II. Information on Individual Articles of The Covenant

Article 10

Legal Framework

In addition to what has been stated in the Third Periodic Report, copies of the book of laws and regulations, including the Covenant, have now been made available to detained persons in police custodial facilities. They are, thereby, free to read it any time.

Consultations with Family Members and Defense Counsel(s) at Criminal Custodial Facilities

The right to consultations is guaranteed by Article 34 of the Constitution and Article 39, Paragraph 1 of the " Code of Criminal Procedure" , as described in the Third Periodic Report. This right is sufficiently respected as a right of suspects and defense counsels (and those who are to serve as defense counsels) in the actual criminal investigation stage. However, this right is not an absolute one and can be restricted if its restriction is compatible with the spirit of the Constitution. Consultations with the defense counsel(s) may be rejected, either (a) by exercising the consultation designation in accordance with Article 39, Paragraph 3 of the " Code of Criminal Procedure," or (b) based on the administrative needs of the facility in which the suspect is detained.

(a) Consultation Designation in Accordance with Article 39, Paragraph 3 of the " Code of Criminal Procedure"

When necessary for the investigation, a public prosecutor, public prosecutor's assistant officer or judicial police officer may designate a date, place, and time of consultations, in accordance with the provision of Article 39, Paragraph 3 of the " Code of Criminal Procedure." This states that " The public prosecutor, public prosecutor's assistant officer and judicial police officer may, when it is necessary for the investigation, designate the date, place and time of consultations and delivery or receipt of things mentioned in Paragraph 1 only prior to the institution of prosecution" . The said paragraph stipulates, however, that " such designation does not unreasonably restrict his/her rights for the defense."

The above-mentioned provision was established to keep a balance between the defense right of a suspect and the requirements of the investigation. The Supreme Court passed a decision on 10 July 1978 stating that the designation of a consultation date, time and the like by investigating institutions was an exceptional measure which is unavoidable under certain circumstances, and when a defense counsel and the like seeks consultations with a suspect, he/she should, in principle, be granted a chance to have such consultations at any time, while, if such consultation would substantially hinder the investigation -- if the suspect is being interviewed by an investigator, or if the presence of the suspect is required during an inspection or observation of the crime scene, observation, and so on -- the public prosecutor and the like should, after conferring with the defense counsel and the like, designate a date and time for the consultation so as to permit the suspect to have discussion with the defense counsel as soon as possible. The Supreme Court further stated in two decisions passed on 10 and 31 May 1991, respectively, that substantial hindrance of the investigation mentioned above should be considered to include the cases not only that the prosecutor is questioning the suspect, or that the suspect's presence is required during an inspection or observation of the crime scene and so on, but also that the consultation with the defense counsel disrupts an already scheduled interviewing of the concerned suspect .

Moreover, sufficient considerations are made in the actual exercise of these provisions to ensure that the defense right of a suspect may not be unduly restricted. When a public prosecutor foresees a possibility of designation regarding a consultation, he/she is expected to send a notice in advance to the head of the custodial facility informing of that possibility. In many instances, however, the defense counsel discusses the date, time and so on of consultations with the public prosecutor by telephone and other measures of communication, and accordingly the consultation is duly conducted. If the defense counsel visits the facility directly and seeks consultations with the suspect concerning the case in which the above-mentioned notice is made, an official of the facility contacts the public prosecutor, and the latter judges whether designation of such consultations is necessary in accordance with the intent of the foregoing decisions of the Supreme Court. If the public prosecutor does not designate a consultation or designates only the time of the consultation, the defense counsel is allowed to consult with the suspect immediately.

A suspect and the like may appeal to the court, if he/she is dissatisfied with the designation of date, time and so on of a consultation made by a public prosecutor and the like.

(b) Administrative Requirements of the Facility

With regard to the rejection of a request for consultations attributed to the administrative needs of the custodial facility, as described in the Third Periodic Report, consultations at midnight, for example, may be rejected unless it is an emergency. This kind of rejection is deemed reasonable restriction owing to the limited human and material resources of the facilities.

Article 122 of the " Prison Law Enforcement Regulations" limits consultations to the regular working hours of penal facilities, and thus recognizes the restriction of consultations with defense counsels based on the administrative needs of these facilities. However, even on days other than regular work days, consultations are permitted under certain conditions in consideration of the importance of consultations with defense counsel on trial proceedings. This stance was adopted based on negotiations between the Japan Federation of Bar Associations and the Ministry of Justice following submission of the Third Periodic Report.

Furthermore, in view of the importance of the right to consultations between detainees and defense counsels, police custodial facilities generally accept consultations whenever possible on Sundays, non-working days and during hours outside the regular working hours of the facility. As a result, conflicts on this matter between facilities and defense counsels and the like have almost disappeared recently.

Treatment at Correctional Facilities

(a) Treatment of Convicts

The aims of the Japanese prison administration system are the correction and social rehabilitation of convicts. The treatment described below is carried out actively, and the percentages of convicts who recommit offense and are punished for certain period after release from prison are gradually decreasing. (The rate of subsequent imprisonment within five years after release was 50.6% for those released in 1984, 47.4% for those released in 1986, and 45.3% for those released in 1988. The rate of subsequent imprisonment within three years was 44.8% for those released in 1984, 41.9% for those released in 1986, 38.9% for those released in 1988, and 38.0% for those released in 1990.)

(i) Prison Work

Prison work is a correctional program important to the rectification and social rehabilitation of convicts. By placing convicts in a well-ordered work life, the program helps them to keep their body and mind in good health, nurtures a work spirit, promotes an orderly way of life, and raises an awareness of their individual roles and responsibilities within a communal living situation. At the same time, the program aims at promoting their social rehabilitation by providing them with vocational knowledge and skills.
In particular, vocational training offered in prison work seeks to enable convicts to acquire licenses and other special qualifications in around 40 different areas, including welding, construction machinery, barbering, beautician skills, and information processing for computer programmers.
Through this vocational training, convicts acquire licenses or other qualifications of the completion of training courses in gas-welding skills authorised by the Ministry of Labour, hairdressers authorised by the Minister of Health and Welfare, and information processing technicians authorised by the Ministry of International Trade and Industry, etc. All of them are very useful to the convicts' social rehabilitation. A total of 2,339 convicts acquired licenses or other qualifications of these kinds in fiscal year 1994.
Prison work is conducted in nearly the same way as at any company in the private sector in terms of work hours, work environment, work methods, etc. Regulations call for 5 days work per week at 8 hours per day, for a total of 40 hours per week. These are nearly the same conditions as in major Japanese companies. In prisons, they take measures to prevent accidents in all areas of prison work, in line with the " Prison Work Safety and Health Management Guidelines" which conform with the " Labour Safety and Health Laws" regulated by the Ministry of Labour for private companies. As a result, the rate of accidents in Japanese prisons is lower than that of private(-sector) factories. Convicts are prohibited from chattering during work hours; this measure is necessary to ensure safety on the job. Conversation necessary to the work is, however, permitted, and talking is not prohibited during recesses.
Approximately 90 percent of convicts sentenced to imprisonment without labour, who have no obligation to perform any specific work, perform voluntarily the same type of work as convicts sentenced to imprisonment with labour. This shows that prison work is not carried out under hard conditions.

(ii) Living Guidance

Guidance on a proper life, which encourages the breaking-away from gangster groups, gives education to drug felons on the harm caused by narcotics and so on, is provided to convicts, to help them foster their physical and mental health, cultivate a spirit of respect for laws, and acquire the knowledge and attitude to lead a sound social life.

(a) Guidance for breaking-away from Gangster Groups

Separation from gangster groups is indispensable to rehabilitate convicts affiliated with gangster groups. Through the entire duration of their imprisonment from entry until release, the facility provides such convicts with full individual counseling and guidance to enable them to break away from the related organization. The facility assists them in finding a job actively.

(b) Education for Drug Felons on the Harm of Narcotics

The facility provides convicts whose felonies are related to stimulants and other drugs with education on the physical and social harm caused by such drugs and guidance aim in arousing a spirit of respect for laws. The facility enhances the effectiveness of such guidance through placement of felons convicted of selling drugs and drug users in separate groups as well as such treatment methods as lectures, group discussion, counseling and so on.

(iii) Curricula Education

Among convicts, a considerable number have not completed compulsory education or have insufficient scholastic abilities despite their completion of compulsory education. Such convicts are provided with supplemental education in basic academic subjects.
Those who have not completed compulsory education may also take an examination for exemption of enrolment at school within the facility, which recognizes the equivalent of a junior high school graduate level.

(iv) Other Educational Activities

Facilities offer guidance in taking correspondence courses, guidance from cooperators from the outside, and guidance prior to release and so on.

(a) Guidance from Cooperators from the Outside

Private sector persons cooperating from outside the facility, such as volunteer interviewers, offer advice and guidance to convicts on an individual basis concerning problems related to their reformation, methods for solving problems and so on. These volunteers, in principle, continue to provide such guidance as necessary until the convict leaves the facility. This program is often highly effective: these volunteers from the private sector, who are enthusiastic and have rich life experiences, make a deep impression on convicts and boost their desire to reform themselves.

(b) Guidance prior to Release

For smooth social rehabilitation of convicts, it is necessary to minimize the gap between life within the facility and life in society after release. The facility provides, therefore, convicts who will be released soon with intensive counseling to prepare them for release: Facilities provide them with the knowledge of and information about employment after their social rehabilitation, experience of life and work in society, information on the probationary system and other rehabilitative services, and the necessary arrangement for returning home and the methods of earning a livelihood.
Some part of this guidance prior to release was carried out previously according to the methods decided at each facility. Following the examination of the Third Periodic Report, however, in recognition of the importance of counseling aimed at the social rehabilitation of convicts, facilities have extended the period of guidance and consolidated the guidance program, with these standards now being equally applied nationwide at all facilities.

(b) Life in the Facility

(i) Clothing and Bedding

Clothing and bedding, such as room clothes, working clothes, underwear, mattress, quilts, and blankets, are lent on to convicts. Unconvicted prisoners wear generally their own clothing. If they are unable to do so, however, these items are lent on to them.

(ii) Meals

All inmates are, in principle, provided with meals, by which they can acquire necessary caloric energy to maintain the health and physical strength of inmates, according to their sex, age, type of work assignment, etc. Unconvicted prisoners, however, may at their request and at their own expense obtain food from the outside.
Because the meal is important for the inmates to maintain of their health, efforts has consistently been made to improve its menu. However, after examination of the Third Periodic Report, a review was undertaken in 1995 for further improvement: for the purpose of preventing obesity and geriatric diseases, the caloric volume of staple food is to be reduced in stages and that of side dishes is to be increased. At the same time, the menu of the meal is to be improved by changing the standard amounts of nutrients (protein, vitamins and so on) contained therein.

(iii) Rooms

Rooms for inmates are of two types, single or communal. Generally,a communal room is shared by six to eight inmates. Each room is provided with a dining table, small study desk, cleaning implements and other items necessary for daily living. Windows are large enough to permit inmates to read under natural light conditions, and also designed to enable the intake of fresh outside air.

(iv) Hygiene and Medical Care

(a) Bathing

Inmates may take a bath twice each week(three times in summer). Bathing time is approximately 15 minutes (20 minutes for females) on average. In summer, some facilities allow inmates to towel down after work each day.

(b) Exercise

Because physical exercise is vital to inmate's maintenance of health, optimum measures are taken in this regard on all but bathing days. Weather permitting, exercise is carried out outdoors and indoors during inclement weather.

(c) Physical Examinations

Physical examinations such as regular physical examination and measures against geriatric diseases are, as in society, conducted actively.

(d) Medical Care

Medical care is provided to inmates at penal institutions by doctors and other medical specialists assigned to the premises. When an inmate suffers from ailments, is difficult to be treated at standard correctional facilities and requires special medical treatment, or when he/she requires long-term recuperation from his/her medical condition, they are sent to medical facilities with a high concentration of advanced medical equipment and medical specialists or to medical prisons (branch prisons) where they can receive adequate medical treatment. There are some medical prisons which have been designated as hospitals in conformity with the " Medical Service Law" . If proper medical treatment is difficult within the facility either in terms of personnel or physical equipment, the facility provides proper medical care to inmates, such as having them examined by outside medical specialists, admitting them to outside hospitals and so on.
An adequate number of doctors are allocated to correctional facilities with a ratio of one per every 137 inmates.

(v) Discipline and Order

Discipline and order within penal institutions must be maintained strictly to maintain a proper environment for the treatment of inmates and their safe and peaceful communal life. The " Standard Minimum Rules for the Treatment of Prisoners" also regulates that " discipline and order shall be maintained with firmness" . Discipline and order within penal institutions should not be harshly maintained meaninglessly their enforcement, however, must be " securely" and " unwaveringly" maintained.

(a) Physical Searches

In principle, when inmates enter and leave the facility for court appearances and so on, or when convicts go to work in the factory or return from the factory to their cells, they and their clothes are physically searched. This measure is indispensable, in light of many incidents in the past, to prevent security breaches, such as inmates escaping, brining in or taking out dangerous or improper items and so on. Searches are carried out within the scope of reasonable necessity.
Physical searches are in general conducted by touch on their clothing. However, when convicts leave to work in the factory or return from the factory to their cells, the search is normally conducted visually: when convicts change from his cell clothes to work clothes and vice versa, they are, most often, visually searched with their underwear on.

(b) Solitary Confinement by Day and Night

Solitary confinement by day and night is a form of room accommodation for those who require separation from other inmates. This measure is taken as a form of detention, in conformity with the regulations of the " Prison Law" when such need is recognized in overall consideration of factors such as the convict's length of sentence, crime record, behavior within the prison, personality, relationships with other convicts, adaptability to group life, security conditions within the facility and so on.
The room for solitary confinement by day and night is of the same structure as the rooms where inmates are detained in solitude at night. The former room, whose structure has been already mentioned in item (b) " Life in the Facility" point (iii) " Rooms" above, is never equipped with any inferior items such as a smaller window or no desk, compared with the latter.
Persons placed in solitary confinement by day and night are, in principle, required to remain within their cells. Exceptions are made, however, for exercise, bathing, consultations, medical examinations and other unavoidable circumstances. A convict may be placed in solitary confinement by day and night, if he/she otherwise would create difficulties in protecting his/her physical safety. Such a situation may arise, for example, with a convict who is extremely self-centered and uncooperative and who, if put in contact with other convicts, would be subject to harm by other convicts who might take displeasure at or hold a grudge against said person.

So-called " Substitute Prison"

(a) Police Detention System

Most police stations in Japan have custodial facilities. The facility detains suspects arrested in accordance with the " Code of Criminal Procedure," as well as unconvicted prisoners detained by a detention warrant issued by a judge in accordance with the " Code of Criminal Procedure." Approximately 120,000 persons arrested by the police each year are detained in police custodial facilities. Except when the arrested person is released, he/she is brought before a judge pursuant to a request for detention from a public prosecutor, and the judge decides whether the detainee should be held in custody or not. The number of suspects whom the judges have decided to detain in police custodial facilities is about 90,000 persons each year. The average duration of detention in police custodial facilities is about 20 days.

As regards the place to be detained, the " Code of Criminal Procedure" (Article 64, Paragraph 1 and so on.) provides that suspects should be detained in prison. The " Prison Law" (Article 1, Paragraph 3) stipulates that the police custodial facility may be substituted for a prison (in general, the facility housing unconvicted persons is called a house of detention). This system of using the police custodial facility as the place of detention instead of prison is called the " substitute prison system." The place of detention, whether it is to be a house of detention or a police custodial facility, is not regulated by the " Code of Criminal Procedure." Instead, the judge determines the place of detention upon request by a public prosecutor by taking into consideration the various circumstances of each case (Article 64, Paragraph 1, the Code of Criminal Procedure).

Although various opinions have been expressed regarding this system, it is utilized extremely fairly, as the items (b) and (c) below demonstrate, and the human rights of detainees are fully preserved.

(b) Life in the Police Custodial Facility

Aspects of life for detainees in police custodial facilities are described in concrete terms below. Efforts are constantly made to improve and enhance both the facilities and equipment of the custodial facilities to make the living environment more comfortable. Moreover, efforts are made continuously to further enhance measures to protect the human rights of detainees through improvements in food and the promotion of treatment in consideration of the special needs of foreigners and females. Extra attention is also being paid to the guidance and education of the officials in charge of detention, which aims at enabling them to carry out their work with full consideration to the human rights of detainees.

(i) Design of the Custodial Facility

Rooms are designed in such a way as to protect the privacy of the detainees. The front of the room is covered by an opaque board so that prison guards cannot constantly view the detainees. The floor of the room is covered with a carpet or tatami mat (Japanese style mat). Floors in older custodial facilities have now all been changed either to carpet or tatami mat. Considering the Japanese custom of sitting directly on tatami mats, detainees are able to continue this same lifestyle even in their detention rooms.
In principle, one room is allocated to each detainee. Standards are set to ensure the amount of space necessary for the proper treatment of detainees.
Progress is being made to maintain the health of detainees and improve their treatment by equipping all custodial facilities nationwide with fully automatic cloth washers, cloth dryers, futon dryers, showers, refrigerators, and gas sterilizers and hand disinfectors to prevent infection by AIDS and so on.

(ii) Behavior during Detention

The detainee's behavior is not restricted in his/her room, as long as it does not hinder the peace of other detainees or is directed against the purpose of detention. Resting or lying down outside regular sleeping hours is widely permitted.

(iii) Maintaining the Health of Detainees

About 30 minutes are earmarked each day to maintain the health of detainees by enabling them to exercise in an outdoor exercise area. The exercise area is no less than 10 square meters in size, open to sunlight and fresh air. Exercise time may be extended to more than one hour at the detainee's request.
Room lights are dimmed during regular sleeping hours so as not to hinder sleep. Efforts are made to conduct interviews during regular working hours (normally from 8:30 a.m. to 5:15 p.m.). Even when interviewing is conducted outside regular working hours, if such interviewing continues past the set hour for going to sleep (usually around 9:00 p.m.) as regulated in the custodial facility's time schedule, the custodial section will request the investigating section that the questioning be terminated. Moreover, if the detainee is delayed in going to sleep because of interviewing, compensatory measures such as delaying wake-up time the following morning, are taken to ensure that the person has adequate sleeping time.
Doctors employed part-time by the police perform twice each month health examinations of detainees. In the event that the detainee is injured or ill, appropriate medicine is provided and the detainee is examined without delay by a doctor, paid for with public funds. Sick persons requiring special treatment are taken to an outside hospital. If a detainee wishes to be examined by a doctor of his choice at his own expense, regular visits on an outpatient basis are allowed. All possible measures are taken to ensure that the health of detainees is not harmed as a result of their detention in police custodial facilities.
Meals are provided three times a day. Meals are checked regularly by qualified dietitians to ensure that they are sufficient in the light of the standard living situation and so on, and a good nutritional balance is maintained. Further efforts are also made in nutrition of meals, as the menu of meals is improved in detention houses. Detainees are also allowed to purchase from the outside, at their own expense, meals or goods such as bread, fruit, candy, milk products and so on. They may also receive such goods from the outside.
Custodial facilities take measures to ensure adequate ventilation and natural light. They pay consideration to maintain a comfortable temperature 24 hours a day through the use of heating and cooling equipment and other apparatuses.

(iv) Purchase of Daily Necessities and so on

Food, clothing and other daily necessities may be purchased at the detainee's own expense, or it may be sent to him/her.

(v) Consultation, sending and receipt of letters and so on

Guaranteed are, in principle, consultations with a defense counsel and the like and the delivery of letters to and from them. Visits with family members and other persons as well as the delivery of letters to and from them are also guaranteed as a general rule, except when the court imposes restrictions to achieve the purposes of detention.
Efforts are also made to improve facilities. Rooms for meeting are, for example, enlarged to enable the detainee to meet comfortably with multiple defense counsels or family members, and measures are taken to ensure that conversation during consultations cannot be heard outside the room. These measures are taken to better guarantee the detainee's right to secrecy between him-/herself and his/her defense counsel.

(vi) Reading of Newspapers, Books and so on

Detainees are permitted, free of charge, to read daily newspapers and books, which are kept on the premises. They may also listen to news, music programs and the like on radio during set hours each day, for example, during meals.

(vii) Physical Searches and Examinations for Injuries, Illness and so on

Within the limits necessary to ensure the safety of detainees and maintain order within custodial facilities, officials in charge of detention carry out physical check of detainees when they arrive for detention and whenever they leave or enter the facility. Verbal and visual confirmation is made of the detainee's health condition in addition to confirming that the detainee does not carry in his/her possession any weapon or dangerous object. The necessary measures are taken, such as having the detainee examined by a physician, if the detainee states that he/she has an illness or injury, or when there is the possibility of him/her having an illness or injury.

(viii) Treatment of Foreign Nationality Detainees

Work is in progress to equip more custodial facilities with the latest CD-ROM-based portable interpreter (accommodating 14 languages, namely English, Mandarine Chinese, Cantonese Chinese, Thai, Tagalog, Urdu, Spanish, Persian, Korean, Malay, Bengali, Russian, Vietnamese and Myanmanese) capable of providing abundant sample sentences both, visually and aurally. These measures provide appropriate treatment of detainees of foreign nationality. Considerations are also paid to accommodate, as far as possible, the customs of foreign detainees with respect to diet, religious activities and so on.

(ix) Treatment of Female Detainees

Adequate considerations are paid to the treatment of female detainees to meet their special needs, although no formal distinctions are made between males and females relative to the fundamental conditions of their treatment while in the police custodial facility.
Female detainees are kept in areas separate from those of male detainees, and neither group can see the other. Measures are also taken so that males and females do not encounter each other during exercise, or when entering or leaving the facility. Physical searches of female detainees and monitoring of their baths are conducted by female police officers or female officials only. Considerations are also paid to the treatment of female detainees to enable them to use cosmetics, such as lotions, creams, hair dressing and combs, hair brushes in washrooms and so on, as may be necessary for their personal grooming. Waste baskets and so on are provided to allow the detainee to directly dispose of any used sanitary napkins. Because it is desirable for female detainees to be treated in all areas by female police officers, whenever possible, efforts are undertaken to increase custodial facilities exclusively for females at which all treatment of detainees is conducted by female officers.

(x) Conclusion

As described and explained above, the treatment of detainees carried out in Japanese police custodial facilities fully guarantees the human rights of the detainees and complies with " United Nations Standard Minimum Rules for the Treatment of Prisoners" .

There is a strict separation between the police section in charge of the treatment of detainees and the section in charge of criminal investigations. This is necessary to guarantee the human rights of detainees. The treatment of detainees is carried out solely according to the responsibility and judgment of personnel from the detention section, and it is impossible for investigators to control or influence the treatment of suspects held in police custodial facilities. The interview of suspects is conducted in interview rooms outside the detention facility or, in some cases, in an interview room under the jurisdiction of the Ministry of Justice. Investigators are prohibited from entering the custodial facility.

The section in charge of the treatment of detainees is directed by the Head of the Administrative Section which is not in charge of investigations. The section is overseen by the Detention Administration Division of Police Headquarters and the Detention Administrative Officer of the National Police Agency.

The specific measures to separate investigation and detention are outlined below. The official in charge of detention administration at the National Police Agency and its staff make nationwide regular visits to police custodial facilities to make sure that they are thoroughly enforced. If a police officer should do anything improper in violation of the following policies, severe punishment is meted out.

(i) Notification at Start of Detention

New detainees are informed at the start of their detention that the treatment of detainees is carried out completely by those in charge of detention tasks.

(ii) Checks upon entering and leaving the Custodial Facility and so on

When the detainee is to be taken out of the custodial facility as required for the investigation, the chief investigator, after actually checking the necessity of each case, makes a written request to the chief detention officer and then the transfer is made with the approval of the chief detention officer. Each responsible official in charge of the investigation and of the detention checks to ensure that a investigator does not do anything improper, such as interference in the treatment of the detainee. The time of departure and entry are recorded in the ledger prepared by the detention staff on all detainees, and a rigid check is carried out by the detention section. This record, if requested by a judge and the like , may be submitted in court.

(iii) Preservation and Daily Routine

Efforts are made to preserve the detainee's regular daily routine. Officials in charge of detention may, when necessary, request to the chief investigator that the interview and other investigative activities be ended or interrupted, in order to avoid that interviewing or other investigative activities hinder the daily routine in terms of eating, sleeping and other life.

(iv) Provision of Meals

Meals are one of the most important aspects in the treatment of suspects. Investigators are not allowed to make them have meals in interview rooms.

(v) Treatment of Visits and Items sent Detainees

The handling of visits and reception of items from outside are the domain of detention personnel. Hence, even if a request regarding those matters is made to an investigator, officials in charge of detention invariably take over authority.

(vi) Physical Searches of Detainees and their Possessions, and Storage of Possessions

Physical searches of detainees and of their possessions, as well as storage of possessions, are carried out under the responsibility of the chief detention officer. It is not permitted for an investigator to attend such searches or to store such possessions.

(vii) Transfer of Detainee for Interview by the Public Prosecutor, Medical Treatment and so on

Transfers of the detainee from the custodial facility to an interview room under the jurisdiction of the Ministry of Justice for purposes of the prosecutor's investigation, or from the custodial facility to a medical facility for medical treatment and so on are conducted under the responsibility of the officials in charge of detention. In principle, the detainee is escorted by a member of the administrative section, or at least by someone, who is not involved in the investigation at hand.

Back to Index