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Tokyo Detention House. Within the criminal justice system of Japan, there exist three basic features that characterize its operations.First, the institutions—police, government prosecutors' offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the shared goals of limiting and controlling crime.
Lack of accountability and a tradition of "guilty until proven innocent" led to many of the brutalities carried out by the police forces. In rural areas especially, the police had great authority and were accorded the same mixture of fear and respect as the village head.
In Director of Public Prosecutions v.Labavarde and Anor, Neerunjun C.J. said that article 11(1) of the Universal Declaration of Human Rights and article 6(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms would be infringed if "the whole burden is ... cast on the defence by the creation of a presumption of guilt on the mere preferment of the criminal charge".
Japan has a 99% conviction rate, and a system of so-called "hostage justice" which, according to Kanae Doi, Japan director at Human Rights Watch, "denies people arrested their rights to a ...
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The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty.Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury).
In the article " 'Prison Libraries' in Japan: The Current Situation of Access to Books and Reading in Correctional Institutions" Kenichi Nakane talks about another form of prisoner neglect/abuse. Nakane's article finds that there is a severe lack of reading materials available to people who are incarcerated in Japanese correctional facilities.