PRISON ABUSE? RIGHT TO ATTORNEY
KEYWORDS: CRIMINAL LAW, PRISONERS’ RIGHTS

Perhaps as another example of Japan’s get tough campaign, Japanese prisons as of 2003 had over 60,000 prisoners, the highest level in over 40 years and 117% of capacity.  A number of scandalous cases began to appear in the press in Japan in late 2001 into 2002 involving prison abuse of prisoners, even resulting in some of their deaths. One prisoner had died while handcuffed and another had a high pressure water hose stuffed up his anus and he also died.  In the first criminal case involving these events, one prison guard was given a 2 year suspended prison term. The families of the hose victim filed a civil suit against the state seeking 88 million yen in damages. Another prison guard was arrested and charged with having sex with a prisoner being held until sentencing.The Hiroshima District Court ordered the state to pay 150,000 yen in damages due to the refusal of a prison to permit a prisoner to meet privately with his lawyer, in violation of his rights. The Tokyo District Court also ordered the national government to pay 1.2 million for failing to provide an inmate awaiting trial with adequate medical treatment. The man had suffered a stroke. As a part of an experiment, the government has agreed to permit a private-run prison.

Copyright 2005. All rights reserved Attorney Roderick H. Seeman

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