Chapter

The Impact of International Human Rights Law on Detention in Japan

YUJI IWASAWA

in International Law, Human Rights, and Japanese Law

Published in print September 1998 | ISBN: 9780198259121
Published online March 2012 | e-ISBN: 9780191681905 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259121.003.0006
The Impact of International Human Rights Law on Detention in Japan

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This chapter discusses the impact of international human rights law on detention in Japan and how it was subjected to inquiry. The UN Commission on Human Rights in the 1980s severely criticized Japan for its treatment of mental patients, which led to a change in Japanese law. The success of the case of the mental patients has been used as a model for changing the treatment of criminal suspects in Japan, where these suspects are usually detained in police custody cells for 23 days, mostly without counsel, or with limited assistance of counsel. The chapter also examines other questions on criminal justice in Japan. For defendants, criminal suspects, and specially convicted prisoners, communication with the outside world is a real problem. International human rights law questions pertaining to the issue of payment for interpreters during court proceedings, which is an important question with regard to criminal justice in Japan, is also discussed.

Keywords: detention; UN Commission; mental patients; Japanese law; criminal justice; Japan; criminal suspects; convicted prisoners; interpreters; Second World War; Civil Code

Chapter.  19791 words. 

Subjects: Public International Law

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