In a damning revelation, Human Rights Watch, in a report unveiled today, exposes the severe human rights violations and mistreatment suffered by numerous women in Japanese prisons. The comprehensive 76-page report, titled “‘They Don’t Treat Us like Human Beings’: Abuse of Imprisoned Women in Japan,” meticulously documents the appalling conditions prevalent in women’s prisons across the country.
The report contends that government policies toward incarcerated women in Japan not only breach international human rights conventions but also run counter to established global standards, including the United Nations Standard Minimum Rules of the Treatment of Prisoners, widely known as the Mandela Rules.
Among the alarming findings, the report highlights instances of restraints being used on pregnant women, the arbitrary imposition of solitary confinement as punishment, verbal abuse of female inmates, the denial of opportunities for incarcerated mothers to parent their children in prison, and inadequate access to essential health and mental health care.
Japan’s imprisonment of women for the mere possession and use of drugs without ensuring access to effective and evidence-based treatment for substance use disorders is also criticized in the report. The limitations imposed on judges in utilizing alternatives to imprisonment, such as community service, further compound the issue, particularly for crimes like petty theft.
Human Rights Watch conducted extensive research across Japan from January 2017 to January 2023, involving interviews with nearly 70 individuals, including dozens of formerly imprisoned women, as well as legal and justice reform experts.
Despite the existence of Article 482 in Japan’s Criminal Procedure Code, which permits prosecutors to suspend prison sentences based on factors like age, health, and family situation, the report reveals that prosecutors rarely invoke this law. Over the past five years, only 11 incarcerated women had their sentences suspended.
Once imprisoned, women face a litany of abuses, including mistreatment of imprisoned transgender individuals, inadequate access to essential services, separation from their babies, and excessively restrictive communication measures both within and outside the prison walls.
The report concludes that Japan, as a party to core international human rights conventions, including the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, is in violation of these agreements. The Japanese justice system and prison practices, as detailed in the report, contravene international rules and standards, including the Mandela Rules, the UN Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules), and the UN Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules). Human Rights Press emphasizes the urgent need for corrective action to align with these established norms and uphold the rights of incarcerated women in Japan.
