Mistreated prisoners in Japan

The continuing saga of the Nick Baker case should give all visitors to Japan some serious pause for thought. Mr. Baker was found guilty in a Japanese court of trying to smuggle 41,120 tablets of esctacy and 990 grams of cocaine into Narita Airport inside a suitcase with a false bottom back in April of 2002, and was sentenced to 14 years in prison.

Baker's lawyers are currently trying to convince a Japanese court to give the 33-year-old Briton a shot at an appeal, which, if deemed reasonable, will be scheduled for sometime in March. They claim both the Japanese police investigations and the trial were flawed.

Whether Mr. Baker is actually guilty of the crime or not, the case has the distinction of highlighting some serious allegations about the Japanese judicial and penal systems. Was Mr. Baker given a fair trial? Why was evidence showing the arrest of Nick Baker's travelling companion in Brussels disallowed in court, and would it have been enough to exonerate him? Did Japanese translators at the airport mistranslate Baker's answers? Why was there no video of his 23-day interrogation in a police holding facility, and did Japanese police force him to confess to a crime he didn't commit?

Since his incarceration, Nick Baker's supporters have been trying to bring international attention to his plight. His mother Iris told The Foreigner Nick is becoming very ill because of several months of solitary confinement. She also noted he has frostbite because of the cold conditions of his cell. He was even punished, she says, because he didn't eat a kiwi fruit at the 'right time'. Baker has apparently even been told not to talk, while other Japanese inmates are allowed to speak to each other without punishment. These accusations of Baker's questionable treatment hits squarely in the category of human rights violations.

Baker is not the first, (nor no doubt will he be the last), foreigner to be dragged through the Japanese justice system. A number of foreigners from countries around the world, including North America, the Middle East and Asia are currently serving time in Japanese prisons. Their treatment, however, is the question at hand.

During the trial of American Air Force Staff Sgt. Timothy B. Woodland, accused of raping an Okinawan woman on June 29, 2001, the Japan Federation of Bar Associations went on record stating that the Japanese criminal justice system is far behind international standards.

At that time, the JFBA said many of the human rights guaranteed in Japan's Code of Criminal Procedure were not much more than window dressing. Bail, for example is a statutory right, the JFBA noted that 80 per cent of suspects in Japan face trial while still in custody, undermining bail as a right. In fact, if a foreigner denied he or she has done a crime, it was impossible to get bail.

In 1998 the United Nations Human Rights Comittee issued a report that painted Japan in a very dubious light. The meeting, held at the Palais des Nations, Geneva, Oct. 28, 1998, noted several points the Japanese government needed to address.

Material presented to the HRC indicated that 'in Japan prisoners were deprived of all their rights, except those granted by the prison authorities'. This included basic rights such as freedom of speech, association with other people, as well as family rights.

In connection with an article of the report dealing with death row inmates, the HRC noted people were more likely to 'become mentally distressed as a result of long-term total isolation and solitary confinement', and that if those in charge had the prisoner's best interests at heart, they would be allowed to 'maintain contact with the outside world, especially with those close to them.'

There were also criticisms in regard to general prison conditions, including the punishments imposed on people who broke the rules, and the restricted eye contact and communication between inmates. The HRC found that breaking the rules could lead to solitary confinement, and the use of painful leather handcuffs which restricted the prisoner's ability to eat and use the toilet normally. On top of this, the committee had been informed by NGO's (non-governmental organizations like the Japan Federation of Bar Associations) that there was no heating in Japanese prisons, and prisoners had no way to protect themselves from the cold.

These criticisms by the United Nations human rights committee were made before the Japanese government announced sweeping reforms to their judicial and penal systems. If the allegations partaining to Nick Baker's case are true, then it would prove the Japanese government has actually done little to improve its human rights record, and that the Japanese Judicial Reform Council, established in 1999, still has a long way to go.

This is why Baker's appeal becomes so important, and why all visitors to Japan should be made aware that something darker may lie under that polished facade of giggling school girls, incessant politeness, and high-end electronics. But we'll all have to wait until March to see what results come from the appeal.

Links to more information on this topic:

The Judicial Reform Council

The Judicial Systems of Japan and the US

Woodland Trial May Spotlight Flaws In Japanese Criminal Justice System

JFBA Publishes President's Comment and the Opinion on the Investigation Process

United Nations Human Rights Comitee's Summary Record of the 1715th Meeting: Japan

SEE ALSO: The Foreigner - Japan's article on Nick Baker, dated Nov. 15, 2003