Article 55-64Handling of Letters Whose Sending or Receipt Has Been Withheld, etc.
第五十五条の六十四(発受を差し止めた信書等の取扱い)
The director of the immigration detention center, etc. is to keep the letter, in the case where its sending or receipt has been withheld pursuant to the provisions of Article 55-61, and the deleted portion, in the case where part of a letter has been deleted pursuant to the provisions of that Article.
When blotting out part of the text of a letter pursuant to the provisions of Article 55-61, the director of the immigration detention center, etc. is to make a copy of the portion to be blotted out and keep it.
When a detainee leaves the facility, the director of the immigration detention center, etc. is to hand over to the detainee the whole or part of the letters, or the copies, kept pursuant to the provisions of the preceding two paragraphs (hereinafter referred to as "withheld letters, etc." in this Chapter).
If a detainee dies, the director of the immigration detention center, etc. is to hand over the withheld letters, etc. to the detainee's bereaved family members, etc. upon their application, pursuant to the provisions of Ministry of Justice Order.
Notwithstanding the provisions of the preceding two paragraphs, if the handover of withheld letters, etc. is likely to hinder the maintenance of discipline and order at the immigration detention center, etc., they are not to be handed over. The same applies if, in the following cases, their handover is likely to hinder the maintenance of discipline and order at the immigration detention center, etc.:
if a detainee who has left the facility requests the handover of withheld letters, etc. after leaving the facility;
if a detainee, in the case where the detainee falls under any of the items of Article 55-35, paragraph (1), requests the handover of withheld letters, etc.
被収容者が、第五十五条の三十五第一項各号のいずれかに該当する場合において、発受差止信書等の引渡しを求めたとき。
The provisions of Article 55-34, paragraph (1), Article 55-35, paragraph (1), and Article 55-36, paragraphs (2) and (3) apply mutatis mutandis to withheld letters, etc. pertaining to a detainee (excluding those that are not to be handed over pursuant to the provisions of the preceding paragraph). In this case, the phrase "the application set forth in paragraph (1)" in paragraph (3) of that Article is deemed to be replaced with "the application set forth in Article 55-64, paragraph (4)".
第五十五条の三十四第一項、第五十五条の三十五第一項並びに第五十五条の三十六第二項及び第三項の規定は、被収容者に係る発受差止信書等(前項の規定により引き渡さないこととされたものを除く。)について準用する。この場合において、同条第三項中「第一項の申請」とあるのは、「第五十五条の六十四第四項の申請」と読み替えるものとする。
Withheld letters, etc. that are not to be handed over pursuant to the provisions of paragraph (5) belong to the National Treasury on the day on which three years have elapsed counting from the day set forth in each of the following items:
the day on which the detainee comes to fall under any of the items of Article 55-35, paragraph (1).
被収容者が第五十五条の三十五第一項各号のいずれかに該当することとなつた日