Immigration Control and Refugee Recognition Act

The director of the immigration detention center, etc. is to establish the rules that detainees must observe (referred to as the "rules to be observed" in the following paragraph).

The rules to be observed are to specifically set out the following matters:

not to commit criminal acts;

not to use coarse or violent words or behavior toward others, or engage in acts that cause them a nuisance;

not to engage in acts that injure oneself;

not to engage in acts that obstruct the performance of duties of officials engaged in the treatment of detainees;

not to engage in acts that are likely to obstruct ensuring the detention of oneself or other detainees;

not to engage in acts that are likely to harm the safety of the immigration detention center, etc.;

not to engage in acts that harm sanitation or public morals at the immigration detention center, etc.;

not to engage in the improper use, possession, giving or receiving of money or goods, or other improper acts involving them;

in addition to what is set forth in each of the preceding items, matters necessary for maintaining discipline and order at the immigration detention center, etc.;

not to plan, incite, instigate or assist acts violating the rules to be observed established with regard to the matters set forth in each of the preceding items.

Beyond what is provided for in the preceding two paragraphs, if it is necessary in order to maintain discipline and order at the immigration detention center, etc., the director of the immigration detention center, etc. or an official designated by the director may give instructions to detainees concerning their daily life and conduct.

If it is necessary in order to maintain discipline and order at the immigration detention center, etc., an immigration control officer may inspect the body, clothing, personal belongings and room of a detainee, and take away and temporarily keep the detainee's personal belongings.

The provisions of Article 55-19, paragraph (2) apply mutatis mutandis to the inspection of the body and clothing of a female detainee pursuant to the provisions of the preceding paragraph.

If it is necessary in order to maintain discipline and order at the immigration detention center, etc., an immigration control officer may, within the immigration detention center, etc., inspect the clothing and belongings carried by a person other than a detainee (excluding the persons set forth in the items of Article 55-56, paragraph (1)), and take away and temporarily keep that person's belongings.

The inspection set forth in the preceding paragraph must not extend to inspection of the contents of documents or drawings.

If a detainee falls under any of the following items, the director of the immigration detention center, etc. may isolate the detainee from other detainees:

if there is a risk that the detainee will harm discipline and order at the immigration detention center, etc. through contact with other detainees;

if there is a risk that the detainee will be harmed by other detainees and there is no other way to avoid this.

The period of isolation pursuant to the provisions of the preceding paragraph is one month; provided, however, that if there is a particular need to continue it, the director of the immigration detention center, etc. may renew it every 10 days.

Even during the period set forth in the preceding paragraph, the director of the immigration detention center, etc. must immediately discontinue the isolation when it is no longer necessary.

If a detainee injures themselves or inflicts harm on another person, escapes, obstructs the performance of duties of an official of the immigration detention center, etc., or otherwise engages in an act that seriously harms discipline and order at the immigration detention center, etc., or attempts to engage in any of these acts, an immigration control officer may, to the extent judged reasonably necessary, stop the act, restrain the detainee, and take other measures necessary to suppress the act.

If a person other than a detainee falls under any of the following items, an immigration control officer may, to the extent judged reasonably necessary, stop the act, restrain the person engaging in the act, and take other measures necessary to suppress the act:

if the person intrudes into the immigration detention center, etc., damages its facilities, obstructs the performance of duties of an official of the immigration detention center, etc., or is on the verge of engaging in any of these acts;

if the person does not leave the immigration detention center or regional immigration services bureau despite a demand by an immigration control officer;

if the person, at the scene, assists, incites or instigates the escape of a detainee or the obstruction of the performance of duties of an official of the immigration detention center, etc.;

if the person inflicts harm on a detainee or is on the verge of doing so.

The security equipment necessary for the measures set forth in the preceding two paragraphs is specified by Ministry of Justice Order.

An immigration control officer may use arresting ropes or handcuffs pursuant to the provisions of Ministry of Justice Order when escorting a detainee or if there is a risk that a detainee will engage in an act falling under any of the following items:

escaping;

injuring themselves or inflicting harm on another person;

damaging the facilities, equipment or other objects of the immigration detention center, etc.

The specifications of arresting ropes and handcuffs are specified by Ministry of Justice Order.

If a detainee falls under any of the following items, an immigration control officer may, by order of the director of the immigration detention center, etc., place the detainee in a protection room or in a single room meeting the standards specified by the Minister of Justice (hereinafter referred to as a "protection room, etc." in this Article and in Article 55-74, paragraph (1), item (iii)):

if there is a risk that the detainee will injure themselves;

if, in the case where the detainee falls under any of the following (a) through (c), it is particularly necessary in order to maintain discipline and order at the immigration detention center, etc.:

if the detainee disobeys an immigration control officer's order to stop and raises their voice or makes noise;

if there is a risk that the detainee will inflict harm on another person;

if there is a risk that the detainee will damage or soil the facilities, equipment or other objects of the immigration detention center, etc.

In the case referred to in the preceding paragraph, if there is no time to wait for an order from the director of the immigration detention center, etc., an immigration control officer may place the detainee in a protection room, etc. without waiting for that order. In this case, the officer must promptly report this to the director of the immigration detention center, etc.

The period of placement in a protection room, etc. is 24 hours or less; provided, however, that if there is a particular need to continue it, the director of the immigration detention center, etc. may renew it every 24 hours.

Even during the period set forth in the preceding paragraph, the director of the immigration detention center, etc. must have the placement discontinued immediately when placement in a protection room, etc. is no longer necessary.

If a detainee has been placed in a protection room, etc. or the period of that placement has been renewed, the director of the immigration detention center, etc. must promptly hear the opinion of a physician or dentist on staff or a physician, etc. commissioned by the director of the immigration detention center, etc. regarding the detainee's state of health.

The standards for the structure and equipment of protective cells are specified by Ministry of Justice Order.

In the event of an earthquake, fire or other disaster, if there is no means of evacuation within the immigration detention center, etc., the director of the immigration detention center, etc. must escort detainees to an appropriate place.

In the case referred to in the preceding paragraph, if it is not possible to escort detainees, the director of the immigration detention center, etc. may release them from the immigration detention center, etc. The same applies if, in the event of an earthquake, fire or other disaster, it is not possible to escort a detainee who is outside the immigration detention center, etc. to an appropriate place for evacuation.

A person released pursuant to the provisions of the preceding paragraph must appear at the immigration detention center, etc. or at a place designated by the director of the immigration detention center, etc. promptly after the situation requiring evacuation has ceased.

When another person requests a visit with a detainee, the director of the immigration detention center, etc. is to permit it; provided, however, that this does not apply if the director finds it necessary in order to maintain discipline and order or to preserve sanitation at the immigration detention center, etc.

The director of the immigration detention center, etc. is to have an official designated by the director attend visits between a detainee and a person other than the persons listed below (hereinafter referred to as "consular officers, etc." in this Section), or have the official make an audio recording or video recording of the visit; provided, however, that if the director finds that it is not necessary in order to maintain discipline and order or to preserve sanitation at the immigration detention center, etc., the director may decide not to have the attendance and the audio and video recording (referred to as "attendance, etc." in the following paragraph) carried out:

a consular officer of the state of which the detainee is a national or citizen;

an attorney who is the detainee's counsel in a lawsuit or defense counsel (including an attorney who intends to become such counsel upon request).

Notwithstanding the provisions of the preceding paragraph, the director of the immigration detention center, etc. must not have attendance, etc. carried out for visits between a detainee and the persons listed below, except in the case where there are special circumstances that give grounds to find that the visit is likely to result in harm to discipline and order at the immigration detention center, etc.:

an official of an organ of the national government or of a local government that conducts an investigation concerning measures taken by the director of the immigration detention center, etc. against the detainee or other treatment the detainee has received;

an attorney performing the duties provided for in Article 3, paragraph (1) of the Attorney Act (Act No. 205 of 1949) concerning measures taken by the director of the immigration detention center, etc. against the detainee or other treatment the detainee has received.