Kurobane Prison Japan [Archive]

ladyarkles

03-23-2007, 06:35 PM

Ok, this is some info from the Japan Bar Association that gives general information about the Japanese Prison system.
You can download the booklet at this address http://www.nichibenren.or.jp/en/legal/prison_inmates.html

As the information is quite lengthy I have only copied some of the info here to give you an idea.

Japan Federation of Bar Associations
Foreword
For most inmates, it is the first experience staying in prisons. So, it is often difficult for them to solve the problems happen there.
Of course, the prisons provide the inmates with precautions or a guidebook. Such information, however, is not sufficient to prepare the inmates for imprisonment.
This booklet consists of advice for the frequently asked questions which need more explanations. We hope this booklet will help the inmates understand more about the life in prisons and to solve their problems.
Since this is our first attempt to make this sort of booklet for the inmates, it may be insufficient. We will improve and revise this booklet, and so we welcome any written comments and opinions from you.
We added chapter XI to the first edition of this booklet for foreign prison inmates, and made an English version. If you wish to have a copy of the English version, please contact us. Both Japanese and English versions are available on our website.

Japan Federation of Bar Associations (JFBA)

Information for Prison Inmates
I. Visit and Outside Contact
Who can visit an inmate?
Legal basis for visit
Article 45, Paragraph 2 of the Prison Law stipulates visit of inmates as, "Only relatives may visit inmates. If deemed necessary, however, non-relatives may visit inmates." Provisions beginning with Article 121 of the Prison Law Enforcement Regulations stipulate more specific provisions such as the duration of a visit, frequency of visits, and the procedure for application. The Guide to Prison Life that you have received from the prison provides prison rules set by the warden based on the above provisions, and should also state rules on visit.
Limiting visit to relatives deviates from the international standards. Maintaining contacts with outside society plays an important role in rehabilitation after release from prison. Described below, however, are the actual practices at prisons.
What relatives can visit?
An inmate can receive visits, as a rule, only by relatives. "Relatives," as used here, are interpreted to include common-law spouse, but not boyfriend, girlfriend, or fiancée.
While an adopted child or parent, with whom the inmate has entered into adoption after imprisonment is considered as a "relative," a prison sometimes prohibits visit if it regards that the sole purpose of the adoption was to visit inmates.
Visit by non-relatives
The condition under which visit by a non-relative is permitted, "if deemed necessary," is currently interpreted as "when deemed reasonable for the purpose of correction."
In practice, visit by the following individuals are permitted: 7
Guarantor
An individual who has agreed to be the inmate's guarantor after his/her release from prison may visit the inmate to confirm his/her health or discuss where he or she will reside or work after release from prison.
Counsel for civil case
If the inmate has filed a civil case or one has been filed against him or her, the attorney whom the inmate has retained can visit the inmate to discuss the case. If an inmate requests for visit by a particular attorney so the inmate can retain the attorney for a civil case, the attorney is, in principle, permitted to visit with the inmate to discuss that particular case.
Investigation of human rights relief by the Bar Association
If an inmate requests the Bar Association for human rights relief, an attorney in charge of investigation may visit the inmate to discuss the case with the inmate. Such visit is also permitted.
The above are primary actual examples when non-relatives are permitted to visit an inmate. To receive any other visitor, an inmate must explain to the prison the relationship between the visitor and the inmate, purpose of the visit, and the necessity of the visit, and request the prison's permission.
How long can a visit last?
As a rule, a visit is limited to 30 minutes. Extension beyond 30 minutes is subject to approval by the warden. In cases such as an investigation by an attorney in charge of a human rights relief case of the Bar Association as mentioned above, some of these attorneys have successfully negotiated with the prison to extend the visit beyond 30 minutes.

Can I receive a visitor without a prison officer in attendance?
Article 127 of the Prison Law Enforcement Regulations requires the presence of a prison officer during visit. Therefore, even when a counsel for a civil case meets with an inmate to discuss the case or an attorney investigates a human rights relief case on behalf of the Bar Association, a prison officer monitors and records the details of the visit.
Although the Bar Association has requested for the absence of a prison officer, especially during visits to discuss a civil case against the penitentiary or a human rights relief case, prisons have so far refused the request. As an exception, inmates who are class 1 under the Ordinance for Prisoner's Progressive Treatment are sometimes permitted to meet visitors without the attendance of a prison officer.

To whom and how often can I send letters?
The same rule as for visit applies to the recipient and frequency of letters. In essence, an inmate is, as a rule, only permitted to send letters to "relatives." Only when the warden "deems necessary" can an inmate send a letter to any other individual (Article 46, Paragraph 2 of the Prison Law). The frequency is once a month for class 4 inmates under the Ordinance for Prisoner's Progressive Treatment, twice a month for class 3, once a week for class 2, and unlimited for class 1.
Such rules and practice do not meet international standards, and must be improved. Again, however, only the actual practice is described here.
Non-relatives to whom an inmate can send letters are the same as those as described under Q1. Examples include when the recipient was the inmate's school teacher and the letter serves an educational purpose (i.e., useful for correctional purpose), when the letter must be sent to protect the inmate's own legal rights, such as to solicit for repayment of a loan, or when it is necessary to file a lawsuit or to exercise the rights of the inmate. Such letters are not included in the restriction on the number of letters that can be sent as described above.

Are there restrictions on the letters thatan inmate can receive?
An inmate can only receive letters written by "relatives" and letters written by those "deemed necessary" by the warden. There is no restriction on the number of letters an inmate may receive.
The content of each letter is censored. If the content is found to be inappropriate, then parts may be deleted or an inmate may not be allowed to receive the letter.