*Executions are carried out by hanging. After years (in some cases decades) on death row, if a death warrant is finally issued, the condemned is only informed the morning of his or her execution. The condemned is given their choice of the last meal and the opportunity to write their will. The prisoner's family and legal representatives are not informed until after the execution has taken place. Consequently, there is no possibility of a final meeting or legal appeals. The condemned has no way of knowing if tomorrow will be their last day. We believe this amounts to mental torture.
*Although the right to "immediate privilege of counsel" is enshrined under article 34 of the Constitution, in practice, under the Criminal Procedural Code, police and prosecutors have the power to control or limit access to legal counsel when "deemed necessary for the sake of an investigation". Counsel may not be present during interrogations at any time before or after indictment. Incommunicado detention can be used for up to 23 days. This opens a window of abuse allowing coercion to "force" confessions. Only 0.03% of cases brought to trial, end in a complete aquittal.
*Many detention facilities are unheated and without air-conditioning. Inmates are not given sufficient clothing and blankets to protect themselves against cold weather, and there are continuing cases of frostbite among the prison population.
*Prisoners are not allowed to purchase or receive supplementary food.
*High court judges have said they consider "tour guide" certification as a suitable qualification to act as a police/courtroom interpreter! The specialized nature of judicial proceedings and legal terminology requires, at the very least, training to an acceptable minimum standard. It is no exaggeration to say that many years of, or indeed the very life of a defendant, hangs on the skill of an interpreter. Non-Japanese defendants are not allowed to hire their own interpreter.
In Japan:
*Executions are carried out by hanging. After years (in some cases decades) on death row, if a death warrant is finally issued, the condemned is only informed the morning of his or her execution. The condemned is given their choice of the last meal and the opportunity to write their will. The prisoner's family and legal representatives are not informed until after the execution has taken place. Consequently, there is no possibility of a final meeting or legal appeals. The condemned has no way of knowing if tomorrow will be their last day. We believe this amounts to mental torture.
*Although the right to "immediate privilege of counsel" is enshrined under article 34 of the Constitution, in practice, under the Criminal Procedural Code, police and prosecutors have the power to control or limit access to legal counsel when "deemed necessary for the sake of an investigation". Counsel may not be present during interrogations at any time before or after indictment. Incommunicado detention can be used for up to 23 days. This opens a window of abuse allowing coercion to "force" confessions. Only 0.03% of cases brought to trial, end in a complete aquittal.
*Many detention facilities are unheated and without air-conditioning. Inmates are not given sufficient clothing and blankets to protect themselves against cold weather, and there are continuing cases of frostbite among the prison population.
*Prisoners are not allowed to purchase or receive supplementary food.
*High court judges have said they consider "tour guide" certification as a suitable qualification to act as a police/courtroom interpreter! The specialized nature of judicial proceedings and legal terminology requires, at the very least, training to an acceptable minimum standard. It is no exaggeration to say that many years of, or indeed the very life of a defendant, hangs on the skill of an interpreter. Non-Japanese defendants are not allowed to hire their own interpreter.
We, the undersigned, hereby most earnestly and respectfully petition, in accordance with the principles of international justice and human rights, that the Government of Japan enact urgent measures to align Japan's justice and penal systems with those of other major nations. Nations which seek to implement the spirit of the International Bar Association's Human Rights Institute recommendations. We ask that Japan also adopt the "Fair Trial" model recommended by the Lawyers Committee for Human Rights.
We therefore humbly request:
1) An immediate moratorium upon the death penalty, leading to complete abolition.
2) The practical right to have legal counsel present at all interrogations which may lead to prosecution.
3) A climate-controlled, comfortable environment for all prisoners and detainees.
4) A balanced and nutritious diet, adequate for the maintenance of health for all prisoners and detainees.
5) A high qualification system for linguists leading to a licence as a specialist police and courtroom interpreter for non-Japanese speakers.
We do, Minister, thank you in the expectation of your sincerely reflecting upon our petition and rely upon your good offices enact this requests without delay.
