未決被拘禁者の処遇  [in Japanese] Treatment of the unsentenced inmate  [in Japanese]

Most people do not always pay more attention to the situation of criminal suspects and the unsentenced inmates than that of prisoners in our criminal justice system. The accused under detention are strictly restricted in his contact with his family or lawyer, because of reasonable grounds to suspect that he may escape or destroy evidence. More importantly, it is a serious matter to admit that Japanese law allows up to 23 days of police cell detention before indictment for the sake of interrogation (daiyo-kangoku). In revising the Prison Law, the legislation office has three guideline of internationalization, modernization, and legalization of the treatment of prisoners. But, they have only produced the Penal Institution Bill which confirms the present practices. Above all, it includes the eternal use of daiyo-kangoku which is a hotbed for taking confessions, and wide restrictive powers of the warden of the penal institution over the detained person in consideration of their status. These standards are discipline and order and the restriction of administration of penal institution. To be more concrete, these ristrictions include receiving visits and correspondence and reading of books, magazines, newspapers and other documents or drawings. These restrictions come not only prohibition from the Code of Criminal Procedure but also for maintaining the discipline and order of the penal institution and the necessity of the administration of the penal institution. Most of them are the latter. The act of disciplinary punishment often becomes infringement on the constitutional safeguards for the fundamental human rights of the accused. The point I want to make is that jail should not train the inmates under detention any more, because they are unconvicted. Of course, it does require some discipline and order. It should be no more restrictive than is necessary for the safe custody of inmates, for the maintenance of appropriate conditions for their treatment and of a safe and tranquil community life. There are a wide diversity of inmates under detention, such as gang members or those mentally disordered by drugs. I know the concern of the penal institutions keeping watch on them in consideration of their human rights and rights of defense. The way of treatment of detainees leaves much room for improvement. We must think out some immediate plans. That is, the court or judge should inspect the jail regularly. The compliance rules for the inmates under detention should be limited as much as possible. The accused should be sent to jail without sending him to a police cell so as not to examine him so easily.