JAPAN PRISONS.PDF

JAPAN PRISONS.PDF

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JAPAN PRISONS.PDF

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PRISON CONDITIONS IN JAPAN
 Human Rights Watch/Asia 
 Human Rights Watch Prison Project 
 Human …
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Copyright 8 March 1995 by Human Rights Watch. 
All rights reserved. 
Printed in the United States…
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iii 
HUMAN RIGHTS WATCH
Human Rights Watch conducts regular, systematic investigations of human r…
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iv 
15 Rue Van Campenhout, 1040 Brussels, Belgium 
Tel: (2) 732-2009, Fax: (2) 732-0471, E-mail: …
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CONTENTS
INTRODUCTION.............................................................................…
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vi 
INTRODUCTION
For an outside observer familiar with different prison systems 
throughout the …
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vii 
Africa; 229 in Singapore; ninety in Spain; eighty in Germany; and sixty-six 
in Denmark).2 
…
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viii 
The Japanese Ministry of Justice prides itself on the outstanding 
record of a system that …
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ix 
The brochure states that these "arguments are quite groundless. If they were 
true, riots and…
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x 
As in the case of all other such studies (over the past seven years the 
Human Rights Watch Pr…
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xi 
In the course of the first of the three visits planned it turned out that 
the visit was to b…
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xii 
information provided to us by government officials. We conducted 
interviews in Tokyo, Kobe,…
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xiii 
SUMMARY
Prisoners in Japan experience routine violations of human rights. 
From the moment…
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xiv 
Both in detention centers and in prisons, a large proportion of 
inmates live in single cell…
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xv 
sentenced male prisoners at the highest classification level who are allowed 
to meet with vi…
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xvi 
Rules are strictly enforced, and any departure leads to punishment. 
But even though the rul…
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xvii 
that on which they are working. Making eye contact with a fellow prisoner or 
a guard is pr…
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xviii 
against this type of detainee are frequent and often unpublicized, because the 
victim may…
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xix 
Article 10 of the ICCPR, summarized above, Article 7 (3) of the Body of 
Principles, stipula…
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xx 
more with policy changes than with any costly transformation of the 
infrastructure. Among ou…
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1 
POLICE DETENTION
Under the Japanese Code of Criminal Procedure, a suspect 
apprehended by pol…
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2 Prison Conditions in Japan 
Japan is no exception in this regard. Japanese and foreign human 
r…
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Prison Conditions in Japan 3 
the judge, at the prosecution's request, may ban family visits. When…
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4 Prison Conditions in Japan 
cases, to which they falsely confessed after prolonged interrogation…
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5 
PHYSICAL CONDITIONS
Cell Conditions
A large proportion of Japanese inmates live in single cel…
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6 
cell is too short to roll out a futon lengthwise, and the inmate has to place 
the bedding dia…
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Prison Conditions in Japan 7 
Prisoners with a higher classification tend to get better equipped a…
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8 Prison Conditions in Japan 
C S. F., a British national who spent over a year in the Tokyo 
Det…
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Prison Conditions in Japan 9 
northern island of Hokkaido, do not have cell heating. Former prison…
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10 Prison Conditions in Japan 
FIGURE 1
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Prison Conditions in Japan 11 
FIGURE 2
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12 Prison Conditions in Japan 
received reports of extreme heat and stuffiness in the cells during…
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Prison Conditions in Japan 13 
an extra shirt as a measure for protecting oneself from the cold is…
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14 Prison Conditions in Japan 
FIGURE 3
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Prison Conditions in Japan 15 
changing to a different type of clothing, regardless of the weather…
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16 
CONTACTS AMONG PRISONERS AND CONTACTS 
 WITH THE OUTSIDE WORLD
Contacts Among Prisoners
As …
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Prison Conditions in Japan 17 
contact with other inmates.21 Human Rights Watch interviewed severa…
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18 Prison Conditions in Japan 
Unsentenced Prisoners may in principle be visited by anyone who 
w…
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Prison Conditions in Japan 19 
message down and show it to the prisoner. Do not try to communicate…
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20 Prison Conditions in Japan 
Letters in either direction are read by prison officials and may be…
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Prison Conditions in Japan 21 
visits because he had no family. A friend and prisoners' rights act…
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22 Prison Conditions in Japan 
supervising them only visually, and with no limits and generally no…
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Prison Conditions in Japan 23 
As one lawyer interviewed in Osaka pointed out, lawyer-client visit…
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24 
THE PREDOMINANCE OF THE RULES
The Japanese Prison Law, as stated earlier, may be among the ol…
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25 
major violations of human rights in themselves, but violations of them can 
bring about punis…
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26 Prison Conditions in Japan 
them carefully and take notes, officials promptly took the rules aw…
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Prison Conditions in Japan 27 
C How to sleep: "During sleeping hours follow these rules: (1) Slee…
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28 Prison Conditions in Japan 
 
inmates are made to chant the "five principles" of submission wh…
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Prison Conditions in Japan 29 
C When not to talk or make any other noise: the rules prohibit inma…
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30 
PUNISHMENT
The rules, by all accounts, are enforced very strictly and any 
departure from th…
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31 
(2) Suspension of rewards for three months or less.
(3) Abolition of reward. 
(4) Prohibitio…
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32 Prison Conditions in Japan 
When solitary confinement is meant as a disciplinary measure, a 
p…
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Prison Conditions in Japan 33 
but without closing his eyes. He received twenty days in solitary 
…
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34 Prison Conditions in Japan 
a fight. His hands were bound in such a way that it was impossible …
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Prison Conditions in Japan 35 
FIGURE 4
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36 Prison Conditions in Japan 
difficult. "I ate like a dog," he said. Using the toilet was diffic…
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Prison Conditions in Japan 37 
prison who had himself been assaulted by guards said that he knew o…
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38 Prison Conditions in Japan 
official pressed the emergency button located next to the monitorin…
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Prison Conditions in Japan 39 
C In Osaka, Human Rights Watch interviewed a lawyer, Takeshi 
Kane…
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40 Prison Conditions in Japan 
to assume the prescribed position. He was placed in punitive solita…
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Prison Conditions in Japan 41 
July 24 - October 7, 1991 (20 days)** 
November 18, 1991 - January…
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42 Prison Conditions in Japan 
area by himself. Unable to walk and prevented from using his 
crut…
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Prison Conditions in Japan 43 
after prison officials discovered that he intended to file a suit.3…
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44 Prison Conditions in Japan 
prison.34 On the day the suit was filed, he was moved to a single c…
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Prison Conditions in Japan 45 
According to Yasuo Maruyama, a prisoners' rights activist 
who has…
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46 
WORK AND ACTIVITIES
The following excerpt from the government bilingual brochure 
portrays d…
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Prison Conditions in Japan 47 
small groups organized by group room units in a dormitory 
walk in…
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48 Prison Conditions in Japan 
letters from/to their family members, which might enhance 
their y…
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Prison Conditions in Japan 49 
As with every other aspect of prison life, all matters related to w…
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50 Prison Conditions in Japan 
rewarded, for example with extra television time, prisoners hide ac…
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Prison Conditions in Japan 51 
We received several reports of prisoners experiencing physical 
pr…
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52 Prison Conditions in Japan 
Five and a half days a week Shiomi, still in the 
position, makes …
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53 
 DEATH ROW
Secrecy
Japan retains the death penalty for some seventeen crimes, and as of 
th…
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54 Prison Conditions in Japan 
Kawanaka's case is of particular concern because he was reported to…
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Prison Conditions in Japan 55 
Journal that the policy is designed "to protect the family of the p…
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56 Prison Conditions in Japan 
 A sister of a death row inmate held at the Tokyo Detention Center …
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Prison Conditions in Japan 57 
draft of almost every letter they want to mail out to persons other…
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58 
TREATMENT OF FOREIGN PRISONERS
As of the end of 1993, there were 2,362 foreign nationals in 
…
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59 
 If enforced silence and lack of human contact are of the most 
difficult aspects of imprison…
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60 Prison Conditions in Japan 
C A Korean prisoner in Kofu prison had a similar experience with hi…
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Prison Conditions in Japan 61 
and other aspects of the conditions of his incarceration. The day 
…
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62 Prison Conditions in Japan 
The Egyptian prisoner was assaulted on March 17, 1994, by a group 
…
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63 
IMMIGRATION DETENTION
Prior to our trip to Japan, we had received reports about abuses 
agai…
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64 
detainees tend to receive more punishments than the rest of the prison 
population because th…
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Prison Conditions in Japan 65 
C Mejrpooran Arjang, thirty-one, an Iranian suspected of entering 
…
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66 Prison Conditions in Japan 
C On June 29 in the Osaka immigration detention center, two Korean …
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Prison Conditions in Japan 67 
charges), and a story describing the beating sustained by the two K…
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68 Prison Conditions in Japan 
A Chinese woman detained on October 31, 1994 filed a suit on 
Nove…
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69 
THE INTERNATIONAL LAWS GOVERNING HUMAN 
RIGHTS VIOLATIONS
The chief international human righ…
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70 Prison Conditions in Japan 
on Economic, Social and Cultural Rights, and the 
International Co…
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Prison Conditions in Japan 71 
subject to the restrictions that are unavoidable in a closed 
envi…
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72 Prison Conditions in Japan 
The emphasis on discipline, the harsh penalties imposed for the mos…
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Prison Conditions in Japan 73 
He described the daily life of the prisoners, including their 
con…
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74 Prison Conditions in Japan 
In applying the analysis, offered more generally by Nigel Rodley in…
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Prison Conditions in Japan 75 
Contacts with the outside world--visits, mail, access to media--are…
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76 Prison Conditions in Japan 
The lack of independent monitoring of prisons through inspections 
…
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Prison Conditions in Japan 77 
complete certitude because specific numbers are not available. Furt…
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78 Prison Conditions in Japan 
isolation. Furthermore, many more inmates experience disciplinary s…
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Prison Conditions in Japan 79 
Another factor useful in assessing whether solitary confinement 
v…
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80 Prison Conditions in Japan 
The daiyo-kangoku system also violates Principle 21 of the Body of …
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Prison Conditions in Japan 81 
amounts to degrading treatment, also prohibited under Article 7 of …
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82 Prison Conditions in Japan 
whether or not there is artificial ventilation; (b) Artificial 
li…
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83 
RECOMMENDATIONS
Japan is in an urgent need of a thorough reform of its prison system. 
As we…
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84 
to avoid the possibility of individual wardens taking arbitrary 
measures. 
C Prison rules m…
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Prison Conditions in Japan 85 
85 
Activities and Work
C All prisoners should be allowed a minim…
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86 Prison Conditions in Japan 
86 
C A system of inspections by representatives of authority othe…
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Prison Conditions in Japan 87 
87 
C Foreign prisoners should be allowed to receive visits and to…
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88 
APPENDIX I
"Handbook for Life in Prison" 
Fuchu Prison 
APPENDIX A
INTRODUCTION
From toda…
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Prison Conditions in Japan 89 
89 
Activities Time Chart for Sentenced Prisoners
Weekdays Saturd…
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90 Prison Conditions in Japan 
90 
Closed cell inspection 16:30-16:40 
Supper 16:40-17:10 
Clea…
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Prison Conditions in Japan 91 
91 
(2) Do not share your food with others and don't accept any fr…
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92 Prison Conditions in Japan 
92 
When you hear the signal or command to "Stop Work," stop worki…
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Prison Conditions in Japan 93 
93 
4) To maintain harmonious human relationships and group living…
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94 Prison Conditions in Japan 
94 
12) If you find or pick up a mysterious object or an object wi…
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Prison Conditions in Japan 95 
95 
7) Do not on your own accord lie down in the cell. Moreover, d…
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96 Prison Conditions in Japan 
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13) Do not touch the equipment in the hallway such as speakers…
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97 
19) Even during the periods where conversations are permitted,…
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98 Prison Conditions in Japan 
98 
2) During work do not, on your own accord, leave your designat…
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Prison Conditions in Japan 99 
99 
Safety Measures
1) The institution is responsible that you do…
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100 Prison Conditions in Japan 
100 
Class Promotion time 
Class one 
Class two Eight months 
…
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Prison Conditions in Japan 101 
101 
intentional or serious errors which would cause damages to t…
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102 Prison Conditions in Japan 
102 
visit you. However, if necessary, exceptions are sometimes m…
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Prison Conditions in Japan 103 
103 
(1) As a rule, on Saturdays afternoons and on holidays, visi…
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104 Prison Conditions in Japan 
104 
prisoners are permitted to have private visits without the p…
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Prison Conditions in Japan 105 
105 
(4) If you are not able to write, report it to an official s…
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106 Prison Conditions in Japan 
106 
CENSORSHIP
All correspondence is censored. Correspondence w…
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Prison Conditions in Japan 107 
107 
(1) Rescuing a person's life. 
(2) Distinguished service fo…
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108 Prison Conditions in Japan 
108 
(8) Suspension of exercise for up to 5 days. 
(9) Whole or …
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Prison Conditions in Japan 109 
109 
3. Depending on the contents of the complaint, another offic…
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110 Prison Conditions in Japan 
110 
 
Others
Other than requesting an interview or filing a pe…
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111 
APPENDIX II
 PREVIOUSLY PUBLISHED REPORTS FROM 
 THE HUMAN RIGHTS WATCH PRISON PROJECT
 Gl…
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