Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

Detainees are to be given the opportunity to bathe every day to the extent possible; provided, however, that this does not apply if there is a risk of hindrance to the maintenance of discipline and order at the immigration detention centers, etc. or otherwise to their administration and operation.

Attendance at the bathing of a female detainee must be carried out by a female immigration control officer; provided, however, that if a female immigration control officer is unable to do so, a female official other than an immigration control officer may do so.

The medical examination pursuant to the provisions of Article 55-41, paragraph (2) of the Act is to be conducted with regard to the following particulars and any other particulars that the physician finds necessary; provided, however, that if the physician finds it unnecessary, taking into consideration the detainee's age, state of health, the results and timing of the most recent medical examination, the results of medical care other than medical examinations, the period until the next medical examination and other circumstances, all or some of the particulars listed in item (i), item (iii) (excluding the measurement of weight) and items (v) through (xi) may be omitted:

investigation of past medical history and family medical history;

examination of subjective and objective symptoms;

measurement of height and weight;

measurement of blood pressure;

examination for the presence of sugar and protein in urine;

chest X-ray examination;

examination of hemoglobin level and red blood cell count;

examination of serum glutamic oxaloacetic transaminase (GOT), serum glutamic pyruvic transaminase (GPT) and gamma-glutamyl transpeptidase (γ-GTP);

examination of the levels of serum total cholesterol, high-density lipoprotein cholesterol (HDL cholesterol), serum triglycerides, hematocrit, HbA1c and serum creatinine (eGFR);

blood glucose test;

electrocardiogram.

The permission of the director of an immigration detention center, etc. pursuant to the provisions of Article 55-43, paragraph (1) of the Act is to be granted if it does not hinder the prevention of the detainee escaping, injuring themselves or inflicting harm on another person, damaging the facilities, equipment or other objects of the immigration detention centers, etc. or of a hospital or clinic, or destroying evidence relating to a case of a violation.

When permitting a detainee to receive medical treatment (including nutritional support measures; the same applies hereinafter) pursuant to the provisions of Article 55-43, paragraph (1) of the Act, the director of an immigration detention center, etc. is to give specific instructions on the following matters to the physician or dentist providing the medical treatment set forth in the same paragraph:

when providing medical treatment at the immigration detention centers, etc., not to enter any place other than the place where the medical treatment is provided without justifiable grounds;

when providing medical treatment at the immigration detention centers, etc., not to use any instruments, materials, medicines or other goods used for medical treatment, or any medical equipment, other than those designated by the director of an immigration detention center, etc.;

not to give or receive money or goods to or from the detainee, except where permitted by the director of an immigration detention center, etc.;

not to have conversations with the detainee that clearly go beyond the scope necessary for medical treatment;

to take the measures necessary to prevent the detainee from escaping;

beyond what is listed in the preceding items, not to engage in any act that is likely to hinder the maintenance of discipline and order at the immigration detention centers, etc. or otherwise hinder their administration and operation.

Haircuts or shaving pursuant to the provisions of Article 55-44 of the Act are to be carried out at a place designated by the director of an immigration detention center, etc.

The measures provided for in Ministry of Justice Order as prescribed in Article 55-45 of the Act are the following measures:

disinfection, disposal or any other measure to prevent the multiplication and dispersal of pathogens with regard to food and drink, clothing or other goods contaminated or suspected of being contaminated with the pathogens of an infectious disease;

not allowing bathing, haircuts, shaving or laundry;

not allowing visits;

not giving the opportunity to exercise;

beyond what is listed in the preceding items, measures that the director of an immigration detention center, etc. finds particularly necessary to prevent the occurrence of an infectious disease or to prevent its spread.

The security equipment prescribed in Article 55-51, paragraph (3) of the Act is as follows:

batons;

police staffs;

restraining forks;

shields.

The handcuffs that may be used when escorting a detainee are to be Type 1 or Type 3 handcuffs as prescribed in the Appended Table VIII, except where there is a risk that the detainee will engage in an act falling under any of the items of Article 55-52, paragraph (1) of the Act.

When using arresting ropes on a detainee, care must be taken not to significantly impede blood circulation.

If an immigration control officer has used arresting ropes or handcuffs in the case where there is a risk that a detainee will engage in an act falling under any of the items of Article 55-52, paragraph (1) of the Act, the officer must promptly report that fact to the director of an immigration detention center, etc.

The specifications of arresting ropes and handcuffs prescribed in Article 55-52, paragraph (2) of the Act are as provided in the Appended Table VIII.

The standards for the structure and equipment of protection rooms are as follows:

having a structure and equipment that make it difficult for the person placed in the room to injure their body;

having a structure and equipment that are difficult to damage or soil;

having a structure and equipment that are effective for soundproofing;

having a structure and equipment that do not hinder observation of the inside of the room;

having a structure and equipment for appropriate ventilation, lighting, heat retention, moisture prevention and drainage.