以下の国際人権規約B規約１４条２項違反に関し、国連人権理事会に注意を喚起するためのレポートが提出されました。これは日本の刑事手続において被疑者・被告人に対する無罪推定原則が機能しておらず、逆に有罪推定の下に被疑者・被告人に対する刑事手続が進められることに対する懸念に基づくものです。なお、以下の内容は、国際連合人権理事会及び世界各国の人権諸団体に実際に提出されたレポートの要約文です。
Please refer to the criminal data (1)(http://blogs.yahoo.co.jp/marvellous157/16437684.html)
and the criminal data (2) (http://blogs.yahoo.co.jp/marvellous157/16437763.html)
※Quoted from the judicial statistics in 2010
It is said that the conviction rate in the first criminal instance is 99.9% in Japan. It is statistically not correct. According to table 1, 99.9% (99.872%) is the conviction rate of the district court. However, the total conviction rate involving the district court and the summary court is 99.98% according to table 2. This is quite amazing because only 2 cases of 10000 cases are acquitted. Of course, this rate is the highest all over the world (even beyond the conviction rate of Nazi-Germany and that of the Soviet Union governed by Stalin).
The Japanese government excuses that it has no problem because the prosecutors have very cautiously selected the cases and indicted only the cases surely able to be convicted. However, it is irrational because they are responsible to provide enough evidences against suspects and prove convictions of their crimes on the criminal procedure. They must be checked not by themselves but by judges. Only 1.42% of all criminal cases convicted by investigating authorities (prosecutors and police officers) are rejected by judges from the requested arrest warrant to the first criminal instance.
According to Article 14, 2, International Covenant on Civil and Political Rights, “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.”In Japan, everyone charged with a criminal offence shall have no right to be presumed innocent until proved guilty according to law. On the contrary, the suspects shall be presumed convicted on the criminal procedure according to investigating authorities. What is worse, some cases which the accused finally sentenced to death in the Supreme Court were acquitted in the retrial and proved to be misjudgments are reported. We estimate that several of cases finally sentenced to death in the Supreme Court have actually been executed by misjudgment although the Japanese government never grants that anyone has been wrongly executed.