Japan
Capital city — Tokyo
Country population
i01/08/2015Incarceration rate (per 100,000 inhabit…
i31/12/2014Type of government
Human Development Index
0.891(20/188)
Homicide rate (per 100,000 inhabitants)
Name of authority in charge of the pris…
Total number of prisoners
i31/12/2014Average length of imprisonment (in mont…
i2014/ Center for Prisoners’ Rights and Japanese Federation of Bar Associations (JFBA)Prison density
i2014/ ICPRTotal number of prison facilities
An NPM has been established
Female prisoners
i2014/ ICPRIncarcerated minors
i2014/ ICPRPercentage of untried prisoners
i2014/ ICPRDeath penalty is abolished
Safeguards
Admission and evaluation
A copy of the prison regulations is made available to the prisoners
yes
Prisoners are notified of internal rules and the administration ensures a booklet in each cell.
Access to rights
Prisoners can be assisted by a lawyer throughout their incarceration
Prisoners can write to their lawyers but these letters are read by authorities and subject to censoring. Prison wardens usually monitor meetings with lawyers also.
Physical integrity
Number of deaths in custody
298
Number of deaths attributed to suicide
-
Each institution announces inmate deaths and (possible) causes of these deaths, but official statistics do not include a breakdown of causes.
The prohibition of torture is enshrined in the Constitution and the legislation
yes
The prohibition of torture is enshrined in article 36 of the Constitution.
Articles 195 and 196 of the Criminal Code set out the penalties for such offences.
The United Nations Convention against Torture (UNCAT) was
yes, in 1999
Complaints
Detained persons have the possibility to lodge a complaint about their conditions of detention against the prison administration.
Japanese law provides three ways for convicted prisoners to raise concerns about treatment within the prison:
-
A procedure called ‘claim for review’ (shinsa no shinsei), in which complaints are directed to the superintendent of the regional correction headquarters about the implementation of prison rules (for example, punishment or refusal of medical treatment) within 30 days of any incident.
-
A procedure called ‘report of cases’ (jijitsu o shinkoku) by which you can complain to the superintendent of the regional correction headquarters if you are assaulted or unreasonably restrained within 30 days of any incident.
-
The third way to raise concerns is to make a complaint (kujo no shinshutsu) to either the warden of the institution, to an inspector conducting an on-the-spot inspection, or to the Minister of Justice.
If a prisoner is dissatisfied with the outcome of either of these procedures, they can appeal to the Minister of Justice.
The relevant form should be asked to a prison officer to raise concerns in one of these ways. While authorities permit prisoners and detainees to submit complaints without censorship and to request investigation of poor conditions, they are usually responded to with little detail beyond a final determination.
National Preventive Mechanisms and other external control bodies
The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) was
no
However, the government has so far been reluctant to ratify the Optional Protocol to the UNCAT (OPCAT), which requires the creation of an independent National Preventive Mechanism.
An NPM has been established
no
Sentence adjustments policies
The law provides for a sentence adjustment system
Sentence adjustments can be granted during the incarceration
There is no clear and substantive criterion for parole disclosed to prisoners. The level of parole granted by prison officers is very restricted.
Specific categories of prisoners are ineligible for sentence adjustment
Under a 1998 administrative order, persons sentenced to life imprisonment are not eligible for parole.
The law provides for a temporary release system
Commuting to the outside world, day leave and furloughs are sometimes allowed in order to encourage reform and rehabilitation and re entry into society.