Japan - Committee on the Rights of Persons with Disabilities - Death penalty - July 2022
Country: Japan
Partners: World Coalition Against the Death Penalty
Issues: Death Penalty
Mechanism: UN Committee on the Rights of Persons with Disabilities
Report Type: Shadow/Parallel Report
This report addresses Japan's compliance with its human rights obligations under the Convention on the Rights of Persons with Disabilities and with regards to the death penalty. It considers issues individuals with psycho-social disabilities face in the Japanese criminal justice system, particularly as it concerns the Japanese government's continued sentencing and use of the death penalty. The Japanese government fails to provide accommodation to both defendants and individuals with disabilities already detained, leading to violations of their right to equal recognition before the law and to life; impairing their access to justice; and placing them at risk for torture, cruel or degrading punishment. Issues discussed in this report include the inadequate qualification and framework of what is considered to be "insanity" as a mitigating factor, the use of lay-judges that may not fully grasp the complexities of psychiatric evaluations, and the inadequate services and support given to persons with disabilities who are currently detained.
