lawyers from the human rights protection committees and local bar associations with prisoners, and report on measures taken to ensure the confidentiality of such meetings. Please clarify what are the criteria for release on parole of prisoners serving life sentences and provide information on the number of such releases since July 2014. Elimination of slavery, servitude and trafficking in persons (art. 8) 18. With reference to the Committee’s previous recommendations (para. 14) and the evaluation of its implementation (see CCPR/C/116/2 and CCPR/C/120/2), please report on the 28 December 2015 agreement and any further measures taken to address the issue of sexual slavery (“comfort women”) perpetrated by the Japanese military during the Second World War, which may lead to: investigation of all allegations of sexual slavery or other human rights violations against the “comfort women” and prosecute perpetrators; ensuring that full reparation, including compensation and rehabilitation, is provided to victims of sexual slavery and their families irrespective of their nationality; disclosing all available evidence; condemning, officially and publically, attempts to defame victims or to deny the events; and to expressing an unequivocal public apology and official recognition of the responsibility of the State party. Please also elaborate on efforts to educate students and the general public about the issue of comfort women including through references in textbooks, and respond to allegations of influence by authorities in the preparation of school textbooks relating to historical events, in particular the issue of comfort women, intended to remove references to this issue. 19. In reference to the previous concluding observations (para. 15), please report on measures taken to combat trafficking for purposes of sexual exploitation and forced labour, including to: (a) enhance victim identification procedures, particularly with regard to victims of forced labour; (b) provide specialized training to relevant officials; (c) investigate, prosecute and punish perpetrators with penalties commensurate with the seriousness of the acts committed (please provide relevant statistics since July 2014 on investigations, prosecutions, convictions and sanctions imposed); (d) ensure effective
victim protection and support measures, including adequate interpretation services and legal support for claiming compensation. 20. With reference to the Committee’s previous recommendations (para. 16) and the evaluation of its implementation (see CCPR/C/116/2 and CCPR/C/120/2), please: (a) provide information on recent measures, including legislative measures, taken to address the violations committed in relation to forcible return of intern trainees and low-paid labour, to expand the prohibition of forced training to training implementing organizations; and to provide for safeguards against reprisals and deportation of trainees complaining of violation of their rights; (b) clarify whether further measures to prevent recruitment of lowpaid intern trainees are being planned; (c) report on measures taken to increase the number of on-site inspections since the adoption of the Committee’s concluding observations in July 2014; (d) indicate what measures have been taken to ensure that human resources allocated to the Organization for Technical Intern Training and the periodicity of its inspections will enable it to carry out its functions effectively; (e) provide updated information on the number of complaints submitted annually by trainees since the adoption of the concluding observations and on the measures taken to establish a genuinely independent complaint mechanism. Treatment of aliens, including refugees and asylum seekers (arts. 7, 9, 10 and 13) 21. With reference to the previous concluding observations (para. 19), please report on measures taken to: (a) prevent ill-treatment during deportations; (b) ensure that all persons applying for international protection, including those place on ‘fast track’ procedures (Group B/C), are given access to fair and efficient asylum procedures and protection against refoulement); (c) provide access to an independent appeal mechanism with suspensive effect against negative decisions on asylum; (d) implement in good faith positive opinions in refugee cases of refugee adjudication councillors and the High Court; (e) ensure that the detention of asylum-seekers is used only as a measure of last resort, for the shortest possible period, and only after existing alternatives to administrative detention have been duly considered, and that asylum-seekers are able challenge the lawfulness of their detention before a court. In addition, please report on the implementation of alternatives to detention in practice and indicate whether there are plans to expand the existing alternatives to detention. Please clarify whether the State party intends to adopt comprehensive asylum legislation, to introduce a maximum period of immigration detention, and to allow legal representatives to participate at all stages of the asylum procedure, and facilitate access by asylum seekers and refugees to the job market. Please also respond to reports of poor medical care in immigration detention facilities that allegedly lead to the death of a Vietnamese man on 25 March 2017. Right to privacy (art. 17) 22. With reference to the previous concluding observations (para. 20), please report on measures taken to prevent the blanket surveillance and information gathering activities targeting Muslims, to provide for safeguards against unlawful surveillance and for access to effective remedies in case of abuse. Please also clarify whether the use of surveillance cameras, including cameras offering facial recognition, and on-line surveillance is regulated by law. Freedom of thought, conscience and religious belief and freedom of expression (arts. 2, 18, 19 and 25) 23. In reference to the previous concluding observations (para. 22), please report on steps taken to clarify the vague and open-ended concept of “public welfare” and to ensure that it does not lead to restrictions on the rights to freedom of thought, conscience and
religion or freedom of expression beyond the narrow restrictions permitted in paragraph 3 of articles 18 and 19 of the Covenant. 24. Please report on any proposed amendments to article 21 of the Constitution and on their compatibility with the Covenant. Please clarify whether there are plans to review the legal framework governing the broadcast media to ensure that media regulation is independent of the government. Please respond to reports of government pressure over and interference with the media and harassment of journalists critical of the government or covering sensitive subjects, such as in the case of Takashi Uemura who reported on the issue of “comfort women” in the newspaper Asahi Shinbun, leading to media selfcensorship. Please clarify whether there are plans to review the restrictions imposed by the Public Office Election Act on political campaign activities. 25. In reference to the previous concluding observations (para. 23), please report on measures taken to ensure that the categories and subcategories of information that could be classified as secret under the Act on the Protection of Specially Designated Secrets are narrowly defined; that any restriction on the right to seek, receive and impart information complies with the principles of legality, proportionality and necessity to prevent a specific and identifiable threat to national security; and that no individual is punished for disseminating information of legitimate public interest that does not harm national security. In addition, please comment on the reported lack of sufficient independence of the oversight mechanisms established by the Act that do not have guaranteed access to the information in order to determine the appropriateness of its designation as secret. Please also clarify whether whistle-blowing regarding unethical behaviour in connection with the designation of secrets is protected under either the Act on the Protection of Specially Designated Secrets or the Whistle-blower Protection Act. 26. Please explain the compatibility with the Covenant of measures taken to enforce against teachers and students Directive 10.23 issued by the Tokyo Board of Education in 2003, including alleged application of force to compel students to stand in ceremonies and financial sanctions against teachers. Peaceful assembly (art. 21) 27. Please respond to allegations of undue restrictions on demonstrations, including recording of protesters, imposed particularly on protests against the Diet and protests in Okinawa that were met with excessive use of force and result in arrests, including of journalists covering such events, and disproportionate penalties against protesters. Right to participate in public life (arts. 25 and 26) 28. Please explain how the blanket denial of the right to vote to persons sentenced to imprisonment or severer punishment until completion of their sentences is compatible with the Covenant. Please clarify whether the State party is considering granting the right to vote in local elections, to foreign nationals who have acquired the right of permanent residence, including to those from the former colonies of Japan such as Koreans. Rights of minorities (arts. 26 and 27) 29. With reference to the previous concluding observations (para. 26), please report on measures taken to revise relevant legislation and fully guarantee the rights of Ainu, Ryukyu and Okinawa communities to their traditional land and natural resources, to ensure respect for their right to engage in free, prior and informed participation in policies that affect them and to facilitate, to the extent possible, education for their children in their own language. 30. Please also clarify whether there are plans to recognize Korean residents who have been living in Japan since the colonial times and their descendants as national or ethnic minority, and report on measures taken to protect their rights under the Covenant without
any discrimination on grounds of nationality, including in such matters as social security and the exercise of political rights. Please comment on reports alleging the exclusion of student in Korean schools from the Tuition Waiver and Tuition Support Fund Program for High School Education, and the de facto exclusion of certain very old and handicapped Korean residents from benefits under the National Pension Law.
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