Immigration Control and Refugee Recognition Act

Detention houses are established in regional immigration services bureaus.

Immigration detention centers, etc. are facilities that detain the following persons and provide those persons with necessary treatment:

persons subject to enforcement of written detention orders; and

persons who have been issued a deportation order and are detained pursuant to the provisions of Article 52, paragraph (9), or Article 52-4, paragraph (5) or (6), or pursuant to the provisions of Article 55, paragraph (3) or (4) (including as applied mutatis mutandis pursuant to paragraph (5) of that Article).

The treatment of detainees (meaning persons detained in an immigration detention center, etc.; the same applies hereinafter in this Chapter and in Article 71-6) must be carried out appropriately while respecting the human rights of detainees.

Detainees must be given as much freedom as possible to the extent that it does not interfere with the security of the immigration detention center, etc.

The director of the immigration detention center or the director of the regional immigration services bureau (hereinafter referred to as the "director of the immigration detention center, etc." in this Chapter and Chapter VIII) must endeavor to give detainees assistance with intellectual, educational and recreational activities and other activities, pursuant to Ministry of Justice Order.

The director of the immigration detention center, etc. is to keep books in the immigration detention center, etc. as a measure of assistance under the provisions of the preceding paragraph. In this case, the method of reading the books kept is to be determined by the director of the immigration detention center, etc.

Worship or other religious acts performed by a detainee alone must not be prohibited or restricted; provided, however, that this does not apply if there is a risk of hindrance to the maintenance of discipline and order in the immigration detention center, etc. or otherwise to its administration and operation.

A detainee's reading of books, etc. obtained at their own expense (meaning books, magazines, newspapers and other documents and drawings (excluding letters); the same applies hereinafter in this Chapter) must not be prohibited or restricted, except in the case prescribed in the following paragraph.

If a detainee's reading of books, etc. is likely to result in harm to the discipline and order of the immigration detention center, etc., the reading may be prohibited.

Male detainees and female detainees must be detained separately; provided, however, that this does not apply if the director of the immigration detention center, etc. finds it particularly necessary, such as in the case where a detainee needs to care for an infant who is a detainee.

The director of the immigration detention center, etc. must endeavor to have female immigration control officers carry out the treatment of female detainees, even in cases other than the physical inspection set forth in Article 55-19, paragraph (2) and the inspection of the body or clothing set forth in Article 55-49, paragraph (2).

In order to ensure the proper enforcement of the provisions of this Chapter, the Commissioner of the Immigration Services Agency must, as provided for by the Minister of Justice, designate auditors from among the officials of the Agency and have them conduct an on-site audit of each immigration detention center, etc. at least once a year.

An Immigration Detention Facilities Visiting Committee (hereinafter referred to as the "Committee" in this Section) is established in each immigration services office specified by Ministry of Justice Order.

In order to contribute to the proper administration of immigration detention facilities, the committee is to inspect the immigration detention facilities in the area it is in charge of as provided by Ministry of Justice Order and state its opinion regarding their administration to the director of the immigration detention facilities.

The committee is to be composed of a maximum of 10 members.

The Minister of Justice is to appoint committee members from the persons that possess high level of integrity and have enthusiasm for the improvement of the administration of immigration detention facilities.

The term of the committee members is 1 year and they may be reappointed.

The committee members are to serve on a part-time basis.

Beyond what is provided for in the preceding paragraphs, necessary particulars regarding the organization and administration of the committee are provided by Ministry of Justice Order.

The director of immigration detention facilities is to provide the committee with information on the immigration detention facilities regarding its state of administration periodically or as needed, pursuant to the provisions of Ministry of Justice Order.

The committee may inspect the immigration detention facilities through visits by its committee members in order to gain an understanding of the situation of the administration of the immigration detention facilities. In this case, if the committee finds it necessary, it may seek cooperation from the director of the immigration detention facilities for conducting interviews of detainees by committee members.

Directors of immigration detention facilities must provide cooperation necessary for inspections and interviews as set forth in the preceding paragraph.

Notwithstanding the provisions of Article 55-60, paragraph (1), Article 55-61 and Article 55-62, documents that a detainee submits to the Committee must not be inspected, and their submission must not be stopped or restricted.

The Minister of Justice is to annually compile the opinions expressed by the committee to the directors of the immigration detention facilities and the content of measures taken by the directors of the immigration detention facilities in response and is to publicize their outline.

In addition to carrying out the affairs prescribed in Article 55-10, paragraph (2), in order to contribute to the proper operation of departure waiting facilities (meaning the facilities specified by Ministry of Justice Order prescribed in Article 13-2, paragraph (1); the same applies hereinafter in this paragraph and in Article 59, paragraph (3)), the Committee is to visit the departure waiting facilities located within its area of responsibility specified by Ministry of Justice Order and state its opinions concerning their operation to the director of the regional immigration services bureau having jurisdiction over the location of the Departure Waiting Facility.

The provisions of the preceding two Articles are applied mutatis mutandis in conducting the administrative affairs prescribed in the preceding paragraph.

If a person requests a tour of the immigration detention center, etc., the director of the immigration detention center, etc. may permit it if the director finds it appropriate.

Immigration control officers working at immigration detention centers, etc. are to be given the education and training necessary to deepen their understanding of the human rights of detainees and to acquire and improve the knowledge and skills necessary for carrying out the treatment of detainees appropriately and effectively.

A physician or dentist on staff (meaning a physician or dentist who is an official of an immigration detention center or a regional immigration services bureau; the same applies hereinafter in this Chapter) to whom the Medical Service Salary Schedule (I) in Appended Table 8 (a) of the Act on Remuneration of Officials in the Regular Service (Act No. 95 of 1950) applies may, if intending to engage in outside medical practice (meaning the practice of medicine or dentistry at a hospital, clinic or any other facility specified by Cabinet Secretariat and Ministry of Justice Order as being equivalent thereto (limited to a facility whose staff do not have the status of national public employees) (excluding practice that the physician or dentist on staff engages in while concurrently holding the position of officer, advisor or councilor of an organization and practice that the physician or dentist on staff engages in by personally operating a private enterprise for profit); the same applies hereinafter in this Article), obtain the approval of the Commissioner of the Immigration Services Agency pursuant to Cabinet Secretariat and Ministry of Justice Order if engaging in the outside medical practice falls under either of the following items:

the case where it results in the medical officer not working during their regular working hours (meaning the regular working hours prescribed in Article 13, paragraph (1) of the Act on Working Hours, Leave, and Other Matters of Officials in the Regular Service (Act No. 33 of 1994); the same applies hereinafter in this Article); or

the case where it is engaged in for remuneration.

If a physician or dentist on staff who has obtained the approval set forth in the preceding paragraph does not work during their regular working hours in order to engage in the outside medical practice pertaining to that approval, the provisions of the first sentence of Article 101, paragraph (1) of the National Public Service Act (Act No. 120 of 1947) do not apply with respect to the hours not worked.

If a physician or dentist on staff who has obtained the approval set forth in paragraph (1) engages in the outside medical practice pertaining to that approval for remuneration, the permission set forth in Article 104 of the National Public Service Act is not required.

If a physician or dentist on staff who has obtained the approval set forth in paragraph (1) does not work during their regular working hours in order to engage in the outside medical practice pertaining to that approval, notwithstanding the provisions of Article 15 of the Act on Remuneration of Officials in the Regular Service, their remuneration is paid after deducting, for each hour not worked, the amount of remuneration per working hour prescribed in Article 19 of that Act.

Upon commencing the detention of a detainee in the immigration detention center, etc., the director of the immigration detention center, etc. must notify the detainee of the following matters:

matters concerning the lending and provision of goods and the use of goods obtained at one's own expense;

matters concerning the handling of personal effects kept by the detainee prescribed in Article 55-29, paragraph (1) and other money and goods;

matters concerning health, hygiene and medical care;

matters concerning religious acts;

matters concerning the reading of books, etc.;

the rules to be observed prescribed in Article 55-48, paragraph (1);

matters concerning visits and the sending and receiving of correspondence;

the measures against which a request for examination may be filed, the administrative agency with which the request for examination is to be filed, the period for filing the request for examination, and other matters concerning applications for review;

the acts concerning which a report may be filed under the provisions of Article 55-74, paragraph (1), the authority to which the report is to be filed, the period for filing the report, and other matters concerning reports under the provisions of that paragraph; and

matters concerning the filing of complaints.

The notification under the provisions of the preceding paragraph is to be given in writing, pursuant to Ministry of Justice Order.