NCJ Number
80252
Date Published
Unknown
Length
15 pages
Annotation
The basis for litigation to secure prisoners' rights in Japan is explained, and judicial precedents in various areas of prisoners' rights are presented.
Abstract
Under Japanese law, citizens can sue administrative agencies to revoke illegal administrative dispositions, as well as State and local public entities for damages caused by the illegal dispositions of a public servant. Prisoners can use these options when they believe they have been treated illegally by corrections officials. In the use of instruments of restraint, the courts have ruled that they are only justified to prevent escape and violence or when they are essential to maintaining discipline in a correctional institution. The courts have ruled that body ('strip') searches can be used for security precautions in a correctional institution, but the place, time, and method of search should not demean the prisoners. The courts have also determined that religious teaching and services must be permitted in correctional institutions, but they cannot be compulsory. Court decisions on restricting prisoners' reading permit such restrictions when it can be shown that they are necessary for essential security maintenance and correctional treatment. Restriction on the number of books that can be in the possession of a prisoner at a given time must be determined according to the specifics of each case. The courts permit only one kind of newspaper to be circulated among prisoners; prisoners are not allowed to buy newspapers at their own expense.