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2007 Assessment

Japan: Integrity Indicators Scorecard

Japan: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators		Score
80	Is the law enforcement agency (i.e. the police) effective?	100
81	Can law enforcement officials be held accountable for their actions?	92

Indicator and sub-Indicator Details

Is the law enforcement agency (i.e. the police) effective?

80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.

Score:

100

Comments: Professional criteria are the only and most important basis of appointments.

References: The Police Act of 1954 (e.g., Articles 41,49,50,55,56). The Court Act of 1947 (e.g. Articles 66-68,40-42). The Public Prosecutor Act of 1974. Article 23.

80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a budget sufficient to fulfill its basic mandate. <p>50 Score Criteria: The agency (or agencies) has limited budget, generally considered somewhat insufficient to fulfill its basic mandate. <p>0 Score Criteria: The agency (or agencies) has no budget or an obviously insufficient budget that hinders the agency\'s ability to fulfill its mandate.$

Comments:

References: The Police Act. of 1954, Article 37. The Court Act of 1947, Article 83.

80c: In practice, the law enforcement agency is protected from political interference.

Score:

100

Comments:

References: The Police Act. Of 1954. The Court Act of 1947. The Public Prosecutor Agency Act of 1947, Article 23 and 25. The Protection of the Status of Judge Act of 1947, Article 1, 2004.5, Articles 41-48.

Peer Review Comments: Several of the recent corruption scandals -- for example, the investigations in November 2007 of the former vice defense minister, Takemasa Moriya -- have involved quite senior officials and institutions.

Can law enforcement officials be held accountable for their actions?

81a: In law, there is an independent mechanism for citizens to complain about police action.

Score:

YES

Comments: There is not only a mechanism for complaints about police action, but complaints about the municipal government received by the citizen's ombudsman. After surveying the complaints objectively, it advises appropriate municipal organizations of affairs to be corrected (e.g.. The Citizen's Ombudsman Ordinance of Kawasaki City, Article 1,3,and 4).

References: The Constitution of Japan of 1946, Articles 15, 36, 37, 40.

81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.

Score:

100

Comments: In practice, there is some time for an independent mechanism for citizen complaints about law enforcement agency (e.g. The Citizen Ombudsman movement).

References: The Public Prosecutor's Decision Re-examination Act.

81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.

Score:

YES

Comments: The National Police Agency and Prefectural Police Headquarters are equipped with their own internal supervisory entities that investigate and prosecute corruption within the police organization. The Public Prosecutor Office watches and supervises the behavior of public prosecutors (e.g. Articles 7, and 23).

References: There is a body called "Kansatsu" within the police organization that is entitled to investigate and prosecute corruption. See also the Public Safety Commissioner Act and the Public Safety Regulations.

81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.

Score:

100

Comments: Anyone regardless of his/her profession is not immune from criminal proceedings in Japan. In theory it is possible for the agency/entity to independently initiate investigation, but in practice, it is rare to see. One exception which took place in recent years is the case against an ex-public prosecutor who whistle-blew against the public prosecutor office that had allegedly misappropriated public money (slush fund) for its own use. The public prosecutor office, in retaliation, indicted this ex-prosecutor for his dubious behavior during the office.

References: Public Prosecuter Agency Act of 1947. National Police Act of 1954.

81e: In law, law enforcement officials are not immune from criminal proceedings.

Score:

YES

Comments: Under the rule of law, no law enforcement officials are exempt from criminal proceedings.

References: The Constitution of Japan Article 14. The Criminal Code Articles from 197-1 through 197-5.

81f: In practice, law enforcement officials are not immune from criminal proceedings.

Score:

100

Comments:

References: Reporting by news media about policemen's involvement in corruption.