Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, and there were no reports that government officials employed them.
The government continued to deny death row inmates advance information about the date of execution until that day. The government notified their family members of executions after the fact. The government held that this policy spared prisoners the anguish of knowing when they were going to die.
Authorities also regularly hold prisoners condemned to death in solitary confinement until their execution but allowed visits by family, lawyers, and others. The length of such solitary confinement varied from case to case and may extend for several years. Prisoners accused of crimes that could lead to the death penalty were also held in solitary confinement before trial, according to a nongovernmental organization (NGO) source.
Impunity was not a significant problem in the security forces.
e. Denial of Fair Public Trial
The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.
The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants are legally presumed innocent until proven guilty, but NGOs and lawyers continued to suggest that this was not the case because of the pressure on suspects to confess prior to trial. Foreign suspects with time-limited visas often confessed in exchange for a suspended sentence in order to close the case before their visas, which are not extended for trial, expire.
Defendants have the right to be informed promptly and in detail of charges against them. Each charged individual has the right to a trial without undue delay (although observers noted that trials could be delayed indefinitely for mentally ill prisoners); to access to defense counsel, including an attorney provided at public expense if indigent; and to cross-examine witnesses. There is a lay judge (jury) system for serious criminal cases. Defendants may not be compelled to testify against themselves. Authorities provided free interpretation services to foreign defendants in criminal cases. Foreign defendants in civil cases must pay for interpretation, although a judge may order the plaintiff to pay the charges in accordance with a court’s final decision.
Defendants have the right to appoint their own counsel to prepare a defense, present evidence, and appeal. The court may assist defendants in finding an attorney through a bar association. Defendants may request a court-appointed attorney at state expense if they are unable to afford one.
Trial procedures favor the prosecution. Observers said a prohibition against defense counsel’s use of electronic recording devices during interviews with clients undermined counsel effectiveness. The law also does not require full disclosure by prosecutors unless the defending attorney satisfies difficult disclosure procedure conditions, which could lead to the suppression of material favorable to the defense.
Several defense counsel and defendants called on judges to allow them to take off face masks or use an alternative COVID-19 preventive measure in trials, arguing that facial expressions affect how judges assess testimony and that covering faces could cause prejudice. They also expressed concern that face coverings could make it psychologically easier for hostile witnesses to give intentionally baseless testimony against defendants. In June a chief judge at the Tokyo Regional Court allowed a defendant to testify with a transparent face shield in lieu of a mask at the request of the defense counsel.
NGOs expressed concern about the retrial process for inmates on death row because execution is not stayed for a pending petition of retrial, which the Japan Federation of Bar Associations said calls into question the validity of executions.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution provides for freedom of speech and expression, including for the press, and the government generally respected these freedoms. The independent press, an effective judiciary, and a functioning democratic political system combined to sustain freedom of expression.
Freedom of Speech: There is a hate speech law designed to eliminate hate speech against persons originating from outside the country by developing government consultation systems and promoting government awareness efforts. The law, however, neither penalizes nor prohibits hate speech, so as not to impede freedom of speech. Legal experts acknowledged a continued decrease in hate speech at demonstrations since the law came into effect. In contrast hate speech increased in propaganda, election campaigning, and online, while crimes targeting members of specific ethnicities also continued, according to experts. They called on the government to implement more effective deterrent measures and conduct a survey on hate speech incidents. The government has not conducted such a survey since 2016.
According to legal experts, hate speech and hate crimes against ethnic Koreans, especially against Korean women and students, were numerous, but there were also incidents directed at other racial and ethnic minorities. Legal experts pointed out that hate speech against Chinese and Ainu also increased after the COVID-19 outbreak and the opening of the government-run National Ainu Museum in July, respectively.
As of October, three local governments had ordinances to prevent hate speech–Osaka City, Tokyo Metropolitan, and Kawasaki City. In January a public center for exchange programs with foreign nationals run by the city of Kawasaki received letters threatening the genocide of ethnic Koreans in Japan. This came after the city government became the first municipality to pass an ordinance with a penalty (a fine) for repeat offenders of hate speech in public places. In July, Kawasaki authorities arrested a suspect for violating the ordinance. Moreover, the Kawasaki city government requested in October that Twitter delete two messages the city identified as hate speech against an ethnic Korean woman. This was the first such request the city submitted to a social media company since the ordinance went into effect.
Freedom of Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction.
While no such cases have ever been pursued, the law enables the government to prosecute those who publish or disclose government information that is a specially designated secret. Those convicted face up to five years’ imprisonment with work and a substantial fine.
Censorship or Content Restrictions: Domestic and international observers continued to express concerns that the system of kisha (reporter) clubs attached to government agencies may encourage censorship. These clubs are established in a variety of organizations, including ministries, and may block nonmembers, including freelance and foreign reporters, from covering the organization.
Libel/Slander Laws: Libel is a criminal as well as civil offense. The law does not accept the truthfulness of a statement in itself as a defense. There is no evidence the government abused these laws to restrict public discussion during the year.
b. Freedoms of Peaceful Assembly and Association
The constitution provides for freedom of assembly and association, and the government generally respected these rights.