JAPAN JUSTICE2.pdf

JAPAN JUSTICE2.pdf

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JAPAN JUSTICE2.pdf

@powderhownd14924 days ago

“They Don’t Treat Us Like
Human Beings”
Abuse of Imprisoned Women in Japan
H U M A N
R I G H…

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“They Don’t Treat Us Like Human Beings”
Abuse of Imprisoned Women in Japan

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Copyright © 2023 Human Rights Watch
All rights reserved.
Printed in the United States of America
…

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NOVEMBER 2023 ISBN: 979-8-88708-076-5
“They Don’t Treat Us Like Human Beings”
Abuse of Imprisoned…

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Provision of Access to Treatment for Substance Use Disorder........................................…

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1 HUMAN RIGHTS WATCH | NOVEMBER 2023
Summary
Japan’s justice system has few alternatives to imp…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 2
In addition, the number of imprisoned older women has in…

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3 HUMAN RIGHTS WATCH | NOVEMBER 2023
out in international standards such as the United Nations Sta…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 4
Key Recommendations
To the National Diet
• Revise art…

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5 HUMAN RIGHTS WATCH | NOVEMBER 2023
Methodology
Human Rights Watch conducted research for this r…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 6
Human Rights Watch wrote on July 31, 2023 to Japan’s Min…

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7 HUMAN RIGHTS WATCH | NOVEMBER 2023
I. Background
In Japan, there are 178 penal institutions—pri…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 8
While imprisoned men are housed in different prisons dep…

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9 HUMAN RIGHTS WATCH | NOVEMBER 2023
Most older women are imprisoned for theft. In 2021, 88 percen…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 10
of the women with prior convictions who were admitted t…

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11 HUMAN RIGHTS WATCH | NOVEMBER 2023
To reduce recidivism, the National Diet, in 2016, enacted th…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 12
eliminating the strict categorization of imprisonment w…

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13 HUMAN RIGHTS WATCH | NOVEMBER 2023
On June 21, 2023, the third-party committee submitted a set …

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 14
II. Abuses Against Women in Japan’s Prisons
Unmet Need…

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15 HUMAN RIGHTS WATCH | NOVEMBER 2023
are used on pregnant women during transfers to hospitals, gy…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 16
month. Officials also informed Human Rights Watch that …

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17 HUMAN RIGHTS WATCH | NOVEMBER 2023
Rule 29 of the Mandela Rules states that:
A decision to al…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 18
say much about her experience during labor, but she cam…

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19 HUMAN RIGHTS WATCH | NOVEMBER 2023
were 65 years old or older, nearly a four-fold percentage in…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 20
Older people in prison with significant care and suppor…

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21 HUMAN RIGHTS WATCH | NOVEMBER 2023
There are many Japanese transgender people whose gender ide…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 22
augmentation surgery and require the use of a bra, as p…

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23 HUMAN RIGHTS WATCH | NOVEMBER 2023
It’s the same situation when taking baths. From other men’s …

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 24
The mistreatment of imprisoned transgender people is a …

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25 HUMAN RIGHTS WATCH | NOVEMBER 2023
system she changed her gender to female.82 Despite Azuha bei…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 26
Regulations in Japan’s prisons are often rigidly enforc…

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27 HUMAN RIGHTS WATCH | NOVEMBER 2023
The social isolation and sensory deprivation that comes with…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 28
gave me medicine. Taking it made me sleepy and made it …

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29 HUMAN RIGHTS WATCH | NOVEMBER 2023
Imprisoned people can also lose their rights to receive visi…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 30
Formerly imprisoned women told Human Rights Watch that …

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31 HUMAN RIGHTS WATCH | NOVEMBER 2023
In 2019, the Osaka Bar Association said that prices of certa…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 32
me mentally. Every word weakens the prisoners. I still …

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33 HUMAN RIGHTS WATCH | NOVEMBER 2023
Inadequate Access to Health Care
Over the last two decades,…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 34
me the same thing. When I got my check-up, they didn’t …

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35 HUMAN RIGHTS WATCH | NOVEMBER 2023
Some imprisoned women felt their descriptions of their sympt…

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Rule 27 of the Mandela Rules provides that “all prisons…

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37 HUMAN RIGHTS WATCH | NOVEMBER 2023
can receive medical care, despite their lack of medical expe…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 38
prison guard, and I said I wanted to write to my therap…

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thought I was overthinking it. I was strongly advised [to se…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 40
Ministry of Justice also restricted visitation to penal…

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41 HUMAN RIGHTS WATCH | NOVEMBER 2023
III. Abusive Policies
Lack of Measures to Reduce Use of Imp…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 42
community service orders, and house arrest, which are l…

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offenders are sometimes sentenced to community service for …

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 44
Criminal Procedure, which allows prosecutors to suspend…

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Narumi I., a formerly imprisoned woman who has more than fiv…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 46
imprisonment with labor not exceeding 10 years for poss…

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47 HUMAN RIGHTS WATCH | NOVEMBER 2023
for drug-related offenses and was released in 2019, said: “I…

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[Some women] use drugs to ease their trauma from childh…

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49 HUMAN RIGHTS WATCH | NOVEMBER 2023
women’s branch], the officials just told me, “You’re going h…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 50
Since visits are typically available only on weekdays, …

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51 HUMAN RIGHTS WATCH | NOVEMBER 2023
prison ranking; the content of their letters is inspected by…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 52
society. Yasuko Y., a formerly imprisoned woman in her …

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so I began stealing. When I left prison, I had about $250. I…

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The complaint mechanism is technically available to all…

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[The opinion box] was by a door, in the space between our ro…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 56
IV. Applicable International Law and Standards
Japan i…

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57 HUMAN RIGHTS WATCH | NOVEMBER 2023
2010 to supplement the Standard Minimum Rules for the Treatm…

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“[s]tates have the obligation to respect the right to h…

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59 HUMAN RIGHTS WATCH | NOVEMBER 2023
However, Human Rights Watch found that many imprisoned women…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 60
health of prisoners, paying particular attention to pri…

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Prohibition of Restraints on Imprisoned Women during Labor, …

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 62
The committee also recommended that “every child has th…

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63 HUMAN RIGHTS WATCH | NOVEMBER 2023
Formerly imprisoned women told Human Rights Watch they could…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 64
The UN Human Rights Council’s independent expert on enj…

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65 HUMAN RIGHTS WATCH | NOVEMBER 2023
intersecting bases for discrimination, such as gender, disab…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 66
Rule 15 provides that “disciplinary sanctions for women…

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67 HUMAN RIGHTS WATCH | NOVEMBER 2023
Recommendations
Recommendations for Japan’s National Diet
…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 68
Conditions and Treatment of People in Prison
• Revise …

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69 HUMAN RIGHTS WATCH | NOVEMBER 2023
Medical Care
• Set clear policies and rules that ensure all…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 70
• Train prison staff on properly engaging with people w…

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71 HUMAN RIGHTS WATCH | NOVEMBER 2023
• Proactively enforce the Ministry of Justice’s 2014 notice …

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 72
Older People in Prison
• Issue an order encouraging pr…

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73 HUMAN RIGHTS WATCH | NOVEMBER 2023
 Eliminate requirements that a medical evaluation be perfor…

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• The prison service should have a policy to ensure all…

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75 HUMAN RIGHTS WATCH | NOVEMBER 2023
in prison subject to approval by the prison warden. Ensure t…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 76
Acknowledgements
Research for this report was conducte…

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Appendix I: Human Rights Watch Letter to Ministry of
Justi…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 80
Appendix II: Response by the Ministry of Justice
１．出産…

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意することとされていて、消耗度合い、残量度を考慮して、適宜交換を行う。受刑
者は少なくても一か月に一回、自弁物品の購入…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 82
instructions of prison staff members who have made effo…

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Appendix III: Justice Ministry Correction Bureau No. 2957

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English translation of Appendix III
Confidentiality Le…

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Handcuffs shall not be used at least while the inmates are i…

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“THEY DON’T TREAT US LIKE HUMAN BEINGS” 86
Appendix IV: Justice Ministry Correction Bureau No. 3212

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Partial English translation of Appendix IV
Justice Min…

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As described in 1 (1) above, the diagnosis of GID is based o…

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appearance, their requests should be considered, and it…

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hrw.org
A sign reads “check door lock” on a gate
inside Tochigi prison, Japan's largest
women’…

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JAPAN JUSTICE2.pdf

@powderhownd1492

Gov & Nonprofit

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