宣言・決議・意見書・声明等

　When two detainees, an Iranian citizen and a Turkish citizen (below, “the Informants”), who were in detainment at East Japan Immigration Control Center at that time, reported to the Working Group on Arbitrary Detention (“WGAD”) on October 10, 2019, on the illegality of their own detention, WGAD adopted on August 28 2020 the Opinion to the effect that detention of the Informants “falls under arbitrarily detainment in violation of international law.” (the representative of the Informants was notified to this effect on September 30 of the same year). This is the first time for WGAD to express an opinion regarding Japan’s immigration detention.

　In the relevant Opinion, WGAD clearly found that deprivation of the Informants of freedom was “arbitrary” and in violation of Articles 2, 3, 8, 9, and 14 of the Universal Declaration of Human Rights and Articles 2, 9, and 26 of the International Covenant on Civil and Political Rights, and a violation of international law.

　Additionally, WGAD requested that an independent investigation be conducted regarding the situation in which the Informants were deprived of their freedom, that appropriate measures be taken against the persons responsible, and that remedial measures be performed for the Informants, who are victims. Then, it requested the Japanese government amend the Immigration Control and Refugee Recognition Act to fulfill its obligations under international law.

　WGAD furthermore clarified the following matters.

　In addition, WGAD requested that the Japanese government announce this Opinion of WGAD to the broadest extent possible, using all means, and accept visit surveys by WGAD (country visit).

　The unlawfulness of the “all-case detention principle” advocated by the Japan’s Ministry of Justice and Immigration Services Agency of Japan has been brought to light. It has become apparent once again that the policies of the Ministry of Justice and the Immigration Services Agency of Japan, which ignore both necessity and appropriateness in detaining people, are in violation of International Law. The inviolable rule of international law, that is, that physical restraint of persons should be the “final resort,” has been up to now ignored in Japan as though it did not even exist, however, such an era of flouting international law should be brought to an end.

　Looking back on a history in which a succession of persons from amongst the detainees in immigration detention facilities died due to illness, committed suicide, and even died due to starvation, one after another, while the Ministry of Justice or the Immigration Service Agency of Japan has strictly followed up to now the principles of all-case detention and indefinite detention, it is apparent that the request to comply with international law is an urgent issue directly connected to human life.

　Now it has become apparent again that indefinite detention, which has over many years afflicted irregular residents who have come from harsh circumstances, including many applicants for refugee recognition, is also a violation of international law.
The WGAD opinion has again made it clear that there is a requirement under international law to impose an upper limit on detention periods, as a matter of course.

　As stated in the Opinion issued by the KAFBA as of July 27, 2020, it has been reported that there is a possibility of deliberations on revising the Immigration Control and Refugee Recognition Act at the Extraordinary Diet Session this fall or at the Regular Diet Session next year based on the recommendations from the expert group on detention and repatriation.
However, both the relevant recommendations and the directions for a draft revision of the Act, parts of which have been reported recently, have positioned detention as the general rule and release as an extraordinary measure that can be taken exceptionally with conditions attached, and moreover, considering the points that judicial assessment is not made a requirement for detention, and that even unlimited detention is made possible, they hold a standpoint that is diametrically opposite to the opinion of WGAD at this time, and are in direct contradiction to international law.

　Japan cannot any longer be allowed to continue as a lawless region in which International Law does not apply.

　Without even citing Article 98, paragraph 2 of the Constitution, a nation that does not observe international law is a lawless nation, and no people living in such a place can live happy lives. The Federation is urgently requesting the immediate abolishment of both the all-case detention principle and indefinite detention in Japan’s immigration detention system, becoming compliant with international law, and prompt acceptance of the country visit and survey by WGAD.