efinition of torture as a distinct crime into the Criminal Act that provides all elements including its me
ntal and psychological aspects.
- In this regard, the government is in a position that since Article 125 of the Criminal Act prescribes
punishment against an act of violence or cruelty which include psychological torture, amendment of the
Criminal Act is unnecessary.
2) Questions
- The government should amend its legislation to explicitly include the definition of torture that f
ully complies with Article 7 of the Convention and other international standards. In addition, it i
s needed to completely criminalize acts of torture including psychological and mental aspects. Plea
se specify stance in this regard.
16. Human Rights in Detention Facilities
1) Current Status
- The government states that it guarantees the right of inmates to meeting and communication but und
er Article 41 of the Administration and Treatment of Correctional Institution Inmates Act 9, the grounds
for prohibition of meeting with people outside a correctional institution are vague, which enables arbitr
ary prohibition of meeting by correctional institutions.
- The government says that it is enhancing medical treatment by providing annual health examination, t
elemedicine system, and medically specialized prison. However, with excessive time required to receive
9
「Administration and Treatment of Correctional Institution Inmates Act」 Article 41 (1)Prisone
rs may meet with persons outside a correctional institution: Provided, That this shall not ap
ply in any of the following cases:
1. Where prisoners are likely to engage in any behavior in violation of criminal law;
2. Where a ruling prohibiting meetings is rendered under the Criminal Procedure Act or any
other Act;
3. Where it is likely to do harm to edification of convicted prisoners or their sound rehabilit
ation into society;
4. Where it is likely to do harm to the security or order of the institution.