JAPAN JUSTICE2.pdf
JAPAN JUSTICE2.pdf
JAPAN JUSTICE2.pdf
@powderhownd14923 months ago

H U M A N R I G H T S W A T C H
'They Don't Treat Us Like Human Beings' 99
Abuse of Imprisoned Women in Japan

'They Don't Treat Us Like Human Beings' Abuse of Imprisoned Women in Japan
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'They Don't Treat Us Like Human Beings' Abuse of Imprisoned Women in Japan


Summary
Japan's justice system has few alternatives to imprisonment, and overly depends on imprisonment. People found guilty of criminal offenses in Japan are rarely considered for alternatives to imprisonment, other than monetary fines and the whole or partial suspension of prison sentences with or without probation, and suffer violations of their human rights during their imprisonment. Mothers of young children are particularly affected by having to spend time in prison.
Human Rights Watch researched the imprisonment and treatment of imprisoned women in Japan based on interviews with 58 formerly imprisoned women and a person who was imprisoned at the time of research, as well as 11 lawyers and penal reform experts.
Japan's current legal framework, notably article 482 of the Criminal Procedure Code, allows prosecutors to suspend prison sentences for various reasons, including the defendant's age, health, and family situation - but prosecutors rarely in voke this law. Ministry of Justice figures speak to this reality: only 11 imprisoned women had their sentences suspended over the last five years.
Once imprisoned, many women face abuses behind prison walls, which are often caused or compounded by the prisons' lack of resources in addressing their needs and rights. For instance, under the Act on Penal Detention Facilities and Treatment of Inmates and Detainees, imprisoned women can legally request to be with their babies under a year old inside the prison, which can be extended for six months, with the permission of the prison ward.
However, Ministry of Justice figures show that between 2011 and 2017, only 3 imprisoned women who gave birth during imprisonment were allowed to be with their babies behind prison walls. Formerly imprisoned women said that most are separated from their babies at birth, without a detailed explanation that they are legally allowed to request to be with their babies in prison. Separation at birth can be traumatizing and harm the health of both the mother and infant and can interfere with breastfeeding and parent-child bonding.
In addition, the number of imprisoned older women has increased significantly over recent decades. Research by Human Rights Watch and studies by the Ministry of Justice found that as Japan's society ages, some older women repeatedly commit non-violent crimes such as shoplifting because of social isolation and loneliness. Formerly imprisoned women highlighted the particular care and support needs of imprisoned older women, including reentering their communities, many of which Japan's prisons do not meet.
Violations related to drugs are the second leading cause of imprisonment of women in Japan, after theft. Women who are imprisoned for simple possession or use of drugs are often imprisoned more than once, suggesting they suffer from substance use disorders. Studies also suggest many of these women suffer from trauma caused by childhood abuse and domestic violence. While women's prisons offer rehabilitation programs for substance use disorders, formerly imprisoned women and experts said the programs are generally ineffective at reducing recidivism among women offenders. In addition, imprisonment for minor drug offenses can fuel recidivism as it adds to the preexisting trauma.
Other forms of abuse within women's prisons in Japan include mistreatment of imprisoned transgender people, arbitrary and prolonged use of solitary confinement, verbal abuse by prison guards, inadequate access to health and mental health services, overly stringent restrictions on communications with the outside world, and lack of effective oversight of prison conditions by an independent body.
Human Rights Watch recommends that the Japanese government urgently adopt and implement measures to reduce the number of imprisoned women, particularly by introducing alternative sentencing methods outlined in the Tokyo Rules, including community service.
At the same time, the Ministry of Justice should end imprisonment for the simple possession or use of drugs through decriminalization, and work with the Ministry of Health to provide voluntary relapse prevention programs for substance use disorder outside of penal institutions.
Imprisonment should be the last resort. For those who are imprisoned, the Ministry of Justice should ensure all penal institutions abide by international best practices spelled