Changes

One of the most important duties carried out by the police is the so-called "house visit." Twice a year, "residence information cards" are filled in by police officers during door-to-door visits of each household within their precinct. These cards contain information about who lives in the house and which family member to contact in case of emergency, the relationship between the various occupants of the house, their occupations, working hours, and even the make of car they own.<ref>L Craig Parker; The Japanese Police System Today: An American Perspective; Kodasha International; 1984</ref> As part of the home visits, all gun licensees are checked, to ensure that their gun has not been stolen or misused, that it is securely stored as per regulations, and that the licensees are emotionally stable.

One of the most important duties carried out by the police is the so-called "house visit." Twice a year, "residence information cards" are filled in by police officers during door-to-door visits of each household within their precinct. These cards contain information about who lives in the house and which family member to contact in case of emergency, the relationship between the various occupants of the house, their occupations, working hours, and even the make of car they own.<ref>L Craig Parker; The Japanese Police System Today: An American Perspective; Kodasha International; 1984</ref> As part of the home visits, all gun licensees are checked, to ensure that their gun has not been stolen or misused, that it is securely stored as per regulations, and that the licensees are emotionally stable.

However, police surveillance goes beyond house visits and checking up on license owners. Japanese police have a long-standing tradition of keeping tabs on the local populace and monitoring every aspect of life (a fact which came to light with the inclusion of such statistics as the disturbing "Background and Motives for Girls' Sexual Misconduct" in the the nation's official year-end police report.<ref>National Police Agency, Japanese Government, White Paper on Police 1986 (excerpt), translation: Police Association (1986), page 70</ref> Virtually every citizen is the subject of a police dossier of one form or another.

However, police surveillance goes beyond house visits and checking up on license owners. Japanese police have a long-standing tradition of keeping tabs on the local populace and monitoring every aspect of life (a fact which came to light with the inclusion of such statistics as the disturbing "Background and Motives for Girls' Sexual Misconduct" in the nation's official year-end police report.<ref>National Police Agency, Japanese Government, White Paper on Police 1986 (excerpt), translation: Police Association (1986), page 70</ref> Virtually every citizen is the subject of a police dossier of one form or another.

===Is Japan a Police State?===

===Is Japan a Police State?===

Even if the initial 28 day detention period has expired, detention in a Japanese police station often continues, based on numerous pretexts, such as preventing the defendant from destroying evidence. Another common tactic is to re-arrest the suspect on another charge, called ''bekken taihou'' (別件大法; literally, "separate case, basic law"), which means a fresh 28-day detention period under interrogation. This "rearrest" often occurs whilst the suspect is still being held on the first charge. Some defendants may be held for several months without ever being brought before a judge. The courts approve around 99.5% of prosecutors' requests for extended detentions.<ref>The Joint Committee of the Three Tokyo Bar Associations for the Study of the Daiyö-Kangoku (Substitute Prison) System, Torture and Unlawful or Unjust Treatment of detainees in Daiyö-Kangoku (Substitute Prisons) in Japan (1989)</ref><ref>K Nakayama; "Japan", published in G Cole, S Frankowski, and M Gertz (eds); Major Criminal Justice Systems: A Comparative Survey; Sage Press; 1987; page 181</ref>  

Even if the initial 28 day detention period has expired, detention in a Japanese police station often continues, based on numerous pretexts, such as preventing the defendant from destroying evidence. Another common tactic is to re-arrest the suspect on another charge, called ''bekken taihou'' (別件大法; literally, "separate case, basic law"), which means a fresh 28-day detention period under interrogation. This "rearrest" often occurs whilst the suspect is still being held on the first charge. Some defendants may be held for several months without ever being brought before a judge. The courts approve around 99.5% of prosecutors' requests for extended detentions.<ref>The Joint Committee of the Three Tokyo Bar Associations for the Study of the Daiyö-Kangoku (Substitute Prison) System, Torture and Unlawful or Unjust Treatment of detainees in Daiyö-Kangoku (Substitute Prisons) in Japan (1989)</ref><ref>K Nakayama; "Japan", published in G Cole, S Frankowski, and M Gertz (eds); Major Criminal Justice Systems: A Comparative Survey; Sage Press; 1987; page 181</ref>  

During a suspect's detention, he may only receive visits from his criminal defense lawyer, and these meetings are strictly limited to 15 minutes at a time and between 1 to 5 visits, depending on the length of the detention. These visits can even be denied if they hamper the police investigation. During the same time, police can interrogate the suspect for up to 12 hours a day and complaints of abuse and torture are rife.<ref>Baba v Japan (Sapporo High Court, 1950) (defense counsel had 20 minutes of access on the third day, and 30 minutes each on the ninth and tenth days of detention; this amount of access was deemed reasonable by the court)</ref><ref>'Japan, Behind the Myth of Japanese Justice', American Lawyer, July/August 1985</ref> [[Amnesty International]] have called the Japanese police custody system a "flagrant violation of [[United Nations]] human rights principles".<ref>"News and Notes"; 1990' 7 CJ International</ref>

During a suspect's detention, he may only receive visits from his criminal defense lawyer, and these meetings are strictly limited to 15 minutes at a time and between 1 and 5 visits, depending on the length of the detention. These visits can even be denied if they hamper the police investigation. During the same time, police can interrogate the suspect for up to 12 hours a day and complaints of abuse and torture are rife.<ref>Baba v Japan (Sapporo High Court, 1950) (defense counsel had 20 minutes of access on the third day, and 30 minutes each on the ninth and tenth days of detention; this amount of access was deemed reasonable by the court)</ref><ref>'Japan, Behind the Myth of Japanese Justice', American Lawyer, July/August 1985</ref> [[Amnesty International]] have called the Japanese police custody system a "flagrant violation of [[United Nations]] human rights principles".<ref>"News and Notes"; 1990' 7 CJ International</ref>

The Japanese legal system can best be described as "an omnipotent and unitary state authority." As all the law enforcement administrators in Japan are appointed and funded by the National Police Agency, the police are effectively protected from complaints from politicians or citizens.<ref>J Williams; "Japan: The price of safe streets"; Washington Post; 13 October 1991</ref> The only check on the State's power is its own conscience.

The Japanese legal system can best be described as "an omnipotent and unitary state authority." As all the law enforcement administrators in Japan are appointed and funded by the National Police Agency, the police are effectively protected from complaints from politicians or citizens.<ref>J Williams; "Japan: The price of safe streets"; Washington Post; 13 October 1991</ref> The only check on the State's power is its own conscience.