Immigration Control and Refugee Recognition Act

If a detainee applies to purchase self-provided goods, etc. using cash that the detainee keeps, the director of the immigration detention center, etc. is to permit it, except when the purchase would cause the total quantity in possession to exceed the possession limit or the total quantity in custody to exceed the custody limit.

If a detainee applies to deliver personal effects kept by the detainee, cash that the detainee keeps, or goods held in custody (excluding those that fall under the documents and drawings prescribed in Article 55-65) to another person (excluding delivery that constitutes the sending of letters), the director of an immigration detention center, etc. is to permit it, except where the delivery (excluding delivery to a relative) is likely to harm the discipline and order of the immigration detention center, etc.

In addition to what is provided for in this Section, the director of the immigration detention center, etc. may, pursuant to Ministry of Justice Order, impose restrictions necessary for the administration and operation of the immigration detention center, etc. on the delivery of money and goods to detainees by senders and the purchase of self-provided goods, etc. by detainees.

The director of the immigration detention center, etc. is to hand over the goods held in custody to a detainee when the detainee leaves the facility.

Articles left behind by a detainee who has left the facility (meaning money and goods left behind in the immigration detention center, etc.; the same applies hereinafter in this Section and in Article 55-82) belong to the National Treasury if, by the day on which six months have elapsed, counting from the day of leaving the facility, the person has not requested their handover or has not tendered the costs required for the handover.

Even within the period set forth in the preceding paragraph, the director of an immigration detention center, etc. may discard articles left behind that have become likely to decay or be lost.

If a detainee falls under any of the following items and, by the day on which six months have elapsed, counting from the day specified in the respective item, the person has not requested their handover or has not tendered the costs required for the handover, the articles left behind by the detainee belong to the National Treasury:

if the detainee has escaped: the day of the escape; or

if the detainee has been released pursuant to the provisions of Article 55-54, paragraph (2) and has not promptly appeared at the place prescribed in paragraph (3) of that Article after the situation requiring evacuation prescribed in that paragraph ceased to exist: the day on which the situation requiring evacuation ceased to exist.

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the articles left behind set forth in the preceding paragraph.

Articles left behind by a deceased detainee are to be handed over to the bereaved family, etc. (meaning the bereaved family and other persons specified by Ministry of Justice Order; the same applies hereinafter in this Chapter) upon their application, pursuant to Ministry of Justice Order.

If there are articles left behind by a deceased detainee and the notice under the provisions of Article 55-82 cannot be given because the whereabouts of the bereaved family, etc. are unknown, the director of an immigration detention center, etc. must give public notice to that effect by the method specified by Cabinet Order.

The articles left behind set forth in paragraph (1) belong to the National Treasury if the application set forth in paragraph (1) is not made by the day on which six months have elapsed, counting from the day on which the notice under the provisions of Article 55-82 was given or the public notice under the provisions of the preceding paragraph was given.

The provisions of Article 55-34, paragraph (2) apply mutatis mutandis to the articles left behind set forth in paragraph (1).

At an immigration detention center, etc., efforts are to be made to ascertain the physical and mental condition of detainees, and appropriate health, sanitation and medical measures in light of the standards of health, sanitation and medical care in society in general are to be taken in order to maintain the health of detainees and sanitation within the immigration detention center, etc.

Except on Sundays and other days specified by Ministry of Justice Order, detainees must be given the opportunity to exercise, outdoors to the extent possible, in a place suitable for maintaining their health.

Detainees must keep their bodies, clothing and personal belongings, and their rooms and other places they use daily, clean.

Detainees are to be allowed to bathe as appropriate for health and sanitation at the immigration detention center, etc., pursuant to the provisions of Ministry of Justice Order.

The director of the immigration detention center, etc. must have an immigration control officer interview a detainee, upon the commencement of the detainee's detention at the immigration detention center, etc., regarding the presence or absence of illness, injury or the like and other aspects of the detainee's state of health.

The director of the immigration detention center, etc. must have detainees undergo a medical examination by a physician periodically, at least once every three months, pursuant to the provisions of Ministry of Justice Order. The same applies when it is necessary for health and sanitation at the immigration detention center, etc.

Detainees must undergo the medical examination pursuant to the provisions of the preceding paragraph. In this case, they may not refuse blood sampling, X-ray imaging or other medical procedures to the extent necessary for conducting the medical examination.

If a detainee falls under any of the following items, the director of an immigration detention center, etc. is to promptly provide medical treatment (including nutritional support measures; the same applies hereinafter in this Section and in Article 55-68, paragraph (1), item (v)) by a physician or dentist on staff or by a physician, etc. (meaning a physician or dentist; the same applies in the following Article and in Article 55-53, paragraph (5)) commissioned by the director of an immigration detention center, etc., and take other necessary medical measures; provided, however, that in the case where the detainee falls under item (i), if there is no risk of serious harm to the detainee's mind or body or of the detainee infecting others with the disease, this applies only if it is not against the detainee's will:

if the detainee is injured or ill, or is suspected of being so;

if, in the case where the detainee does not take food or drink, there is a risk of serious harm to the detainee's mind or body.

In the case where the director of the immigration detention center, etc. provides medical treatment pursuant to the provisions of the preceding paragraph, the director may, as necessary, have the detainee visit a hospital or clinic outside the immigration detention center, etc. as an outpatient, and, if unavoidable, have the detainee admitted to a hospital or clinic outside the immigration detention center, etc.

If a detainee who is injured or ill applies to receive medical treatment from a physician, etc. (excluding a physician or dentist on staff and a physician, etc. commissioned by the director of an immigration detention center, etc.) whom the detainee designates, and the director of an immigration detention center, etc. finds it medically appropriate for the detainee in light of the type and degree of the injury or illness, the fact that the detainee had been receiving medical treatment from that physician, etc. before being detained in the immigration detention center, etc., and other circumstances, the director may permit the detainee to receive that medical treatment at the detainee's own expense within the immigration detention center, etc. or at a hospital or clinic that the director of an immigration detention center, etc. finds appropriate.

In the case where the director of the immigration detention center, etc. permits a detainee to receive medical treatment pursuant to the provisions of the preceding paragraph, if it is necessary in order to confirm the treatment methods of the physician, etc. providing the treatment set forth in that paragraph (hereinafter referred to as the "designated physician" in this Article), or in order to subsequently provide medical treatment to the detainee at the immigration detention center, etc., the director may have an official of the immigration detention center, etc. be present at the treatment or question the designated physician about the treatment, or may request the submission of a copy of the medical records and other materials concerning the treatment.

In providing medical treatment, the designated physician must comply with the matters that the director of the immigration detention center, etc. instructs pursuant to the provisions of Ministry of Justice Order.

In the case where the director of the immigration detention center, etc. has permitted a detainee to receive medical treatment pursuant to the provisions of paragraph (1), if the designated physician does not follow the measures taken by the director of the immigration detention center, etc. pursuant to the provisions of paragraph (2), does not comply with the matters instructed by the director of the immigration detention center, etc. pursuant to the provisions of the preceding paragraph, or it is otherwise inappropriate to continue the treatment, the director may discontinue the treatment and not permit the detainee to receive treatment from that designated physician thereafter.

If a detainee requests to have a haircut or to shave, the director of the immigration detention center, etc. is to permit it pursuant to the provisions of Ministry of Justice Order.

If it is necessary in order to prevent the occurrence of an infectious disease within the immigration detention center, etc. or to prevent its spread, the director of the immigration detention center, etc., in addition to conducting medical examinations for detainees pursuant to the provisions of Article 55-41, paragraphs (2) and (3), or providing medical treatment pursuant to the provisions of Article 55-42 and taking other necessary medical measures, is to take vaccination, isolation until there is no longer a risk of infecting others with that disease, and other measures specified by Ministry of Justice Order.

For elderly persons, expectant and nursing mothers, physically frail persons and other detainees who require care, the director of the immigration detention center, etc. is to take measures equivalent to the medical measures pursuant to the provisions of Article 55-42, according to the circumstances requiring such care.

When a detainee is to give birth, the director of the immigration detention center, etc. is to have the detainee admitted to a hospital, clinic or midwifery home outside the immigration detention center, etc., except when unavoidable.

Discipline and order at immigration detention centers, etc. must be properly maintained.

Measures taken to achieve the purpose set forth in the preceding paragraph must not exceed the limit necessary to ensure the detention of detainees and to maintain an appropriate environment for their treatment and their safe and peaceful communal life.