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2007 Assessment

Japan: Integrity Indicators Scorecard

Japan: Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
74	Is there an appeals mechanism for challenging criminal judgments?	83
75	In practice, do judgments in the criminal system follow written law?	100
76	In practice, are judicial decisions enforced by the state?	75
77	Is the judiciary able to act independently?	100
78	Are judges safe when adjudicating corruption cases?	100
79	Do citizens have equal access to the justice system?	93

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

74a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: The Criminal Procedure Act, Articles 372-470.

74b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: It used to take years, but recently public opinion pressure to expedite the processes is improving the situation.

References: News media coverage.

74c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments: Usually, the appeal processes are expensive for citizens

References: The Criminal Procedure Act Chapter 2, (Complaint) Articles 372-404, and Chapter 3 (Appeal) 405-418.

In practice, do judgments in the criminal system follow written law?

75: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments: Rule of law is mandatory norm in the count of law.

References: This is rather a common knowledge in Japan, though precedent cases are also referred to.

In practice, are judicial decisions enforced by the state?

76: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: There are many verdicts with suspension of execution. The Minister of Justice is authorized to use his discretionary power to suspend the execution of the verdict.

References: Regular news media reporting.

Is the judiciary able to act independently?

77a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments: It is generally believed that the judiciary in Japan has been able to maintain independence because the status of a judge is guaranteed by the Constitution and other laws and with full and sufficient emoluments. Generally, judges are respected in the Japanese society.

References: Article 76 b of the Constitution of Japan. "All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws."

Article 78 of the Constitution of Japan. "Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against judges shall be administered by any executive organ or agency."

77b: In practice, national-level judges are protected from political interference.

Score:

100

Comments:

References: Article 79. "...all the Supreme Court Judges excepting the Chief Judge shall be appointed by the Cabinet."

Article 79 a. "The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives following their appointment , and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten years, and in the same manner thereafter."

Article 79 b. "In cases when the majority of the voters favors the dismissal of a judge, he shall be dismissed."

Article 79 e. "All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office."

Article 80. "The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of ten years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law. The judges of the inferior courts shall receive at regular stated intervals, adequate compensation which shall not be decreased during their terms of office."

77c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments: Jurisdiction and distribution of cases depend on the nature, seriousness and location of the cases.

References: The Court Act of 1947, Part 2 covers Supreme Court, and Part 3, Chapters 15-22 for High Court, Chapts 23-31 for District Courts, and Chapts 3 and 4 for Family Courts and Summary Courts respectively.

77d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: The Constitution of Japan Article 80.

Are judges safe when adjudicating corruption cases?

78a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments: There is no such reporting of a case in Japanese news media.

References: News media.

78b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: No such cases have ever been reported as far as I know.

References: News media.

Do citizens have equal access to the justice system?

79a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: Rather an established common knowledge in Japan, there is no room for racial or ethnic bias to enter into judicial decisions.

References: Suprem Court Decision of Nov.11,1964 refered to presumptive applicability of Article 14 of the Constitution to foreign nationals.

Peer Review Comments: The Japanese government considers racial discrimination to be discrimination against foreign nationals. (See the Supreme Court decision of Nov. 11, 1964, which refers to the presumptive applicability of Article 14 of the constitution to foreign nationals.) Therefore, actual discrimination against naturalized Japanese of other Asian or non-Asian ethnicity would not be considered racial discrimination.

Peer Review Comments: There is a common assumption in Japan that foreigners are more likely to be associated with criminality than indigenous Japanese. Such assumptions may influence the thinking of individual judges, even if this goes against the principles of their profession.

79b: In practice, women have full access to the judicial system.

Score:

100

Comments: However, some women are too weak or poor to go to the court and engage in a long proceeding.

References: The Constitution of Japan of 1946, Articles 11 and 14.

Peer Review Comments: There are no differences between women and men.

79c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: Article 37 of Japanese Constitution. Criminal Procedure Act, Articles 36, 76, 77, and 289.

79d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: Protection of human rights of a defendant is one thing, but ordinary citizen sometimes wonders why a criminally suspected person should be protected so well at tax-payers' money

References: Article 37 of Japanese Constitution. Criminal Procedure Act, Articles 36, 76, 77, and 289.

Peer Review Comments: The "ordinary citizens" may be missing the point.

79e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: Though it is an expensive processes, the medium yearly incomers can afford to bring a legal suit

References: Regular media reporting.

79f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments: A small retail businessman can usually afford to bring a legal suit if it is not a long-lasting case.

References: The Constitution of Japan, Article 14.

79g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments:

References: The Constitution of Japan, Article 14, Article 32.