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Act on the Treatment of Prisoners of War and Other Detainees in Armed Attack Situations - Act No. 5 of 2008

Act on the Treatment of Prisoners of War and Other

Detainees in Armed Attack Situations

(Act No. 117 of June 18, 2004)

Table of Contents
Chapter I General Provisions (Article 1 to Article 3)
Chapter II Procedures for Capture and Recognition of Internment Status
Section 1 Capture (Article 4 to Article 7)
Section 2 Identification by Designated Unit Commander (Article 8 and
Article 9)
Section 3 Recognition of Internment Status (Article 10 to Article 21)
Section 4 Relations with Procedures for Other Laws and Regulations, etc. (Article 22 and Article 23)
Chapter III Internment and Treatment in Prisoner of War Camps
Section 1 General Rules (Article 24 to Article 26)
Section 2 Commencement of Detention (Article 27 and Article 28) Section 3 Hygiene and Medical Care (Article 29 to Article 39)
Section 4 Religious Acts (Article 40 to Article 42) Section 5 Maintenance of Discipline and Order
Subsection 1 General Rules (Article 43 and Article 44)
Subsection 2 Suppression and Other Measures, etc. (Article 45 to Article
47)
Subsection 3 Disciplinary Actions (Article 48 to Article 55)
Section 6 Prisoners' Representatives and Assistants to the Prisoners' Representatives (Article 56 and Article 57)
Section 7 Treatment of Detainees (Article 58 to Article 63)
Section 8 Works of Prisoners of War (Article 64 to Article 72)
Section 9 Benefits for Internment of Prisoners of War, etc. (Article 73 to
Article 79)
Section 10 Contact with the Outside
Subsection 1 Visits (Article 80 to Article 82)
Subsection 2 Correspondence and Communications by Telegram, etc. (Article 83 to Article 89)
Section 11 Filling of Complaints (Article 90 to Article 92) Chapter IV Appeal for Review
Section 1 Organization of a Review Board on the Recognition of Prisoner of
War Status, etc. (Article 93 to Article 105)
Section 2 Procedures for Appeal for Review on the Recognition of Internment
Status (Article 106 to Article 124)
Section 3 Procedures for Appeal for Application for Review on Disciplinary
Actions (Article 125 to Article 133)
Section 4 Miscellaneous Provisions (Article 134 and Article 135) Chapter V Termination of Internment
Section 1 General Rules (Article 136)
Section 2 Repatriation Criteria (Article 137 to Article 142)
Section 3 Implementation of Repatriation, etc. (Article 143 to Article 147) Section 4 Miscellaneous Provisions (Article 148 to Article 151)
Chapter VI Auxiliary Provisions
Section 1 Use of Weapons (Article 152)
Section 2 Retention (Article 153 to Article 160)
Section 3 Measures in case of Escape (Article 161 to Article 166)
Section 4 Handling of Information on Prisoners of War and other detainees
(Article 167)
Section 5 Member of Mixed Medical Commissions (Article 168 to Article 170) Section 6 Measures in case of Death (Article 171)
Section 7 Criteria for Facilities (Article 172)
Section 8 Special Provisions, etc. (Article 173 to Article 182) Chapter VII Penal Provision (Article 183)
Supplementary Provision
Chapter I General Provisions
(Purposes)
Article 1 The purpose of this Act is, by providing necessary matters concerning treatment of prisoners of war, etc., such as capture and internment in armed attack situations, to enable Self-Defense Forces to operate necessary for
eliminating armed attacks to be implemented smoothly and effectively, and to
ensure adequate implementation of international humanitarian law on the treatment of prisoners, etc. in armed attack situations, such as the Geneva Convention Relative to the Treatment of Prisoners of War of 12 August 1949 (hereinafter referred to as "Third Convention").
(Fundamental Principles)
Article 2 (1) The government of Japan shall, upon the treatment of persons
captured or interned pursuant to the provision of this Act in armed attack
situations (hereinafter referred to as "prisoners of war and other detainees" in this Article), always ensure humanitarian treatment, respect for the lives, bodies, health and honor of prisoners of war and other detainees, and protect
them from outrange thereon and or danger thereto based on the Third
Convention or other international humanitarian laws to be applied in cases of
international armed conflict.
(2) The protection to be given to prisoners of war and other detainees pursuant to the provision of this Act (including orders based on this Act) shall not be
unjustly discriminative based on race, nationality, religious or political opinions or any other similar criteria.
(3) No person shall expose any adverse distinction on prisoners of war and other
detainees in revenge for armed attack.
(Definitions)
Article 3 In this Act, the meanings of the terms listed in the following items shall be as prescribed respectively in those items:
(i) "Armed attack" means armed attack as prescribed in item (i) of Article 2 of
the Act on Ensuring the Peace and Independence of Japan and the Security of the State and the People in Armed Attack Situations, etc. (Act No. 79 of
2003, referred to as "Act on Response to Armed Attack Situations, etc." in the
following item);
(ii) "Armed attack Situations" means armed attack situations as prescribed in item (ii) of Article 2 of the Act on Response to Armed Attack Situations, etc.;
(iii) "Enemy armed forces, etc." means armed forces of foreign state and other similar organizations engaging in armed attack in armed attack situations;
(iv) "Person subject to internment" means a foreigner who falls under any of
the following items (a) through (k):
(a) Member of enemy armed forces, etc. (except for those listed in (e), (g), (i)
and (j));
(b) Person who accompanies the enemy armed forces, etc. (except for the members of the enemy armed forces, etc.) and has received authorization to accompany by the said enemy armed forces, etc. (except for those listed in
(f) and (h));
(c) Member of crew (i.e. limited to those who have the nationality of the
foreign states engaging in armed attack) in vessels (i.e. except for warships, and ships owned or operated by each Government only for non-commercial
purposes (hereinafter referred to as "warships, etc.")), which are escorted by warships, etc. of enemy armed forces, etc., or in ships which transport foreign military supplies, etc. (referred to as "foreign military supplies,
etc." in the following (d)) as prescribed in item (iii) of Article 2 of the Act on the Restriction of Maritime Transportation of Foreign Military Supplies,
etc. in Armed Attack Situations (Act No. 116 of 2004);
(d) Member of crew (limited to operating crew as prescribed in Article 32 (a)
of the Convention on International Civil Aviation who has the nationality
of the foreign states engaging in armed attack) in civil aircrafts prescribed in Article 3 of the said Convention, which are escorted by enemy military
aircrafts (i.e. aircrafts belonging to the enemy armed forces, etc. and are used for military purpose) or in aircrafts that transport foreign military supplies, etc.;
(e) Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of diseases, or staff exclusively engaged in the administration of medical
units and establishments of the enemy armed forces, etc. as prescribed in
Article 24 of the Geneva Convention for the Amelioration of Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949 (hereinafter referred to as "First Convention");
(f) The staff of foreign National Red Cross Societies and that of other foreign
Voluntary Aid Societies, as prescribed in the first paragraph of Article 26 of the First Convention, and duly recognized and authorized by their
Governments engaged in armed attack, who are employed on the same duties as the personnel or staff listed in (e);
(g) Chaplain, prescribed in Article 24 of the First Convention, attached to the enemy armed forces, etc.;
(h) The staff of foreign National Red Cross Societies and that of other foreign
Voluntary Aid Societies, as prescribed in the first paragraph of Article 26 of the First Convention, and duly recognized and authorized by their
Governments engaged in armed attack, who are employed on the same
duties as the chaplains listed in (g);
(i) Member of enemy armed forces, etc. who fails to meet the obligation
prescribed in Article 44, paragraph 3, of the Protocol Additional to the
Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) (hereinafter referred to as "First Additional Protocol") and hence forfeit the right to be treated as prisoners of war;
(j) Member of enemy armed forces, etc. who may be treated as spy pursuant to the provision of Article 46 of the First Additional Protocol;
(k) Mercenary as prescribed in Article 47, paragraph 2, of the First
Additional Protocol;
(v) "Prisoners of war" means person to be interned with receiving recognition of internment status or determination as corresponding to any of foreigners
listed in the (a) to (d) of the preceding item pursuant to the procedures prescribed in Section 3 of Chapter II or Section 2 of Chapter IV;
(vi) "Medical personnel" means person to be interned with receiving recognition of internment status or determination as corresponding to any of foreigners
listed in the (e) or (f) of item (iv) pursuant to the procedures prescribed in
Section 3 of Chapter II or Section 2 of Chapter IV;
(vii) "Chaplain" means persons to be interned with receiving recognition of
internment status or determination as corresponding to any of foreigners
listed in the (g) or (h) of item (iv) pursuant to the procedures prescribed in
Section 3 of Chapter II or Section 2 of Chapter IV;
(viii) "Violator of Obligations of Distinction" means person to be interned with receiving recognition of internment status or determination as corresponding to any of foreigners listed in the (i) of item (iv) pursuant to the procedures
prescribed in Section 3 of Chapter II or Section 2 of Chapter IV;
(ix) "Spy" means persons to be interned with receiving recognition of
internment status or determination as corresponding to any of foreigners
listed in the (j) of item (iv) pursuant to the procedures prescribed in Section 3 of Chapter II or Section 2 of Chapter IV;
(x) "Mercenary" means persons to be interned with receiving recognition of
internment status or determination as corresponding to any of foreigners
listed in the (k) of item (iv) pursuant to the procedures prescribed in Section
3 of Chapter II or Section 2 of Chapter IV;
(xi) "Appeal for review on the recognition of internment status" means Appeal for review with regard to a recognition of internment status pursuant to the provisions of the paragraph (1) of Article 14, the paragraph (4) of Article 17 and the paragraph (1) of Article 106;
(xii) "Appeal for review on disciplinary actions" means Appeal for review with regard to disciplinary actions pursuant to the provisions of Article 125;
(xiii) "Prisoner of war camp" means Prisoner of war camps prescribed in the paragraph (3) of Article 24 of the Self-Defense Forces Act (Act No. 165 of
1954);
(xiv) "Prisoner of war camp commander" means commanding officer prescribed in the paragraph (2) of Article 29-2 of the Self-Defense Forces Act;
(xv) "Prisoners' representatives" means those who are designated by a prisoner
of war camp commander as those who perform duties prescribed in Article 80 of the Third Convention;
(xvi) "Protecting power" means Protecting power as prescribed in Article 2 (c)
of the First Additional Protocol;
(xvii) "Substitute of protecting power" means Substitute as prescribed in
Article 2 (d) of the First Additional Protocol;
(xviii) "Representative of protecting power" means those who conduct the missions of acting as protecting powers or substitute protecting powers,
pursuant to the provisions of the Third Convention or the First Additional
Protocol, in the territory of Japan and those to whom the Government of
Japan gives approval.
Chapter II Procedures for Capture and Recognition of Internment Status
Section 1 Capture
(Capture Measures)
Article 4 In the situations in which armed attack has occurred, a Self-Defense
Forces personnel assigned to the Self-Defense Forces being given the Defense
Operations Order pursuant to the provision of the paragraph (1) of Article 76 of the Self-Defense Forces Act (hereinafter referred to as "SDF personnel under
the Operations") may, if he/she has found sufficient grounds to suspect that a person falls to a subject to internment in light of their clothing, shape of
personal effects, surrounding situations and other circumstances, detain said
person.
(Examination for Dangerous Goods, etc.)
Article 5 (1) The SDF personnel under Operations may conduct an examination of the personal belongings or the body of the person in captivity pursuant to
the provision of the preceding Article (hereinafter referred to as "captive
person(s)") as to ascertain possession of dangerous goods (i.e. firearms,
bayonets, bullets, explosives and other military arms and any object equivalent to the above, and which endanger human lives or bodies. The same shall apply
in the following paragraph) or military documents (i.e. maps, military rules, written orders, plans and other documents to be used for military purposes. The same shall apply hereinafter).
(2) The SDF personnel under Operations, upon finding dangerous objects or
military documents as a result of the examination pursuant to the provision of the preceding paragraph, may deprive of the said objects and documents until
the time of delivery pursuant to the provision of the paragraph (1) or (2) of the following Article, or may dispose them immediately.
(Delivery of Captive Persons)
Article 6 (1) The SDF personnel under Operations shall, in the cases that he/she conducts the capture pursuant to the provision of Article 4, deliver the captive persons promptly to a designated unit commander (i.e. commander of units
prescribed in Article 8 of the Self-Defense Forces Act and is designated by an Ordinance of the Ministry of Defense, so as regiment, self-defense ship. The same shall apply hereinafter) in the manner set forth by the Minister of
Defense.
(2) In the cases where a recognition officer of internment status(i.e. Commanding General of Army, Ground Self-Defense Force, Commander Regional District, Maritime Self-Defense Force, or Commander of Air Defense Force or,
Commander of Composite Air Division, Air Self-Defense Force, and other
commanding officers of units as provided for by Cabinet Order. The same shall apply hereinafter) locates closer than any designated unit commanders, the
SDF personnel under Operations may, notwithstanding the provisions of the preceding paragraph, deliver captive person to the recognition officer of
internment status in the manner set forth by the Minister of Defense.
(3) The SDF personnel under Operations shall, in the cases where he/she delivers
the captive persons pursuant to the provisions of the preceding two paragraphs, make a report of the date, time and place of capture and other required
matters to either a designated unit commander or a recognition officer of
internment status as provided for by an Ordinance of the Ministry of Defense.
(Special Measures for Captive Persons)
Article 7 When there are reasonable grounds to believe that the captive persons cannot endure the transfer for delivery in the light of physical and mental
conditions of the captive persons, available means of transport and other
circumstances, the SDF personnel under Operations may, notwithstanding the provisions of the paragraph (1) or (2) of the preceding Article, release the
captive persons immediately, after taking all feasible precautions in
accordance with the relevant situation to ensure their safety, such as bringing them to nearby places where they can avoid the direct danger from combat
actions, provision of appropriate medical supplies and such like.
Section 2 Identification by Designated Unit Commanders
(Identification by Designated Unit Commander)
Article 8 (1) In cases of taking delivery of a captive person pursuant to the
provision of paragraph (1) of Article 6, the designated unit commander shall promptly find the name, rank or position (hereinafter referred to as "rank,
etc."), date of birth, and identification card number, etc. (i.e. identification card
number, individual number and other similar number, symbol or code given to
identify the individual. The same shall apply hereinafter) of the captive person. (2) The designated unit commander may ask questions to or inspect the
identification card and other personal belongings of a captive person within the limit necessary for find pursuant to the provision of the preceding paragraph.
(3) The designated unit commander shall prepare a record of findings for the
results of find pursuant to the provision of paragraph (1).
(4) In the record of findings, the following matters shall be entered and the
designated unit commander shall enter the identification code (i.e. number,
symbol or code given to the designated unit commander in order to identify the individual officer in the manner set forth by the Minister of Defense) in the
confirmation record:
(i) Name, rank, etc., date of birth and identification card number, etc. of a captive person;
(ii) Date, time and place of capture; (iii) Date of creation;
(iv) Other matters prescribed in an Ordinance of the Ministry of Defense. (5) The designated unit commanders may, in the manner set forth by the
Minister of Defense, designate Self-Defense Forces personnel under their command and cause the personnel to conduct the measures pursuant to the provision of the paragraph (2).
(Measures after find)
Article 9 (1) A designated unit commander shall, when he/she reaches judgment that a captive person does not fall subject to internment as a result of the find pursuant to the provision of paragraph (1) of the preceding Article,
immediately notify the captive person of the effect.
(2) In case of giving notice set forth in the preceding paragraph, the designated unit commander shall notify the captive person that he/she may receive the recognition of internment status by a recognition officer of internment status prescribed in the following Article.
(3) In case of paragraph (1), when a captive person agrees with judgment that
he/she does not fall to subject to internment, the designated unit commander shall have the captive person signed a document to the effect that he/she
agrees with the said judgment, issue a copy of the record of findings pursuant
to the provision of paragraph (4) of the preceding Article, and release him/her immediately.
(4) Except the case of release pursuant to the provision of the preceding
paragraph, the designated unit commander shall, in the manner set forth by the Minister of Defense, delivery the captive persons without delay to a
recognition officer of internment status with jurisdiction together with the
record of findings.
Section 3 Recognition of Internment Status
(Recognition of Internment Status)
Article 10 The recognition officer of internment status shall, when he/she has taken the delivery of a captive person pursuant to the provision of the
paragraph (2) of Article 6 or the paragraph (4) of preceding Article, recognize
promptly whether the said captive person fall to a person subject to internment
(This recognition includes recognition, if he/she falls to a person subject to
internment, as to whether he/she comes under any of the cases listed in the sub item (a) to (k) of item 4 of Article 3. hereinafter, referred to as "recognition of
internment status").
(Inquiry for Recognition of Internment Status)
Article 11 (1) The recognition officer of internment status may interrogate
captive persons when he/she finds it necessary for recognition of internment status.
(2) The recognition officer of internment status may request witnesses to attend and inquire the witnesses when he/she find it necessary for recognition of
internment status. In this case, when a witness is detained in a detention
partition, etc. (i.e. partitions or facilities prescribed in the paragraph (1) of
Article 172) managed by other recognition officers of internment status or in a prisoner of war camp, the recognition officer of internment status may ask the inquiry of the witness to other recognition officers of internment status or a
prisoner of war camp commander.
(3) The recognition officer of internment status may inspect the personal effects or body of captive persons when it is necessary for recognition of internment
status; provided, however, that the inspection for female captive person's body
shall be conducted by, except for emergency cases, female staff members of the Self-Defense Forces (i.e. Self-Defense Forces staff members as prescribed in the paragraph (5) of Article 2 of the Self-Defense Forces Act. This is the same in
paragraph (1) of Article 168).
(4) The recognition officer of internment status may, if he/she find necessary for recognition for the internment status, inquire of public offices or public or
private organizations and request them to report the necessary matters to when it is necessary for recognition of internment status.
(5) The recognition officer of internment status may, in the manner set forth by
the Minister of Defense, designated Self-Defense Forces personnel from those under their command (hereinafter referred to as "assistant recognition
personnel" in this Section) and cause them to conduct the investigation
pursuant to the provision of the preceding paragraphs.
(Preparation of Record of Inquiry for Recognition)
Article 12 (1) The recognition officer of internment status shall, when he/she
conducts inquiries set forth of in from the paragraph (1) to paragraph (4) of the preceding Article, prepare a record of inquiry for recognition based on the
results found, and sign on it himself/herself; provided, however, that in the cases where assistant recognition personnel have conducted the inquiries
pursuant to the provision of the paragraph (5) of the preceding Article, the
assistant recognition personnel shall prepare the record of inquiry for recognition and sign on it.
(2) The preceding paragraph shall apply to the recognition officer of internment
status or a prisoner of war camp commander who has been asked to conduct inquiry to witnesses pursuant to the provision of the paragraph (2) of the
preceding Article.
(Release)
Article 13 (1) The recognition officer of internment status shall, when he/she
recognizes that a captive person does not fall to a person subject to internment as a result of the inquiry, immediately notify the captive person of the effect as provided for by an Ordinance of the Ministry of Defense.
(2) In case of giving notification set forth in the preceding paragraph, the
recognition officer of internment status shall notify the captive person that he/she may file an appeal for review on the recognition of internment status pursuant to the provision of the paragraph (1) of the following Article.
(3) In the case referred to the paragraph (1), if the captive person agrees to the
recognition of internment status set forth of the same paragraph, the
recognition officer of internment status shall have him/her signed a document with a statement that he/she gives the consent to said recognition, and issue a certificate of release pursuant to the provision of the following paragraph, then release him/her promptly. The same shall apply in cases where the captive
person, who has received the notice set forth of the paragraph (1), files no
appeal for review on the recognition of internment status pursuant to the provision of the paragraph (1) of the following Article.
(4) In the certificate of release issued pursuant to the provision of the preceding
paragraph, the following matters shall be entered, and the recognition officer of internment status shall sign his/her name and affix seal on the certificate: (i) Name and date of birth of the captive person;
(ii) Date, time and place of the capture;
(iii) Reasons for release;
(iv) Date of issuance of the certificate of release;
(v) Other matters provided for in an Ordinance of the Ministry of Defense.
(Appeal for Review on the Recognition of Internment Status)
Article 14 (1) Any captive person who has received the notice set forth in the paragraph (1) of preceding Article may, if he/she is dissatisfied with the
recognition of internment status set forth in the same paragraph, file an
appeal for review on the recognition of internment status with the review
board on the recognition of prisoners of war status, etc. by submitting a written statement containing the grounds for his/her complaint (referred to as "written appeal for review" in the following paragraph) to a recognition officer of
internment status, within 24 hours from the time he/she received the notice, provided for by Cabinet Order.
(2) The recognition officer of internment status shall, if an appeal for review on the recognition of internment status set forth in the preceding paragraph is
filed, forward a written appeal for review, records of inquiry for recognition and other relevant documents to the review board on the recognition of
prisoners of war status, etc.
(Provisional Detention)
Article 15 (1) The recognition officer of internment status shall, in cases that the captive person files an appeal for review on the recognition of internment
status set forth in the paragraph (1) of the preceding Article, issue a written provisional detention order pursuant to the provision of the following
paragraph and detain said captive person provisionally.
(2) In the written provisional detention order issued pursuant to the provision of the preceding paragraph, the following matters shall be entered and the
recognition officer of internment status shall affix his/her name and seal thereto:
(i) Name and date of birth of the captive person;
(ii) Date, time and place of the capture; (iii) Date of issuance;
(iv) Other matters provided for in an Ordinance of the Ministry of Defense.
(3) A written provisional detention order shall be enforced by assistant recognition personnel.
(4) In enforcing a written provisional detention order, assistant recognition
personnel shall show the written provisional detention order to the person
subject to be detained provisionally and promptly deliver him/her to a prisoner of war camp commander.
(5) In cases of taking delivery of a person pursuant to the provision of the preceding paragraph, the prisoner of war camp commander shall intern the person in the prisoner of war camp.
(Disposition pertaining to the Recognition of Internment Status)
Article 16 (1) The recognition officer of internment status shall, when he/she
recognizes that a captive person falls to a person subject to internment (except for who is listed in sub item (b), (c), or (d) of item (4) of Article 3 (hereinafter referred to as "prisoner of war other than the member of armed forces, etc." in
this Article, following Article and the paragraph (2) of Article 121)), notify
immediately the captive person of the effect as provided for by an Ordinance of the Ministry of Defense.
(2) The recognition officer of internment status shall, when he/she is about to
recognize that the captive person falls a person subject to internment (limited to prisoner of war other than the member of armed forces, etc.), also decide the necessity for interning said captive person. In this case, the internment of said captive person shall be limited to the case in which it is found to be especially
necessary in order to conduct necessary operation of the Self-Defense Forces for repelling the armed attack smoothly and effectively, and the recognition officer of internment status shall obtain the approval of the Minister of
Defense on the decision in advance.
(3) The recognition officer of internment status shall, when he/she recognizes that a captive person falls to a person subject to internment (limited to
prisoner of war other than the member of armed forces, etc.), notify
immediately the captive person of the effect and the result of decision set forth in the preceding paragraph as provided for by an Ordinance of the Ministry of Defense.
(4) In case of giving notice set forth in the paragraph (1) or the preceding
paragraph, the recognition officer of internment status shall notify the captive person (except for who has received the recognition of internment status as
prisoner of war other than the member of armed forces, etc. and the decision of no necessity for internment pursuant to the provision of paragraph (2)) that
he/she may file an appeal for review on recognition of the internment status set forth in the paragraph (1) of Article 106.
(5) After the notice set forth in paragraph (1) or (3) and the notice set forth in the
preceding paragraph, the recognition officer of internment status shall issue
promptly a written internment order pursuant to the provision of Article 18 to the captive person prescribed in the said paragraphs, and intern him/her.
(Release)
Article 17 (1) The recognition officer of internment status shall, in case of giving the notice set forth in the paragraph (3) of preceding Article to the captive
person (limited to whom has received the recognition of internment status as
prisoner of war other than the member of armed forces, etc. and the decision of no necessity for internment pursuant to the provision of paragraph (2) of the same Article), notify that he/she may file an appeal for review on the
recognition of internment status set forth in paragraph (4).
(2) In case referred to the preceding paragraph, the recognition officer of internment status shall, if the captive person prescribed in said paragraph
agrees to the recognition of internment status as prisoner of war other than the
member of armed forces, etc. and to the decision of no necessity for internment pursuant to the provision of the paragraph (2) of the preceding Article, have
him/her signed a document with a statement that he/she gives the consent to
the effect, issue a certificate of release pursuant to the provision of the
following paragraph and release him/her immediately. The same shall apply
when the captive person prescribed in the preceding paragraph files no appeal for review on the recognition of internment status as prescribed in the
paragraph (4).
(3) In the certificate of release issued pursuant to the provision of the preceding paragraph, the following matters shall be entered, and the recognition officer of internment status shall affix his/her name and seal on the certificate:
(i) Name, rank, etc., date of birth and identification card number, etc. of the captive person;
(ii) Date, time and place of the capture;
(iii) Reasons for release;
(iv) Date of issuance of the certificate of release;
(v) Other matters provided for in an Ordinance of the Ministry of Defense. (4) The captive person prescribed in the paragraph (1) may, if he/she is
dissatisfied with the recognition of internment status as prisoner of war other than the member of armed forces, etc. or with the decision of no necessity for
the internment pursuant to the provision of the paragraph (2) of preceding Article, file an appeal for review on the recognition of internment status with the review board on the recognition of prisoners of war status, etc. by
submitting a written statement containing the grounds for his/her complaint to
a recognition officer of internment status, within 24 hours from the time he/she received the notice set forth in the provision of paragraph (3) of the said Article, provided for by Cabinet Order.
(5) The provisions of paragraph (2) of Article 14 and Article 15 shall apply
mutatis mutandis to the case that an appeal for review on the recognition of internment status set forth in the preceding paragraph is filed.
(Form of Written internment Order)
Article 18 In the written internment order issued pursuant to the provision of
the paragraph (5) of the Article 16, the following matters shall be entered and the recognition officer of internment status shall affix his/her name and seal
thereon:
(i) Name, rank, etc., date of birth, identification card number, etc. of the captive person;
(ii) Date, time and place of the capture;
(iii) Internment status (i.e. It refers to divisions in regards to recognition of
internment status as for the captive person concerned as provided in Article
3, item (4) the sub item(a) to (k). The same shall apply hereinafter.); (iv) Date of issuance;
(v) Other matters provided for in an Ordinance of the Ministry of Defense.
(Enforcement of Written Internment Order)
Article 19 (1) A written Internment Order shall be enforced by assistant recognition personnel.
(2) In enforcing a written internment order, the assistant recognition personnel
shall show the written internment order to the person subject to internment and have promptly deliver him/her to a prisoner of war camp commander.
(3) In cases of taking delivery of a person pursuant to the provision of the preceding paragraph, the prisoner of war camp commander shall intern the person in the prisoner of war camp.
(Measures for Fugitives)
Article 20 (1) In cases of taking delivery of a captive person pursuant to the
provision of the paragraph (2) of Article 6 or the paragraph (4) of Article 9, if
the said captive person was found who has been interned pursuant to a written internment order and has subsequently escaped, the recognition officer of
internment status shall, notwithstanding the provision of Article 16, notify the
said captive person to the effect that he/she shall be interned again pursuant to the said written internment order, and deliver him/her immediately to a
prisoner of war camp commander.
(2) The prisoner of war camp commander shall, when he/she has taken delivery
of a person pursuant to the preceding paragraph, show the written internment order to the person being delivered as soon as possible.
(Delegation to Ordinance of the Ministry of Defense)
Article 21 In addition to what is provided for in this section, the matters necessary for the procedures for recognition of internment status shall be provided by an Ordinance of the Ministry of Defense.
Section 4 Relations with Procedures by Other Laws and Regulations, etc. (Relations with Detaining Procedures by Other Laws and Regulations)
Article 22 (1) The recognition officer of internment status may, when he/she
considers that a person listed below is to be a person subject to internment, conduct the inquiry for recognition of internment status as governed by the provisions of Article 11 (except for paragraph (3)) even without taking said person in custody pursuant to the provision of Article 4:
(i) A person who is in custody pursuant to the provisions of laws and
regulations on criminal or juvenile cases;
(ii) A person who is detained pursuant to the written detention order
prescribed in Article 40 of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951. Hereinafter referred to as "Immigration Act") or the written deportation order prescribed in Article 51 of the
Immigration Act.
(2) The recognition officer of internment status may, when he/she finds a person listed in item (ii) of the preceding paragraph falls a person subject to
internment as a result of the investigation pursuant to the provision of said paragraph, issue a written internment order as governed by the provision of Article 16 and interned said person after taking delivery him/her from the
immigration control officer (i.e. the immigration control officer prescribed in item (xiii) of Article 2 of the Immigration Act).
(Incoming transfer from Contracting Party of the Third Convention)
Article 23 (1) The recognition officer of internment status may, when he/she considers that a foreigner in the custody of an armed forces of a contracting
party of the Third Convention except Japan or other similar organizations is to be a person subject to internment, conduct inquiry for recognition of
internment status as governed by the provisions of Article 11 (except for
paragraph (3)) in the manner set forth by the Minister of Defense, even
without taking such foreigner in custody pursuant to the provision of Article 4. (2) The recognition officer of internment status may, when he/she finds a
foreigner set forth in the preceding paragraph falls to a person subject to
internment and is to be appropriate for interned in Japan as the result of inquiry pursuant to the provision of the preceding paragraph, issue a written detention order as governed by the provision of Article 16 and interned said
foreigner after taking delivery him/her from the authority of said contracting party set forth in the preceding paragraph.
Chapter III Internment and Treatment in Prisoner of War Camps
Section 1 General Rules
(Principles)
Article 24 (1) The prisoner of war camp commander shall appropriately manage and administrate operations of the prisoner of war camp, and with respecting human right, conduct appropriate treatment of the detainees (i.e. prisoners of war, medical personnel, chaplains, violators of distinct duties, spies and
mercenaries who are detained in the prisoners of war camp pursuant to a
written internment order and those who are detained in the prisoners of war
camp pursuant to a written provisional detention order (hereinafter referred to as "provisional detainee". The same shall apply hereinafter) in accordance with internment status, ranks, etc., sex and age of the detainees, and manners,
customs and the way of their life in the countries to which they belong.
(2) As much freedom as possible shall be provided to the detainees so long as
there is no hindrance of either the maintenance of discipline and order or the management and administration of the prisoner of war camp.
(Considerations to Protecting Powers, etc.)
Article 25 The prisoner of war camp commander shall respect missions that the representatives of protecting powers and designated Red Cross International Organization (i.e. Red Cross International Organization provided by the
Cabinet Order. The same shall apply hereinafter) and designated assisting
organizations (i.e. organizations which assist the detainees and are designated by Minister of Defense. The same shall apply hereinafter) fulfill pursuant to
the provisions of the Third Convention and the First Additional Protocol, and shall especially take considerations so that no hindrance may be caused in the fulfillment of said missions.
(Classification of Ranks, etc.)
Article 26 In order to provide appropriate treatment in accordance with the ranks, etc., the prisoner of war camp commander shall classify the detainees (except for provisional detainees) into commissioned officers, warrant officers, noncommissioned officers/petty officers or soldiers/seamen pursuant to the
criteria on ranks, etc., provided for by the Minister of Defense.
Section 2 Commencement of Detention
(Notification on Commencement of Detention)
Article 27 (1) The prisoner of war camp commander shall, at the commencement of detention to the prisoner of war camp, notify the detainees of the following
matters:
(i) Matters pertaining to hygiene and medical care; (ii) Matters pertaining to religious activities;
(iii) Matters pertaining to the compliance rules prescribed in the paragraph (1)
of Article 44;
(iv) Matters pertaining to disciplinary actions;
(v) Matters pertaining to lending, etc. and self-supplying of articles; (vi) Matters pertaining to access to books, etc.;
(vii) Matters pertaining to visits and correspondence; (viii) Matters pertaining to the filling of complaints.
(2) The notification pursuant to the provision of the preceding paragraph shall be
made in writing, pursuant to an Ordinance of the Ministry of Defense.
(Photographing and Collecting of Fingerprints)
Article 28 The prisoner of war camp commander shall, at the commencement of detention to the prisoner of war camp, take measures, such as photographing, collecting of fingerprints and the like within the limit necessary for
identification of the detainees, pursuant to an Ordinance of the Ministry of
Defense. The same shall to subsequent cases of necessity so to do.
Section 3 Hygiene and Medical Care
(Principles of Hygiene and Medical Care)
Article 29 At the prisoner of war camp, efforts shall be made to grasp the
physical and mental conditions of the detainees thereof, and hygienic and medical measures shall be taken in order to maintain the health of the
detainees and hygiene inside the prisoner of war camp.
(Detainees' Duty to Cleanliness)
Article 30 A detainee should maintain cleanliness of his/her own body, clothes and personal belongings, and his/her own living quarters (i.e. the quarters that the prisoner of war camp commander designates as the place where the
detainees use mainly for rest and sleep. The same shall apply in Article 45)
and other places used everyday.
(Medical Inspection)
Article 31 (1) In the prisoner of war camp, the medical inspections for the
detainees shall be held promptly after the commencement of the detention to the prisoner of war camp and regularly at the frequency of once a month or more. The medical inspections shall also be held if there exists necessity to do so in terms of the hygiene inside the prisoner of war camp.
(2) The detainees shall undergo the medical inspections prescribed in the
preceding paragraph. In the case of the foregoing, the detainees shall not be able to refuse blood sampling, radiography or otherwise any other medical
treatments within the limit necessary for conducting the medical inspections.
(Medical Treatment)
Article 32 (1) In the cases where a detainee is injured or suffering from disease, or is suspected to sustain an injury or to have a disease, the prisoner of war
camp commander shall promptly give him/her medical treatment and other necessary medical measures pursuant to an Ordinance of the Ministry of
Defense.
(2) In cases where the prisoner of war camp commander takes measures
prescribed in the preceding paragraph, he/she shall respect the will of a
detainee who receives the measures and shall take consideration so that the detainee may receive treatment by medical personnel from the country to
which he/she belongs.
(3) In cases where a detainee is found to fall under items of paragraph (1) under
Article 12 of the Act on Prevention of Infectious Diseases and Medical
Treatment for Patients with Infections Diseases (Act No. 114 of 1998), the
prisoner of war camp commander shall conduct necessary measures, such as
isolation and/or hospitalization of the detainee, in the manner set forth by the
Minister of Defense.
(Medical Personnel, etc. correspondent to physicians)
Article 33 (1) A person among the prisoners of war and medical personnel who is found by the prisoner of war camp commander as having qualifications which corresponds to the license for a physician in a foreign country (hereinafter
referred to as "medical personnel, etc. correspondent to physicians") may
conduct medical practice for the detainees in Self-Defense Forces hospitals, etc. (i.e. hospitals prescribed in Article 27 of Self-Defense Forces Act, and other
hospitals and/or clinics affiliated with the Self-Defense Forces provided by an
Ordinance of the Ministry of Defense. The same shall apply hereinafter),
notwithstanding the provisions of Article 17 of the Medical Practitioners Act
(Act No. 201 of 1948).
(2) The provisions of Article 19, Article 20 and Article 23 through Article 24-2 of the Medical Practitioners Act shall apply mutatis mutandis to medical
personnel, etc. correspondent to physicians.
(3) In case of conducting medical practices pursuant to the provision of
paragraph (1), the medical personnel, etc. correspondent to physicians shall be deemed to be a physician, and shall be applied the provisions of Article 6 and
Article 37 of the Act on Public Health Nurses, Midwives and Nurses (Act No.
203 of 1948), Article 13-3 of the Dental Hygienists Act (Act No. 204 of 1948),
paragraph (2) of Article 2, Article 24-2, Article 26 and paragraph (1) of Article
28 of the Act on Medical Radiology Technicians (Act No. 226 of 1951), Article 2 and Article 20-2 of the Act on Clinical Laboratory Technicians (Act No.76 of
1958), Article 19 and Article 22 through Article 24 of the Pharmacists Act (Act
No. 146 of 1960) and paragraph (2) of Article 2 and Article 38 of the Clinical
Engineers Act (Act No. 60 of 1987).
(Medical Personnel correspondent to Dental Practitioners)
Article 34 (1) A person among the prisoners of war and medical personnel who is found by the prisoner of war camp commander as having qualifications which corresponds to the license for a dentist in a foreign country (hereinafter
referred to as "medical personnel, etc. correspondent to dental practitioners")
may conduct dental practices for the detainees in Self-Defense Forces hospitals, etc., notwithstanding the provision of Article 17 of the Dentists Act (Act No.
202 of 1948).
(2) The provisions in Article 19, Article 20 and Article 22 through Article 23-2 of the Dentists Act shall apply mutatis mutandis to medical personnel, etc.
correspondent to dental practitioners.
(3) In case of conducting dental practice pursuant to the provision of paragraph (1), the medical personnel, etc. correspondent to dental practitioners shall be deemed to be dentists and shall be applied provisions of Article 6 and Article
37 of the Act on Public Health Nurses, Midwives and Nurses, paragraph (1) of Article 2, Article 13-2 and Article 13-3 of the Dental Hygienists Act, paragraph (2) of Article 2, Article 24-2, Article 26 and paragraph (1) of Article 28 of the
Act on Medical Radiology Technicians, paragraph (1) of Article 2 proviso and
Article 18 proviso of the Dental Technicians Act (Act No. 168 of 1955), Act
Article 2 and Article 20-2 of the Act on Clinical Laboratory Technicians and
Article 19 and Article 22 through Article 24 of the Pharmacists Act.
(Medical Personnel, etc. correspondent to Pharmacists)
Article 35 (1) A person among the prisoners of war and medical personnel who is found by the prisoner of war camp commander as having qualifications which
correspond to the license for a pharmacist in a foreign country (hereinafter
referred to as "medical personnel, etc. correspondent to pharmacists") may compound medicine for the purpose of dispending for the detainees in Self-
Defense Forces hospitals, etc., notwithstanding the provision of Article 19 of
the Pharmacists Act (Act No.146 of 1960).
(2) The provisions in Article 21 through Article 26 of the Pharmacists Act shall apply mutatis mutandis to medical personnel, etc. correspondent to
pharmacists. In this case, the term of "medical practitioner or dental
practitioner" in the Act Article 22 proviso shall be deemed to be replaced with
"physician, dentist, medical personnel, etc. correspondent to physicians or
medical personnel, etc. correspondent to dental practitioners," and the term of
"medical practitioner, dental practitioner or veterinarian" in the Act Article 23 and Article 24 shall be deemed to be replaced with "physician, dentist, medical personnel, etc. correspondent to physicians or medical personnel, etc.
correspondent to dental practitioners".
(Medical Personnel, etc. correspondent to Nurses)
Article 36 (1) Notwithstanding the provision in paragraph (1) of Article 31 of the
Act on Public Health Nurses, Midwives and Nurses, a person among the
prisoners of war and medical personnel who is found by the prisoner of war
camp commander as having qualifications which correspond to the license for a nurse in a foreign country (hereinafter referred to as "medical personnel, etc. correspondent to nurses") may conduct practices prescribed in the Act Article 5 of such Act for the detainees in Self-Defense Forces hospitals, etc.
(2) The provisions in Article 37 of the Act on Public Health Nurses, Midwives and
Nurses shall apply mutatis mutandis to medical personnel, etc. correspondent to nurses. In this case, the term of "medical practitioner or dental practitioner
in charge" in the Article shall be deemed to be replaced with "physician, dentist, medical personnel, etc. correspondent to physicians or medical personnel, etc.
correspondent to dental practitioners in charge".
(3) The medical personnel, etc. correspondent to nurses in conducting practices prescribed in Article 5 of the Act on Public Health Nurses, Midwives and
Nurses pursuant to the provision of paragraph (1) shall be deemed to nurses
and shall be applied the provision in Article 6 of such Act.
(Medical Personnel, etc. correspondent to Assistant Nurses)
Article 37 (1) Notwithstanding the provision in Article 32 of the Act on Public
Health Nurses, Midwives and Nurses, a person among the prisoners of war and medical personnel who is recognized by the prisoner of war camp commander
as having qualifications correspondent to a practical nurse in a foreign country
(hereinafter referred to as "medical personnel, etc. correspondent to Assistant nurses") may conduct practices prescribed in the Act Article 6, being directed
by physicians, dentist, nurse, medical personnel, etc. correspondent to
physicians, medical personnel, etc. correspondent to dental practitioners, or medical personnel, etc. correspondent to nurses, for the detainees in Self-
Defense Forces hospitals, etc.
(2) The provisions in Article 37 of the Act on Public Health Nurses, Midwives and Nurses shall apply mutatis mutandis to medical personnel, etc. correspondent to assistant nurses. In this case, "medical practitioner or dental practitioner in
charge" in the Article shall be deemed to be replaced with "physician, dentist, medical personnel, etc. correspondent to physicians or medical personnel, etc. correspondent to dental practitioners in charge".
(Obligation of Confidentiality)
Article 38 The medical personnel, etc. correspondent to physicians, medical
personnel, etc. correspondent to dental practitioners, medical personnel, etc.
correspondent to pharmacists, medical personnel, etc. correspondent to nurses, and medical personnel, etc. correspondent to assistant nurses shall not disclose any confidential information of any person he/she comes to know in the course
of practice, unless he/she has justifiable grounds. The same shall apply even
after medical personnel, etc. correspondent to physicians, medical personnel, etc. correspondent to dental practitioners, medical personnel, etc.
correspondent to pharmacists, medical personnel, etc. correspondent to nurses,
or medical personnel, etc. correspondent to assistant nurses leaves his/her profession.
(Duties of Directors for Medical Issues)
Article 39 The directors for medical issues of Self-Defense Forces hospitals, etc.
shall pay the necessary attention to make sure that the works by medical personnel, etc. correspondent to physicians, medical personnel, etc.
correspondent to dental practitioners, medical personnel, etc. correspondent to pharmacists, medical personnel, etc. correspondent to nurses, medical
personnel, etc. correspondent to assistant nurses and other medical personnel engaging in the work pertaining to medical treatment at the Self-Defense
Forces hospitals, etc. and the prisoners of war permitted to engage in the work listed in item(iii) of Article 64 pursuant to the provision of Article 68 at the
Self-Defense Forces hospitals, etc. are conducted in full.
Section 4 Religious Acts
(Individual Religious Acts)
Article 40 The worship and other religious acts that a detainee performs
individually in the prisoner of war camp shall not be prohibited nor restricted; provided, however, that this shall not apply to the case in which there is a risk of causing a hindrance to either the maintenance of discipline and order or the management and administration of the prisoner of war camp.
(Religious ceremonies)
Article 41 (1) The prisoner of war camp commander shall make efforts to make
available the opportunities for detainees to participate in religious ceremonies, such as sermons and worship, presided over by chaplains and other religious leaders whenever a detainee hopes to do within the prisoners of war camp.
(2) In cases where there is a risk of causing a hindrance to either the
maintenance of discipline and order or the management and administration of the prisoner of war camp, the prisoner of war camp commander may refuse to permit a detainee to participate in the religious ceremonies prescribed in the
preceding paragraph.
(Actions of Chaplains, etc.)
Article 42 In the prisoner of war camp, chaplains, etc. (i.e. chaplains, and
prisoners of war who are permitted to engage in works listed in item (iv) of
Article 64 pursuant to the provision of Article 69. The same shall apply in
paragraph (3) of Article 84) may assist the detainees in performing religious acts prescribed in Article 40 and may perform the religious ceremonies
prescribed in paragraph (1) of the preceding Article.
Section 5 Maintenance of Discipline and Order
Subsection 1 General Rules
(Discipline and Order in Prisoner of War Camps)
Article 43 (1) The discipline and order in the prisoner of war camps shall be maintained appropriately and rigorously.
(2) Measures taken in order to achieve the purpose in the preceding paragraph pursuant to the provision of this Section shall not exceed the limit necessary
for securing the custody of detainees and maintaining both adequate conditions
for the treatment of detainees and a safe and peaceful community life thereof.
(Compliance Rules)
Article 44 (1) The prisoner of war camp commander shall determine the rules to be complied with by detainees necessary for maintaining discipline and order in the prisoner of war camp (hereinafter referred to as "compliance rules").
(2) In addition to what is provided for by the provision of the preceding
paragraph, the prisoner of war camp commander or a staff member designated by the prisoner of war camp commander may, if necessary to maintain
discipline and order in the prisoners of war camp, give instructions to a detainee with regard to his/her life and behavior.
Subsection 2 Suppression and Other Measures, etc. (Body Search)
Article 45 The Self-Defense Forces personnel designated by the prisoner of war
camp commander may, if necessary to maintain discipline and order in the
prisoner of war camp, search a detainee's body, clothes, personal belongings, and living quarters, and deprive of any of personal belongings of detainee, and temporarily take custody thereof; provided, however, the search of body and
clothes of a female detainee shall be conducted by the female Self-Defense
Forces personnel designated by the prisoner of war camp commander.
(Suppression and Other Measures)
Article 46 In cases where a detainee escapes, inflicts injury on others, commits a self-injurious behavior, obstructs a staff member of the prisoner of war camp in the performance of their duties, or commits acts extremely detrimental to
discipline and order in the prisoner of war camp, or attempts to do so, Self-
Defense Forces personnel assigned to the prisoner of war camp may suppress
the act, restrain the detainee, or take any other measures in order to deter the detainee from doing so, within the extent deemed reasonably necessary.
(Use of equipment)
Article 47 Self-Defense Forces personnel assigned to the prisoner of war camp may, in the cases either they take the measures prescribed in the preceding
Article or escort detainees, use handcuffs or any other equipment provided for by an Ordinance of the Ministry of Defense in the manner set forth by the Minister of Defense.
Subsection 3 Disciplinary Actions
(Disciplinary Actions)
Article 48 In case where a detainee commits any of the acts in the following items, the officer having disciplinary authority (i.e. prisoner of war camp commanders, or Self-Defense Forces officers (Self-Defense Forces officers
prescribed in paragraph (1) of Article 15 of the Act for Establishment of the Ministry of Defense (Act No. 164 of 1954)) assigned to prisoner of war camps and provided in the Cabinet Order. The same shall apply hereinafter) may take disciplinary actions against said detainee:
(i) Escaping (except for those that fall under any provision in item (1) through
(3) of Paragraph 1 of Article 91 of the Third Convention) or attempting to escape;
(ii) Hindering the adequate pursuance of the internment, such as inflicting
injury on others or committing a self-injurious behavior, obstructing a staff member of the prisoner of war camp in the performance of their duties, and refusing to comply with the compliance rules;
(iii) Conducting any actions that contribute to the armed attack, such as
attempting to communicate to cause hindrance to the defense of Japan by such as corresponding;
(iv) Preparing, conspiring, inciting, inducing or aiding actions listed in the preceding three items.
(Categories of Disciplinary Actions)
Article 49 (1) The categories of disciplinary actions shall be as are set out under the following items:
(i) Reduction of up to half of the amount of benefits for internment of prisoners of war, etc. which is to be added to the calculated amount of benefits
pursuant to the provision of Article 74;
(ii) Engagement in work provided for by an Ordinance of the Ministry of
Defense for up to two hours a day;
(iii) Confinement isolated from other detainees.
(2) The period of disciplinary actions shall be for not exceeding thirty days. The same shall apply when the disciplinary actions are executed simultaneously for more than one of the acts falling to those listed in each item in the preceding
Article (hereinafter referred to as "disciplinary offense").
(3) More than one category of disciplinary action shall not be executed for one act.
(4) The disciplinary action listed in item (ii) of paragraph (1) shall be executed only for the detainees (except for provisional detainees) classified as
noncommissioned officers/petty officers or soldiers/seamen amongst the detainees.
(5) Incentive remuneration for engaging in works set forth in Article 74 shall not include any works engaged in as part of disciplinary action as listed in item (ii) of paragraph (1).
(6) The detainee subject to the disciplinary action listed in item (iii) of paragraph (1) is to be confined, as provided for by an Ordinance of the Ministry of Defense, in a slot separated by rank, etc. and sex as designated by an officer having
disciplinary authority. In this case, a person receiving the disciplinary action
shall be permitted to conduct the act listed in the following items when he/she requests to do thereof:
(i) To file a complaint and to make a petition;
(ii) To communicate with representatives of the protecting power and prisoners' representatives;
(iii) To exercise outdoors as long as requested within the time frame provided for by Minister of Defense for not less than two hours per day;
(iv) To read books, etc.;
(v) To correspond pursuant to the provision of Subsection 2 of Section 10.
(7) When the disciplinary action listed in item (iii) of paragraph (1) is imposed on a female detainee, said detainee shall not be placed under the supervision by only male staffs of the prisoner of war camp.
(Standards of Disciplinary Actions)
Article 50 In imposing disciplinary actions, the commander of the prisoners of war camp shall take into consideration such conditions with regard to the
detainee who committed the disciplinary offense as the age, mental and
physical conditions, and behavior of a detainee, as well as the nature, gravity, and motives of the disciplinary offense, and the impact which the disciplinary offense has imposed on the administration of the prisoner of war camp, the
attitude of the detainee after the disciplinary offense.
(Procedures for Disciplinary Actions)
Article 51 (1) In case where it is suspected that a detainee has committed a
disciplinary offense, an officer having disciplinary authority shall, as promptly as practicable, inquire into whether or not the disciplinary offense has been committed, and the circumstances which shall be taken into consideration
pursuant to the provisions of the preceding Article.
(2) An officer having disciplinary authority may, if necessary for the inquiry set forth in the preceding paragraph, isolate the detainee suspected of committing
a disciplinary offense as provided for by an Ordinance of the Ministry of
Defense. In this case, the period of isolation of said detainee shall not exceed fourteen days.
(3) In cases of imposing disciplinary actions, an officer having disciplinary authority shall notify the essential facts to the detainees suspected of
committing disciplinary offense and provide an opportunity for explanation in
advance. In this case, said detainee may request interpretation by interpreters. (4) A detainee notified of the facts set forth in the preceding paragraph may
request a statement by necessary witnesses.
(5) An officer having disciplinary authority shall, When he/she decides to impose a disciplinary action, notify said detainee and prisoners' representatives of
thereof and the substance of said disciplinary action as provided for by an
Ordinance of the Ministry of Defense.
(6) The prisoner of war camp commander shall prepare and maintain records pertaining to the disciplinary actions as provided for by an Ordinance of the Ministry of Defense.
(7) The prisoner of war camp commander shall permit the detainees subject to
disciplinary action, representatives of protecting powers and others as provided for by an Ordinance of the Ministry of Defense to inspect the records set forth
in the preceding paragraph upon their request.
(Execution of Disciplinary Actions)
Article 52 (1) The disciplinary actions shall be executed within the facilities of prisoner of war camp.
(2) The execution of disciplinary actions shall not be commenced after passing one month from the time of the notification pursuant to the provision of the paragraph (5) of preceding Article.
(3) The disciplinary actions shall not be executed within three days after the last
execution of disciplinary actions was completed; provided, however, that this shall not apply to cases in which both of the period for said disciplinary action and said last disciplinary action are less than 10 days.
(Non-execution of Disciplinary Actions)
Article 53 An officer having disciplinary authority may, when he/she finds that there is reasonable grounds with taking into consideration the attitude of a detainee after having notified the disciplinary actions and other conditions, suspend all or a part of the execution of said disciplinary actions against said detainee.
(Surveillance after Execution of Disciplinary Actions)
Article 54 The prisoner of war camp commander may place the detainees, who
received the disciplinary actions for the reason of committing an action listed
in item (i) of Article 48, subject to surveillance as provided for by an Ordinance of the Ministry of Defense after the execution of the disciplinary actions was
completed.
(Delegation to Ordinance of the Ministry of Defense)
Article 55 In addition to what is provided for in this Subsection, the matters necessary for procedures pertaining to disciplinary actions shall be prescribed by an Ordinance of the Ministry of Defense.
Section 6 Prisoners' Representatives and Assistants to the Prisoners' Representatives
(Designation of Prisoners' Representatives and Assistants to the Prisoners' Representatives)
Article 56 The prisoner of war camp commander shall designate prisoners'
representatives and those who assist prisoners' representatives (hereinafter
referred to as "assistants to the prisoners' representatives") in the manner set forth by the Minister of Defense.
(Offering of Facilities)
Article 57 The prisoner of war camp commander shall, within the scope which causes no hindrances to the adequate pursuance of the internment business, accord facilities necessary for the prisoners' representatives and assistants to the prisoners' representatives to accomplish their duties.
Section 7 Treatment of Detainees
(Principles on Lending and Supplying of Articles)
Article 58 (1) Detainees shall be lent, or supplied with, the clothing and beddings required for daily life in the prisoner of war camp, and shall be supplied meals and drinking water or tea.
(2) In addition to what is provided for in the preceding paragraph, detainees may
be lent, or supplied with, the articles required for daily life in the prisoner of war camp such as daily necessities, pens and erasers.
(3) The articles lent or supplied pursuant to the provisions of the preceding two
paragraphs shall be both suffice for the maintenance of detainees' health and appropriate in light of the status as detainee, taking into consideration of the actual situation of lives of Japanese citizens.
(Use and consumption of self-supplied articles)
Article 59 In cases where a detainee requests to use or consume such self-
supplied articles as the articles listed in the following items provided for by an Ordinance of Ministry of Defense, the prisoner of war camp commander shall permit him/her to do so as long as there is no hindrance into either
maintaining discipline and order, and other management and operations in the prisoner of war camp.
(i) Clothing and bedding; (ii) Foods and drinks;
(iii) Daily necessities, stationary, and other articles used in the daily life in the
prisoner of war camp;
(iv) Sweets and favorite articles;
(v) Other articles provided by an Ordinance of the Ministry of Defense.
(Opportunity to access to books and opportunity to access to news report and current affairs)
Article 60 The prisoner of war camp commander shall endeavor to provide the detainees with the opportunity to access books and opportunity to access to
news reports and current affairs as long as there is no risk of causing a
hindrance to either maintaining discipline and order, and other management and operations in the prisoner of war camp.
(Daily routine)
Article 61 The prisoner of war camp commander shall determine the daily routine in the prisoner of war camp pursuant to the criteria provided by an Ordinance of the Ministry of Defense, and notify them to the detainees.
(Assistance to activities)
Article 62 (1) The prisoner of war camp commander shall, pursuant to an
Ordinance of the Ministry of Defense, provide the detainees with assistance regarding intellectual, educational and recreational activities, sports, and
other activities.
(2) The prisoner of war camp commander shall, pursuant to an Ordinance of the Ministry of Defense, provide the detainees classified as commissioned officers, warrant officers and noncommissioned officers/petty officers with assistance on self-contracted work (i.e. manufacturing of goods engaged in by a detainee
under contract a persons outside the prisoners of war camp).
(Delegation to Ordinance of the Ministry of Defense)
Article 63 In addition to what is provided for in this Section, the matters
necessary for treatment of the detainees shall be prescribed by an Ordinance of the Ministry of Defense.
Section 8 Works of Prisoners of War
(Classes of work)
Article 64 The prisoner of war camp commander may have prisoners of war engage in the following works:
(i) Works pertaining to maintenance and administrations of the prisoner of war camp;
(ii) Interpretation or translation;
(iii) Works pertaining to medical treatment for the detainees;
(iv) Works pertaining to religious activities such as assistance to the detainees to perform religious acts.
(Works of commissioned officers and warrant officers)
Article 65 The prisoner of war camp commander may permit prisoners of war
classified to commissioned officers and warrant officers to engage in the works listed in item (i) or item (ii) of the preceding Article, upon their request.
(Works of non-commissioned officers/petty officers)
Article 66 (1) The prisoner of war camp commander may have prisoners of war
classified to non-commissioned officers/petty officers engaged in the work listed in item (i) of Article 64 (limited to the supervisory work).
(2) The prisoner of war camp commander may permit prisoners of war classified
to non-commissioned officers/petty officers engage in the work listed in item (i)
or item (ii) of Article 64, upon their request.
(Works of soldiers/seamen)
Article 67 (1) The prisoner of war camp commander may have prisoners of war
classified to soldiers/seamen engaged in the work listed in item (i) of Article 64. (2) The prisoner of war camp commander may permit prisoners of war classified
to soldiers/seamen to engage in the work listed in item (ii) of Article 64, upon their request.
(Work pertaining to medical treatment)
Article 68 The prisoner of war camp commander may permit prisoners of war to engage in the work listed in item (iii) of Article 64, upon their request.
(Work pertaining to assistance in religious actions)
Article 69 The prisoner of war camp commander may permit prisoner of war who is or was engaged in religion occupation to engage in the work listed in item
(iv) of Article 64, upon their request.
(Implementation of work)
Article 70 The work of the prisoners of war shall be implemented taking into
account the age, sex, rank, etc., physical aptitude, health and other conditions as much as possible.
(Working Conditions)
Article 71 (1) The prisoner of war camp commander shall take necessary
measures for ensuring the safety and health of prisoners of war who engage in work.
(2) The prisoners of war shall observe the necessary matters in accordance with measures taken by the prisoner of war camp commander pursuant to the
provision of the preceding paragraph.
(3) The Minister of Defense shall provide the measures to be taken by the
prisoner of war camp commander pursuant to the provision of paragraph (1) and the matters which shall be observed by prisoners of war pursuant to the provision of the preceding paragraph, following the same measures as to be
taken by business operators and matters which shall be observed by workers
prescribed in the Industrial Safety and Health Act (Act No. 57 of 1972) and other laws and regulations.
(Delegation to Ordinance of the Ministry of Defense)
Article 72 In addition to what is provided for in this Section, the methods of
work and other necessary matters of implementation of work shall be provided by an Ordinance of the Ministry of Defense.
Section 9 Benefits for Internment of Prisoners of War, etc. (Benefits for internment of prisoners of war, etc.)
Article 73 (1) Prisoners of war, medical personnel and chaplains detained in
prisoner of war camp (hereinafter referred to as "prisoners of war, etc. as
benefit recipients" in this section) shall be paid, provided by this Section, the basic benefit (i.e. a benefit corresponds to a monthly advances of payment
prescribed in Article 60 of the Third Convention. The same shall apply
hereinafter) and incentive remuneration for engaging in works (a benefit in accordance with works engaged pursuant to the provision of the preceding Section. The same shall apply hereinafter) as benefits for internment of
prisoners of war, etc.
(2) The prisoner of war camp commander shall, pursuant to an Ordinance of the
Ministry of Defense, prepare ledger of benefits and manage the calculated
amount of benefits for internment of prisoners of war, etc. (hereinafter referred
to as "calculated amount of benefits" in this section) by placing it to said ledger for each prisoner of war, etc. as benefit recipients separately.
(Amount and addition of benefit for internment of prisoners of war, etc.)
Article 74 (1) The amount of benefits for internment of prisoners of war, etc. to be added to the calculated amount of benefits shall be the amount set forth in the following items, with regard to the categories identified therein:
(i) Basic benefits: Amount of money on a monthly basis provided by an
Ordinance of the Ministry of Defense for each rank, etc. of prisoners of war, etc. as benefit recipients;
(ii) Incentive remuneration for engaging in works: The amount of money
calculated every month where the day in which the POW engaged in the
works belongs, in accordance with the standards provided for by the Defense
Minister, pursuant to an Ordinance of Ministry of Defense, by taking into consideration class and substance of the works and knowledge and skills required for the said works, as corresponding to the work which the POW engaged in the month.
(2) The amount of the benefits for internment of prisoners of war, etc. shall be
calculated, once a month on a day provided for by the Minister of Defense, by adding the amount of basic benefit of that month and the amount of the
incentive remuneration for engaging in works of the previous month of the
month to calculated amount of benefits.
(Payment of benefits for internment of prisoners of war, etc.)
Article 75 (1) In the cases where a prisoners of war, etc. as benefit recipients
requests to receive the benefits for internment of prisoners of war, etc. for the
purchase of articles permitted for use or consumption pursuant to the provision of Article 59 (referred to as "purchase of self-supplied articles" in the following
paragraph), the prisoner of war camp commander shall pay him/her within the total amount of the basic benefit in the month of the day they requested, and
the amount of the incentive remuneration for engaging in works in the previous month of the month of the day they requested.
(2) In case where a prisoners of war, etc. as benefit recipients requests to receive
the benefits for internment of prisoners of war, etc. for the purpose of other than the purchase of self-supplied articles or in excess of the total amount
prescribed in the proceeding paragraph, if it is deemed that such payment
causes no hindrance in efficient and smooth operation of the internment business, the prisoner of war camp commander may pay him/her all or a part of the amount in the request within the limit of the calculated amount of benefits pertaining to said prisoners of war, etc. as benefit recipients.
(3) In case where the benefits for internment of prisoners of war, etc. are paid
pursuant to the provisions of the preceding two paragraphs, the prisoners of war camp commander shall deduct the amount of said payment from the
calculated amount of benefits.
(Limit of addition of benefit for internment of prisoners of war, etc.)
Article 76 In case where articles are lent or supplied to prisoners of war, etc. as benefit recipients pursuant to the provision of the paragraph (2) of Article 58,
the prisoners of war camp commander don't need to add all or a part of the
amount of basic benefits of the month to which the day of lending or supplying belongs to the calculated amount of benefits.
(Issue of certificate and Payment of benefits for internment of prisoners of war, etc. at the termination of the internment)
Article 77 In case where a prisoners of war, etc. as benefit recipients falls under any of the following items, the prisoner of war camp commander shall issue a document that certifies the calculated amount of benefits on the basic benefit, and pay the total amount of the calculated amount of benefits on incentive
remuneration for engaging in works for prisoners of war, etc. as benefit
recipients.
(i) Cases where a prisoners of war, etc. as benefit recipients is repatriated as provided for by the provision of Article 144;
(ii) Cases where a prisoners of war, etc. as benefit recipients is permitted to deport as provided for by the provision of Article 146;
(iii) Cases where a prisoners of war, etc. as benefit recipients is transferred as
provided for by the provision of Article 147;
(iv) Cases where a prisoners of war, etc. as benefit recipients is released as provided for by the provision of Article 149.
(Inspection of ledger for benefits)
Article 78 The prisoners of war, etc. as benefit recipients, prisoners'
representatives, or representatives of protecting powers may inspect the ledger for benefits prescribed in the paragraph (2) of Article 73, as provided for by an Ordinance of the Ministry of Defense.
(Delegation to Ordinance of the Ministry of Defense)
Article 79 In addition to what is provided for in this Section, the matters
necessary on payment of benefits for internment of prisoners of war, etc., management of and keeping ledgers for benefits, and other treatment of benefits for internment of prisoners of war, etc. and the like shall be provided by an Ordinance of the Ministry of Defense.
Section 10 Contact with the Outside
Subsection 1 Visits
(Visits by representatives of protecting powers, etc.)
Article 80 (1) The prisoner of war camp commander shall, in cases where any of the persons listed in the following items request to visit detainees, permit
detainees to receive the visit. In this case, no staff member of the prisoner of war camp attends a visit for a detainee:
(i) Representatives of protecting powers;
(ii) Representatives of designated Red Cross International Organization; (iii) Defense counsels in criminal cases of the detainee.
(2) The prisoner of war camp commander may, in cases of permitting visit
pursuant to the provision of the preceding paragraph, make necessity minimum conditions for visit, such as date and time, and visiting site,
pursuant to the an Ordinance of the Ministry of Defense, for not causing an
extraordinary hindrance to the management and administration of the prisoner of war camp, only to the extent not to preclude the purpose of the visit.
(Other visitors)
Article 81 (1) In cases where a person other than those listed in all items of the paragraph (1) of the preceding Article requests to visit a detainee, if it is
deemed that there is a special circumstance where the visit is necessary, and if it is deemed that there is no risk of causing hindrance to the management and operations of the prisoner of war camp by permitting such visit, then the
prisoners of war camp commander may, in the manner set forth by the
Ministry of Defense, permit the detainee to receive the visit.
(2) The staff member of the prisoner of war camp shall attend the visit set forth in the preceding paragraph to the extent the attendance is not inconsistent
with the business purposes of the visitors.
(3) In the cases where the detainee or the visitor commits any act clearly
deviating from, or makes any oral statement those contents clearly deviates from what is necessary to carry out the business to which the visit has
permitted, a staff member of prisoners of war camp may either restrain the
conducts or oral statements, or suspend the visit. In this case, the staff
member may order the detainee or the visitor to withdraw from the visiting site, or may take any other necessary measures to suspend the visit.
(4) In cases where a visit is suspended pursuant to the provision of the preceding paragraph, if it is deemed inappropriate to continue the visit, then the
prisoners of war camp commander may terminate the visit.
(Restriction and Suspension of visits)
Article 82 (1) The Minister of Defense may order the prisoner of war camp commander, with a designation of the period and facilities of the prisoner of war camp, to restrict or suspend the visits prescribed in the provision the
preceding two Articles, when the Minister of Defense finds it extremely necessary to do so for the defense of Japan, in light of circumstance of the necessary use of force engaged by the Self-Defense Forces to repel Armed
Attacks, deployment of Self-Defense Forces Units, etc., and other situations
with regard to the measures taking against Armed Attack Situations.
(2) The Minister of Defense shall, when he/she finds the restriction or suspension of visits set forth in the preceding paragraph has become unnecessary, order immediately the prisoner of war camp commander to terminate such rescission or suspension of the visits.
Subsection 2 Correspondence and Communications by Telegram, etc. (Correspondence)
Article 83 Correspondence with detainees may not be prohibited or restricted
other than what is provided for in this Section.
(Restrictions on letters)
Article 84 (1) The prisoner of war camp commander may, pursuant to an
Ordinance of the Ministry of Defense, impose restrictions necessary for the
adequate pursuance of the internment upon the manner in preparing and the number of letters, and the procedures for sending or receiving letters of
detainees,; provided, however, that this shall not apply to letters that the
prisoners' representatives or the assistants to the prisoners' representatives
send to national or local government agency, protecting powers, designated Red
Cross International Organization, or designated assisting organizations and
that contain matters under the authority of the prisoners' representatives or the assistants to the prisoners' representatives pursuant to the provision of
Article 80 and other provisions of the Third Convention.
(2) In the cases referred to in the preceding paragraph, when the prisoners of war camp commander impose restriction on the number of letters a detainee sends,
the number shall be not less than two per month with regards to what is
provided for by an Ordinance of the Ministry of Defense as corresponding to
the letters prescribed in paragraph (1) of Article 71 of the Third Convention, and four per month for with regards to what is provided for by an Ordinance of the Ministry of Defense as corresponding to the postcards prescribed in the
said paragraph.
(3) Notwithstanding the provision in the paragraph (1), the number of letters that chaplains, etc. send to religious organizations necessary to assist the
religious actions of the detainees or to perform religious ceremonies pursuant to the provision of Article 42, shall not be restricted, except in the case that
there is a risk to cause extraordinary hindrance in the adequate pursuance of the internment.
(Examination of letters)
Article 85 (1) The prisoner of war camp commander shall promptly conduct the examination of the contents of letters that the detainees send and receive.
(2) Not withstanding the provision in the preceding paragraph, the prisoner of
war camp commander shall examine the letters that detainees receive from national or local government agency within the limits necessary for
ascertaining the contents thereof.
(Suppression, etc. of letters by contents)
Article 86 (1) In cases where it is found, as the result of the examination
pursuant to the provision of paragraph (1) of preceding Article, that all or a
part of a letter a detainee sends or receives falls under the cases set out under the following items, the prisoner of war camp commander may suppress the
sending or receiving, or remove or erase the said parts of the letter:
(i) Cases where the contents of the letter or a part thereof are the kind unable to be understood due to a use of specific kind of communication such as in
code;
(ii) Cases where there is a risk of causing hindrance to the defense of Japan by sending or receiving the letter or a part thereof;
(iii) Cases where there is a risk of either infringing penal laws and regulations or causing infringement of penal laws and regulations by sending or
receiving the letter or a part thereof;
(iv) Cases where there is a risk of causing escape and other disruption of discipline and order with regards to the treatment of the detainees by
sending or receiving a letter or a part thereof;
(v) Cases where there are clearly false descriptions of the treatment of the
detainees and other conditions with regards to the treatment of the detainees. (2) Notwithstanding the provisions in the preceding paragraph, with regard to
either letters a detainee sends to or receives from the protecting powers or designated Red Cross International Organizations and whose contents include the matters under the authorities of those organizations prescribed in the
provisions of the Third Convention or the First Additional Protocol, the
prisoners of war camp commander shall not suppress their sending or receiving, or remove or erase the concerned part of the letter to authorities of those
organizations for the reason that all or a part of letter pertaining to matters concerned fall under item (v) of the preceding paragraph.
(3) Notwithstanding the provisions of the paragraph (1), with regard to either letters a detainee sends to or receives from a national or local government
agency and whose contents include the matters under the authority of the agency and letters a detainee sends to or receives from an attorney who
discharges the duty prescribed in paragraph (1) of Article 3 of the Attorney Act (Act No. 205 of 1949) with regard to the detainee, the prisoners of war camp commander shall not suppress their sending or receiving, or remove or erase
the concerned part of them for the reasons that all or a part of letter pertaining to matters concerned fall under item (v) of paragraph (1).
(4) Notwithstanding the provisions of the paragraph (1), with regard to either
letters prisoners' representatives or assistants to the prisoners' representatives send to or receive from a national or local government agency and that contain matters under the authority of the agency, and with regard to either letters
prisoners' representatives or assistants to the prisoners' representatives send to or receive from protecting powers, designated Red Cross International
Organization or designated assisting organizations and that contain matters under the authority of the prisoners' representatives, the assistants to the
prisoners' representatives, protecting powers, designated Red Cross
International Organization or designated assisting organizations prescribed in the Third Convention or the First Additional Protocol, the prisoners of war
camp commander shall not suppress their sending or receiving.
(5) Notwithstanding the provisions of the paragraph (1), with regard to letters
prisoners' representatives or assistants to the prisoners' representatives send to a national or local government agency and that contain matters under the authority of the agency, and with regard to letters either prisoners'
representatives or assistants to the prisoners' representatives send to or receive from protecting powers, designated Red Cross International
Organization or designated assisting organizations and that contain matters under the authority of the prisoners' representatives, the assistants to the
prisoners' representatives, protecting powers, designated Red Cross
International Organization or designated assisting organizations prescribed in the Third Convention or the First Additional Protocol, the prisoners of war
camp commander shall not remove or erase the concerned part of letters for the
reasons that all or a part of letter pertaining to matters concerned fall under item (v) of paragraph (1).
(Sending Telegram, etc. by detainees)
Article 87 (1) In case where detainees may not have correspond with their
spouse or relatives within the third degree of kinship by letters and in other
cases as provided for by an Ordinance of the Ministry of Defense, the prisoner of war camp commander may permit the detainee to send telegrams and to
engage in communication by other means of telecommunications provided for by an Ordinance of the Ministry of Defense (hereinafter referred to as
"telegraph, etc.").
(2) The prisoner of war camp commander may, pursuant to an Ordinance of the Ministry of Defense, impose restrictions necessary for the adequate pursuance of the internment upon the manner in preparing and the number of sending or engaging of the telegraph, etc., and the procedures for sending or engaging
telegraph, etc. of detainees.
(3) The provisions of the paragraph (1) of Article 85 and paragraph (1) of Article
86 shall apply mutatis mutandis to telegraphs, etc. that detainees send or engage.
(4) Notwithstanding the provisions of the preceding three paragraphs, with
regard to the telegraphs, etc. that prisoners' representatives or assistants to
the prisoners' representatives send or to a national or local government agency, protecting powers, designated Red Cross International Organization or
designated assisting organizations and that contain matters under the
authority of the prisoner' representatives or the assistants to the prisoners'
representatives pursuant to the provisions of Article 80 and other articles of
the Third Convention shall be deemed as letters, and the provisions of Article
83 to the preceding Article inclusive shall apply thereof.
(Receiving Telegraphs, etc. of detainees)
Article 88 The telegraphs, etc. that the detainees receive or engage in shall be
deemed to be letters that the detainees receive and the provisions of Article 83, paragraph (1) of Article 84, Article 85 and Article 86 shall apply thereof.
(Delegation to Ordinance of the Ministry of Defense)
Article 89 In addition to matters provided for in this Section, the matters necessary for the correspondence and engaging in the telegraphs, etc., shall be provided by an Ordinance of the Ministry of Defense.
Section 11 Filling of Complaints
(Filling of complaints with a prisoner of war camp commander)
Article 90 A detainee may, either orally or in writing, file a complaint with
regard to the measures taken by the prisoner of war camp commander against him/her or any other treatment he/she received.
(Filling complaints with the Minister of Defense or the Chief of Staff)
Article 91 (1) A detainee may, in writing, file a complaint with the Minister of
Defense or the Chief of Staff (i.e. Chief of Staff prescribed in Article 9 of Self-
Defense Forces Act) designated by the Minister of Defense with regard to measures taken by the prisoner of war camp commander against him/her or any other treatment that he/she has received.
(2) Filling complaint set forth in the preceding paragraph shall be made by
submitting the document, prepared and sealed by the detainee himself/herself, via the prisoner of war camp commander.
(3) The prisoner of war camp commander shall not examine the document set forth in the preceding paragraph.
(4) The prisoner of war camp commander shall not preclude a detainee to
communicate with prisoners' representatives or representatives of protecting powers with regard to measures taken by prisoner of war camp commander
against the detainee that he/she received.
(Delegation to Ordinance of the Ministry of Defense)
Article 92 In addition to what is provided for in this Section, the matters
necessary procedures for filling complaints and of their treatments shall be prescribed by an Ordinance of the Ministry of Defense.
Chapter IV Appeal for Review
Section 1 Organization of a Review Board on the Recognition of Prisoner of War Status, etc.
(Review Board on the recognition of Prisoner of War status, etc.)
Article 93 Review Board on the recognition of Prisoners of war status, etc.
(hereinafter referred to as "Review Board") shall be established temporarily at the Ministry of Defense to deal with the cases of appeal for review on the
recognition of internment status and of appeal for review on disciplinary
actions.
(Organization)
Article 94 (1) The Review Board comprises no more than 15 members. (2) The board members shall be part-time.
(Appointment of board members)
Article 95 The Minister of Defense shall appoint board members from among
those who have an honorable personality, knowledge about national security, and academic experience with the Third Convention and other international humanitarian laws to be applied in case of international armed conflict or laws and regulations on national defense.
(Exercise of authority)
Article 96 The board members shall exercise their authority independently.
(Term of office)
Article 97 (1) The term of office for a board member shall be three years;
provided, however, that the term of office of a substitute board member shall be the period remaining of the predecessor's term.
(2) Board members may be reappointed.
(3) Even after the expiration of the term of office of a board member, the said board member shall continue to perform his/her official duties until his/her successor is appointed.
(4) In the event of the abolishment of the Review board, the term of office of the board members terminates at the time of its abolishment, notwithstanding the provision in the preceding paragraph (1).
(Guarantee of status)
Article 98 Board members shall not be dismissed against their will while in office, with the exception of the following items:
(i) In the event that a board member is declared bankrupt;
(ii) In the event that a board member is sentenced to imprisonment without work or heavier;
(iii) In the event that the Review Board determines that a board member is
unable to perform official duties due to mental and/or physical disorders, or has breach his/her official obligation in the course of duties or is guilty of
such malfeasance as to render himself/herself unfitting to be a board member.
(Dismissal)
Article 99 The Minister of Defense shall dismiss a board member who falls under any item of the preceding Article.
(Chairperson)
Article 100 (1) A chairperson shall be selected for the Review Board; the selection shall be made by mutual vote from among the board members.
(2) The chairperson shall preside over affairs of the Review Board and represent
the Review Board.
(3) The Review Board shall select in advance a board member in advance who will act for the chairperson in the event that the chairperson is unable to
perform his/her official duties.
(Panel)
Article 101 (1) The Review Board deals with the cases of appeal for review on the recognition of status for internment and of appeal for review on
disciplinary actions (hereinafter referred to as "case on appeal for review") by a panel comprised of three persons nominated from the board members.
(2) The Review Board deals with cases on appeal for review by the panel
comprised of all board members in case that the Review Board so determines, notwithstanding the provision of the preceding paragraph.
Article 102 (1) The board members comprising a panel prescribed in paragraphs
(1) or (2) of the preceding Article become reviewers, among whom one member is nominated as a chief reviewer.
(2) Amongst the panels set forth in the paragraph (1) of the preceding Article, the chairperson becomes the chief reviewer in the panel in which he/she is
involved; however, in the other panels, a board member nominated by the
Review Board becomes the chief reviewer.
(3) In the panel set forth in the paragraph (2) of the preceding Article, the
chairperson becomes the chief reviewer; however, in the event that he/she is unable to perform his/her official duties, the committee member who acts for the chairperson pursuant to the provision of the paragraph (3) of Article 100 shall become the chief reviewer.
Article 103 (1) The panels set forth in the paragraph (1) of Article 101 shall not hold meetings or make any determination without the attendance of all the
reviewers, and the panels set forth in the paragraph (2) of Article 101 shall not do either without the attendance of a majority of two-thirds or more of all the reviewers.
(2) All determinations of the panels set forth in the paragraph (1) of Article 101
shall be made by a majority of the reviewers comprising the panel; all
determinations of the panels set forth in the paragraph (2) of Article 101 shall be made by a majority of all the reviewers.
(Board meeting)
Article 104 (1) Review Board shall administrate its affairs (except for cases on appeal for review) by decision of a meeting of all the board members
(hereinafter in this Article referred to as "Board Meeting").
(2) The Board Meeting shall not be held or make a decision without the
attendance of a majority of the board members, including the chairperson. (3) All decisions of the Board Meeting shall be made by a majority of the
attendees.
(4) The decision of the Review Board pursuant to the provision of the item (iii) of
Article 98 shall, notwithstanding the provision set forth in the preceding
paragraph, be made with the unanimous consent of all attendees except for the member concerned.
(Prohibition of specified acts)
Article 105 No board member shall not be a candidate for the Diet, the local assembly of a local public entity or any other elective public office, or actively conduct political activities.
Section 2 Procedures for Appeal for Review on the Recognition of
Internment Status
(Appeal for review on the recognition of internment status by interned persons) Article 106 (1) A person who has issued a written internment order pursuant to
the provision of Article 18 may, when he/she is dissatisfied with the recognition
of internment status prescribed in paragraph (1) or (3) of Article 16 (i.e. the
recognition of internment status prescribed in the said two paragraphs entails a judgment on the necessity for internment pursuant to paragraph (2) of
Article 16. The same shall apply hereinafter, except for paragraphs (2) and (3) of Article 121.), appeal in writing or orally, pursuant to Cabinet Order, to the Review Board for a review on the recognition of internment status.
(2) The appeal for review on the recognition of internment status prescribed in
the preceding paragraph shall be made within 60 days from the day immediately following the day on which the written internment order was shown pursuant to the provision of paragraph (2) of Article 19; provided,
however, that this shall not apply when the applicant has made a prima facie showing to the effect that he/she has reasonable grounds for having been
unable to make an appeal for review on the recognition of internment status within the said period of time.
(3) The appeal for review on the recognition of internment status prescribed in
the paragraph (1) shall be made through a recognition officer of internment status or a prisoner of war camp commander.
(4) With regard to the computation of period of time for the appeal for review on
the recognition of internment status provided in the preceding paragraph, the appeal for review on the recognition of internment status shall be deemed to
have been made at the time of submission of a written application for review on
the recognition of internment status to, or of the statement to the said organizations through which the appeal was made.
(Dismissal of Appeal)
Article 107 In case where an appeal for review on the recognition of internment status is unlawful and is not correctable, the Review Board shall dismiss the
appeal by determination.
(Correction)
Article 108 (1) In case where an appeal for review on the recognition of
internment status is unlawful but correctable, the Review Board shall specify a reasonable period and order that such defect should be corrected within that
period.
(2) In the case that a person who has appealed for a review on the recognition of internment status (hereinafter referred to as "the applicant of the appeal for review on the recognition of internment status") fails to correct the defect
within the period set forth in the preceding paragraph, the Review Board may
dismiss the appeal for review on the recognition of internment status by
determination; provided, however, that this shall not apply when such defect is minor.
(Date and place for proceeding)
Article 109 (1) The Review Board shall designate a date and place for proceeding and notify them in advance to the applicant of the appeal for review on the
recognition of internment status and the prisoner of war camp commander. (2) The prisoner of war camp commander shall summon the applicant of the
appeal for review on the recognition of internment status to the place on the date for proceeding he/she was notified pursuant to the provision of the
preceding paragraph.
(3) The applicant of the appeal for review on the recognition of internment status may, in the case referred to in the preceding paragraph, appear together with
an interpreter or other assistants with the permission of the Review Board.
(Request for an interpreter)
Article 110 The applicant of the appeal for review on the recognition of
internment status may, when he/she needs the attendance of an interpreter, request it to the Review Board.
(Proceeding open to the public)
Article 111 All proceedings shall be open to the public; provided, however, that
the proceedings may not be open to the public upon petition of the applicant of the appeal for review on the recognition of internment status or a witness
prescribed in item (i) of the paragraph (2) of Article 114.
(Presidency of the proceedings)
Article 112 Proceedings at the date of said proceeding shall be presided over by the chief reviewer.
(Statement of opinion, etc.)
Article 113 (1) The Review Board shall grant the applicant of the appeal for
review on the recognition of internment status an opportunity to state his/her opinions on the date of the proceedings.
(2) The applicant of the appeal for review on the recognition of internment status may submit to the Review Board a written opinion at any time until the
determination with regard to the appeal is rendered.
(Disposition for Proceedings)
Article 114 (1) The Review Board may, if necessary to conduct the proceedings, examine the applicant of the appeal for review on the recognition of internment status.
(2) The Review Board may, if necessary to conduct the proceedings, render the
dispositions listed the following items, upon a petition made by the applicant of the appeal for review on the recognition of internment status or by its own
authority:
(i) Requesting a witness to appear to be examined, or obtaining his/her opinions or reports;
(ii) Requesting the submission of documents or other objects to the owner,
possessor, or custodian of the said subjects, or retaining the said objects; (iii) Ordering expert testimony.
(3) The Review Board may cause a reviewer to render the disposition listed in
item (i) of the preceding paragraph.
(Record of the proceedings)
Article 115 (1) The Review Board shall prepare a record of the proceedings on the date of review.
(2) An applicant of the appeal for review on the recognition of internment status
may inspect the records set forth in the preceding paragraph with the permission of the Review Board.
(Meetings)
Article 116 Meetings of the Review Board are not open to public.
(Withdrawal of an appeal for review on the recognition of internment status) Article 117 (1) The applicant of the appeal for review on the recognition of
internment status may withdraw his/her appeal for review on the recognition
of internment status at any time until the determination with regard to the appeal is rendered.
(2) The withdrawal of an appeal for review on the recognition of internment
status shall be made in writing.
(Determination on the merits)
Article 118 The Review Board shall, when all proceedings have been completed, make a determination on merits which dismiss the appeal for review on the
recognition of internment status, or either rescinds or modifies the recognition of internment status; provided, however, that the said recognition may not be modified in a way detrimental to the applicant of the appeal for review on the recognition of internment status.
(Method of determination)
Article 119 A determination shall be rendered in writing and show the reason, and the reviews attending the meeting shall sign and seal it. When a reviewer attending the meeting cannot sign and seal on the writing determination, the other reviewers attending the meeting shall make an additional entry thereof to the writing, and sign and seal in it.
(Becoming effective of a resolution)
Article 120 (1) A determination shall become effective when it is served upon the applicant of the appeal for review on the recognition of internment status.
(2) A service of a determination is made by sending a certified copy of the written determination; provided, however, that the delivery may be made by
publication when the location of the person who is to be served it is unknown.
(3) A service of publication shall be made by posting a notice, at the posting area of the location of the office of the Review Board, to the effect that the Review Board shall retain a certified copy of the written determination to be served
and delivery it at any to the person who is to receive the service, and also by
publishing thereof in the Official Gazette or other bulletin at least once. In this case, the certified copy of the written determination shall be deemed to have
been delivered at the time when two weeks from the day immediately following the day of the initial posting has passed.
(Actions by the prisoner of war camp commander)
Article 121 (1) In the cases where an appeal for review on the recognition of
internment status set forth of in the paragraph (1) of Article 14 or paragraph
(4) of Article 17 is dismissed by a determination pursuant to the provision of
Article 107 or paragraph (2) of Article 108, is withdrawn as provided for by the provision of the paragraph (1) of Article 117, or is denied pursuant to the
provision of Article 118, the prisoner of war camp commander shall immediately release the said applicant of the appeal for review on the recognition of internment status.
(2) With regard to the appeal for review on the recognition of internment status
set forth of in the paragraph (1) of Article 14, when the recognition of the
internment status is modified and an internment status (i.e. if an internment status falls under a category of prisoner of war other than the member of
armed forces, etc., the internment status is limited to that is with the necessity for an internment prescribed in the paragraph (2) of Article 16; the same shall
apply to the following paragraph, the paragraph (5) and the following Article.)
is recognized by a determination pursuant to the provision of Article 118, the
prisoner of war camp commander shall immediately show a written internment order pursuant to the provision in the paragraph (4) to the said applicant of
the appeal for review on the recognition of internment status.
(3) With regards the appeal for review on the recognition of internment status set forth in the paragraph (4) of Article 17, when the recognition of internment
status or the judgment that internment is unnecessary pursuant to the
provision of the paragraph (2) of Article 16 is modified, and an internment
status is recognized by a determination pursuant to the provision of Article 118, the prisoner of war camp commander shall do in the same manner set forth in
the preceding paragraph.
(4) In the enforcement of the written internment order set forth in the preceding two paragraphs, the written internment order shall be shown to, by Self-
Defense Forces personnel designated by the prisoner of war camp commander, to the said applicant of the appeal for review on the recognition of internment status.
(5) In the written internment order issued pursuant to the provision of
paragraph (2) or paragraph (3), the following matters shall be entered, and the prisoner of war camp commander shall affix his/her name and seal thereon:
(i) Date, time and place of the capture;
(ii) Name, rank, etc., date of birth, identification card number, etc., of the
applicant of the appeal for review on the recognition of internment status; (iii) Internment status;
(iv) Date of issuance;
(v) Other matters provided for in an Ordinance of the Ministry of Defense.
Article 122 (1) With regard to the appeal for review on the recognition of
internment status set forth of in the paragraph (1) of Article 106, when a recognition of a internment status has been dismissed and the internment
status has not been recognized by a determination pursuant to the provision of Article 118, the prisoner of war camp commander shall immediately release the said applicant of the appeal for review on the recognition of internment status.
(2) With regard to the appeal for review on the recognition of internment status set forth in the paragraph (1) of Article 106, when the recognition of a
internment status has been modified and the other internment status has been recognized than that pertaining to the said recognition by a determination
pursuant to the provision of Article 118, the prisoner of war camp commander shall promptly modify the written internment order issued to the said
applicant of the appeal for review on the recognition of internment status.
(3) The modification to the written internment order pursuant to the provision of the preceding paragraph shall be made by attaching a copy of the written
determination to the said written internment order. In this case, Self-Defense
Forces personnel designated by the prisoner of war camp commander shall
show the modified written internment order to the said applicant of the appeal for review on the recognition of internment status.
(Return of documents and other objects)
Article 123 The Review Board shall, when it makes a determination, promptly return all documents and other objects submitted with regard to a case of an appeal to the persons who submit such objects.
(Correction of a written determination)
Article 124 (1) In the cases when there is a clerical error or any other clear error similar thereto in a written determination, the Review Board may make
corrections at any time upon a petition of the applicant of the appeal for review on the recognition of internment status or by its own authority.
(2) The Review Board shall, in the case it has made the corrections to the written
determination pursuant to the provision of the preceding paragraph,
supplementary note to such effect in the original written determination and
notify such effect to the applicant of the appeal for review on the recognition of internment status of the corrections.
Section 3 Procedures for Appeal for Application for Review on
Disciplinary Actions
(Appeal for application for review on disciplinary actions)
Article 125 A detainee may, when he/she is dissatisfied with the disciplinary
action pursuant to the provision of Article 48, appeal in writing, as provided for by an Ordinance of the Ministry of Defense, to the Review Board for
application for review on disciplinary actions.
(Suspension of disciplinary action, etc.)
Article 126 (1) An appeal for application for review on disciplinary actions shall not suspend the execution of the disciplinary action; provided, however, that
the Review Board may, when it finds necessity for the proceedings, suspend the
execution by its own authority.
(2) The Review Board may rescind the suspension of execution referred to in the
preceding paragraph at any time.
(3) The suspension of execution and the rescission of the suspension of execution shall be made by notifying the discipliner of the effect in writing accompanied with the reasons thereof.
(Method of Proceedings)
Article 127 The proceedings of an appeal for application for review on
disciplinary actions shall be conducted through examining documents; provided, however, that when the person who has appealed for an application for review
on disciplinary actions (hereinafter referred to as "applicant of the appeal for application for review on disciplinary actions") makes a petition, the Review Board shall give the person an opportunity to state his/her opinions.
(Date and place, etc. of the proceedings)
Article 128 (1) The Review Board shall, when it has the applicant of the appeal for application for review on disciplinary actions state his/her opinions
pursuant to the proviso prescribed in the preceding Article, or shall designate a date and place for the proceedings in which he/she or a witness is to be
questioned as provided for by the provision of paragraph (1) of Article 130. (2) The Review Board shall, when it designates the date and place for a
proceedings set forth in the preceding paragraph (limited to the proceedings
with regard to the applicant of the appeal for application for review on
disciplinary actions), notify them in advance to the applicant of the appeal for application for review on disciplinary actions and the prisoner of war camp commander.
(3) The prisoner of war camp commander shall summon the applicant of the
appeal for application for review on disciplinary actions to the place on the
date for proceedings he/she was notified as provided for by the provision of the preceding paragraph.
(4) The applicant of the appeal for application for review on disciplinary actions
may, in the case referred to in the preceding paragraph, appear together with an interpreter or other assistants with the permission of the Review Board.
(5) A proceedings referred to in the paragraph (1) shall not be open to public.
(Joint or separation of proceedings)
Article 129 The Review Board may, when it finds necessary, merge appeals for application for review on disciplinary actions, or separate merged appeals for application for review on disciplinary actions.
(Dispositions for Proceedings)
Article 130 (1) The Review Board may, if necessary to conduct the proceedings,
render the following dispositions upon a petition made by the applicant of the appeal for application for review on disciplinary actions or by its own
authority:
(i) Requesting the applicant of the appeal for application for review on
disciplinary actions or witness to appear to be examined, or obtaining his/her opinions or reports;
(ii) Requesting the submission of documents or other objects to the owner,
possessor, or custodian of the said subjects, or retaining submitted objects; (iii) Ordering expert testimony.
(2) The Review Board may cause a reviewer to render any disposition listed in item (i) of the preceding paragraph.
(Determination on the merits)
Article 131 The Review Board shall, when all proceedings have been completed, make a determination on merits which dismiss the appeal for application for review on disciplinary actions, or either rescinds or modifies the entirety or a
part of the disciplinary actions; provided, however, that the said disciplinary
actions may not be modified in a way detrimental to the applicant of the appeal for application for review on disciplinary actions.
(Measures to be taken as a result of the resolution)
Article 132 When a determination which either rescinds or modifies the entirety or a part of disciplinary actions listed in any item of the paragraph (1) of
Article 49 has been made, the prisoner of war camp commander shall, in the
manner set forth by the Minister of Defense, add the amount of the benefits for internment of prisoners of war, etc. reduced pursuant to said disciplinary
actions or take other measures in order to rectify the unjust result that the
applicant of the appeal for application for review on disciplinary actions has suffered.
(Application, mutatis mutandis, of procedures for an appeal for application for review on disciplinary actions)
Article 133 The provisions of paragraphs (2) to (4) of Article 106, Article 107,
Article 108, Article 110 and Article 112, paragraph (2) of Article 113, Articles
115 to 117, and Article 119, Article 120, Article 123 and Article 124 shall apply mutatis mutandis to an appeal for application for review on disciplinary
actions. In these cases, the term "the day on which the written order of
internment is shown as provided for by the provision of paragraph (2) of Article
19" in paragraph (2) of Article 106 shall be deemed to be replaced with "the day on which the disciplinary action is noticed as provided for by the provision of
paragraph (5) of Article 51"; the term "the recognition officer of internment
status or a prisoner of war camp commander", in paragraph (3) of Article 106
shall be deemed to be replaced with "the discipliner"; and the term "submitted to, or orally stated " in paragraph (4) of Article 106 shall be deemed to be
replaced with "submitted ".
Section 4 Miscellaneous Provisions
(Relationship between an appeal for review on the recognition of internment status and disciplinary actions, and Litigation)
Article 134 An action for rescinding the recognition of internment status or
disciplinary action pursuant to the provision of this Act shall not be filed until a ruling with regard to an appeal for review on the recognition of internment
status or an appeal for review on the disciplinary actions to said disposition of a matter has been determined by the Review Board.
(Delegation to Ordinance of the Ministry of Defense)
Article 135 In addition to what is provided for in this Chapter, Procedures for an appeal for review on the recognition of internment status and an appeal for
review on the disciplinary actions shall be as prescribed by an Ordinance of the
Ministry of Defense.
Chapter V Termination of Internment
Section 1 General Rules
(Reasons for the termination of internment)
Article 136 Internment of a detainee shall be terminated pursuant to the provisions set out in this Chapter in addition to his/her death or release pursuant to the paragraph (1) of Article 122.
Section 2 Repatriation Criteria
(Preparation of criteria)
Article 137 (1) Upon armed attack situations, the Minister of Defense shall
prepare the following criteria for the repatriation of prisoners of war, medical personnel, and chaplains in armed attack situations without delay:
(i) Criterion for the recognition of serious wounds or sickness (i.e. criteria for
recognizing whether prisoners of war, medical personnel, or chaplains in
captivity are seriously wounded or sick persons subject to repatriation (who fall under any of item (1) to (3) of paragraph 1 of Article 110 of the Third Convention and are fit to transfer; the same shall apply hereinafter));
(ii) Criteria for the repatriation of medical personnel (i.e. criteria for ceiling on
the number of medical personnel who may be retained in accordance with the number of detainees and for ceiling on the number of those who may be
retained in accordance with the classification of their duties, and for the
repatriation of medical personnel in cases where these ceilings are exceeded, and for the repatriation of retained medical personnel in conjunction with
relief thereof; the same shall apply hereinafter);
(iii) Criteria for the repatriation of chaplains (i.e. criteria for ceiling on the number of chaplains who may be retained in accordance with the number of detainees and for ceiling on the number of those who may be retained in
accordance with the classification of their duties, and for the repatriation of
chaplains in cases where these ceilings are exceeded; the same shall apply hereinafter).
(2) After the end of armed attack situations, the Minister of Defense shall
promptly prepare the order of detainees who are to be issued the written
repatriation order, places where detainees are to be delivered to (hereinafter referred to as "place of repatriation"), means of transportation to the place of repatriation, contents of personal effects to be carried with them at the time of repatriation and other criteria necessary for the implementation of
repatriation (hereinafter referred to as "criteria for repatriation at the end of
armed attack").
(3) In addition to what is provided in the preceding two paragraphs, the Minister of Defense may prepare the following criteria for the repatriation of prisoners
of war in armed attack situations:
(i) Criteria for repatriation for release on parole (i.e. criteria for repatriation for the purpose of release on parole or promise prescribed in paragraph 2 of Article 21 of the Third Convention; the same shall apply hereinafter);
(ii) Criteria for repatriation for the exchange, etc. of prisoners of war (i.e.
criteria for the repatriation for exchanging prisoners of war with foreign
governments and others equivalent thereto to which the enemy armed forces belong, and for the repatriation of prisoners of war who are considered no
longer need to be interned in consideration of the defense of Japan; the same shall apply hereinafter).
(4) In addition to what is provided in the preceding three paragraphs, the
Minister of Defense may, upon armed attack situations, prepare criteria
(hereinafter referred to as "criteria for the outgoing transfer") for the transfer of prisoners of war to a contracting party of the Third Convention not engaged in the armed attack (hereinafter referred to as "outgoing transfer") in order to take any of the measures set out under the following item:
(i) Outgoing Transfer to such contracting party pursuant to paragraph 2 of
Article 12 of the Third Convention;
(ii) Accommodation or internment in such contracting party, pursuant to
paragraph 2 of Article 109 of the Third Convention.
(5) When the Minister of Defense has prepared criteria for recognition of a serious wound or sickness, repatriation of medical personnel, repatriation of
chaplains, repatriation at the end of armed attack, repatriation for release on
parole, repatriation in conjunction with an exchange, etc. of prisoners of war or
the outgoing transfer (hereinafter referred to as "criteria for repatriation, etc."), he/she shall promptly notify the prisoner of war camp commander of the
criteria for repatriation, etc.
(6) The criteria for repatriation, etc. shall be compliance with the contents of the
Third Convention and other international agreements.
(Exchange of documents, etc.)
Article 138 The Minister of Foreign Affairs shall forward and receive documents and notices between Japan and a foreign government or its equivalent required for preparation of the criteria for repatriation, etc.; provided, however, the Minister of Defense shall forward and receive the above-mentioned documents
if the Minister of Foreign Affairs agrees in cases of emergency or other extraordinary circumstances.
(Repatriation of seriously wounded or sick prisoners of war, etc.)
Article 139 (1) In armed attack situations, the prisoner of war camp commander shall, when he/she finds any of prisoners of war, medical personnel or
chaplains interned in the prisoner of war camp fall to a seriously wounded or sick person subject to repatriation, promptly notify said person of that effect and of that he/she is to be repatriated his/her consent to the repatriation.
(2) When the person receiving the notice set forth in the preceding paragraph consents to his/her repatriation as provided for by an Ordinance of the
Ministry of Defense, the prisoner of war camp commander shall promptly issue the written repatriation order pursuant to the provision of Article 143.
(3) The Minister of Defense shall promptly specify the necessary matters, for the
person to whom the written repatriation order is to be issued as provided for by the provision of the preceding paragraph, such as the place of repatriation, means of transportation to the place of repatriation, and a breakdown of
personal effects to be carried with them at the time of repatriation.
(4) In the cases referred to in paragraph (1), the recognition of whether or not a detainee falls a seriously wounded or sick person subject to repatriation shall be subject to examination by members of mixed medical commissions as
prescribed in Article 168.
(5) The prisoners' representatives may, when he/she finds that any of prisoners
of war, medical personnel or chaplains among those interests he/she represents falls a seriously wounded or sick person subject to repatriation, request the
prisoner of war camp commander to have members of mixed medical commissions to examine such persons.
(6) When a request is made pursuant to the provision of the preceding paragraph, the prisoner of war camp commander shall request members of mixed medical commissions for an examination of the person prescribed in the preceding
paragraph.
(Repatriation of medical personnel and chaplains in armed attack situations)
Article 140 (1) In armed attack situations, the prisoner of war camp commander shall, when he/she finds that the number of retained medical personnel exceeds the ceiling set by the criteria for the repatriation of medical personnel,
promptly issue a written repatriation order pursuant the provision of Article
143 for the excess number of medical personnel in accordance with said criteria for the repatriation of medical personnel.
(2) In armed attack situations, the prisoner of war camp commander shall, when
the written internment order are issued to the persons entering Japan to
perform their duties as relief of the retained medical personnel (referred to as "relief personnel" in the following paragraph) pursuant to the provision of the same paragraph, promptly issue the written repatriation order pursuant to the provision of Article 143, in accordance with the criteria for repatriation of
medical personnel, to the same number of retained medical personnel as the
number of those receiving the written internment orders.
(3) The recognition officer of internment status may, when he/she finds that
relief personnel set forth in the preceding paragraph fall to persons subject to internment (limited to persons prescribed in item (v) of paragraph (4) of Article
3) in the manner set forth by the Minister of Defense, issue the written internment order as governed by the provisions of Article 16 even without taking them in custody pursuant to the provision of Article 4.
(4) The provision of paragraph (1) shall apply mutatis mutandis to chaplains.
(Repatriation after the end of armed attack situations)
Article 141 (1) The prisoner of war camp commander shall prepare a draft of a plan concerning the implementation of repatriation (hereinafter referred to as "implementing plan of repatriation") and obtain approval from the Minister of Defense without delay when he/she receives notification of the criteria for
repatriation at the end of armed attack pursuant to the provision of paragraph
(5) of Article 137. The same shall apply to the cases of changing the implementing plan of repatriation.
(2) The prisoner of war camp commander shall promptly issue the written
repatriation orders pursuant to the provision of Article 143 to the detainees falling to the requirements to be provided for by implementing plan of
repatriation set forth in the preceding paragraph.
(Repatriation for release on parole and repatriation in conjunction with the exchange, etc. of prisoners of war)
Article 142 The prisoner of war camp commander shall, when he/she receives the notification of the criteria for repatriation for release on parole or criteria for repatriation in conjunction with the exchange, etc. of prisoners of war pursuant to the provision of paragraph (5) of Article 137, promptly issue the written
repatriation orders pursuant to the provision of the following Article to
prisoners of war falling to the requirements to be repatriated in accordance with these criteria.
Section 3 Implementation of Repatriation, etc. (Form of written repatriation order)
Article 143 In the written repatriation order issued pursuant to the provision of
paragraph (2) of Article 139, paragraph (1) (including the cases where applied mutatis mutandis pursuant to paragraph (4)) or paragraph (2) of Article 140,
paragraph (2) of Article 141, or the preceding Article, the following matters
shall be entered and the prisoner of war camp commander shall affix his/her name and seal thereon:
(i) Name, rank, etc., date of birth, identification card number, etc., of the detainee to be repatriated;
(ii) Nationality;
(iii) Reasons for repatriation; (iv) The place of repatriation;
(v) Means of transportation to the place of repatriation and other methods of
execution;
(vi) Date of issuance;
(vii) Other matters provided for by an Ordinance of the Ministry of Defense.
(Execution of written repatriation order)
Article 144 (1) A Self-Defense Forces personnel assigned to the prisoner of war
camp or other Self-Defense Forces personnel shall execute written repatriation orders in the manner set forth by the Minister of Defense.
(2) In executing the written repatriation orders pursuant to the provision of the
preceding paragraph, Self-Defense Forces personnel set forth in the preceding paragraph shall show the written repatriation order or copy thereof to a
detainee to be repatriated and promptly delivery the detainee to the
representative of the foreign government or its equivalent to which the enemy armed forces belong (when an organization other than a foreign government or
its equivalent is designated as the method of execution prescribed in item (v) of the same Article, the said organization) at the place of repatriation prescribed in item (iv) of the preceding Article.
(Change of the method of repatriation)
Article 145 (1) In the cases of changes of condition of the detainees to whom the written repatriation order is issued, suspension of transportation available to
the place of repatriation or any other circumstance, which make it difficult to repatriate him/her in accordance with the method of repatriation described in the written repatriation order, the Self-Defense Forces personnel in executing the written repatriation order shall immediately report to the prisoner of war camp commander thereof.
(2) The prisoner of war camp commander receiving the report set forth in the
preceding paragraph shall promptly change the place of repatriation or means
of transportation means and/or take any other necessary measures. In this case, the prisoners of war camp commander shall, if necessary, modify the contents
of the written repatriation order.
(Special provisions for repatriation)
Article 146 (1) When a detainee to whom the written repatriation order has been issued falls a person listed in item (ii), (vi), or (viii) of paragraph (4) of Article 3 and has a nationality of a foreign state other than the states to which the
enemy armed forces belong, the Minister of Defense may, upon his/her request, permit the person to leave Japan for the state of his/her nationality or
citizenship.
(2) With regards to the person permitted to leave Japan pursuant to the
provision of the preceding paragraph, the written repatriation order shall be
deemed to have been executed at the time of his/her leaving Japan as provided for by an Ordinance of the Ministry of Defense.
(Outgoing Transfer)
Article 147 (1) The prisoner of war camp commander may, in the cases of
receiving the notification of criteria for the outgoing transfer pursuant to the provision of paragraph (5) of Article 137, conduct outgoing transfer of the
person found to fall to a prisoner of war to be subject of outgoing transfer in accordance with said criteria for the outgoing transfer.
(2) When a prisoner of war is delivered as outgoing transfer to the authority of a contracting party of the Third Convention specified by the criteria for outgoing transfer pursuant to the provision of the preceding paragraph, the written
internment order for the person shall cease to have effect at the time of the
delivery.
Section 4 Miscellaneous Provisions
(Notification to prisoners' representatives and detainees)
Article 148 (1) In cases where receiving a notice about the criteria for
repatriation, etc. pursuant to the provision of paragraph (5) of Article 137, the prisoner of war camp commander shall promptly notify this to the prisoners'
representative.
(2) In cases that the prisoner of war camp commander prepares or changes the
implementing plan of repatriation pursuant to the provision of paragraph (1) of
Article 141, he/she shall notify this to prisoners' representatives.
(3) The prisoner of war camp commander shall notify prisoners of war
representatives of the results of repatriations and outgoing transfers as provided for by an Ordinance of the Ministry of Defense.
(4) The prisoner of war camp commander shall take measures necessary to bring
the implementing plan of repatriation and the results of repatriation to the knowledge of detainees, as provided for by an Ordinance of the Ministry of Defense.
(Release by order of the Minister of Defense)
Article 149 (1) The Minister of Defense may, when he/she find that there are some extraordinary circumstance under which it would be extremely
detrimental for a detainee, who was issued a written repatriation order, to be repatriated pursuant to the implementing plan of repatriation, order the
prisoner of war camp commander to release said detainee.
(2) In the case where a detainee is released as provided for by the provision of
the preceding paragraph, the written repatriation order for said detainee shall cease to have effect.
(Rescission of internment)
Article 150 In the cases where the repatriation, etc. (i.e. termination of
internment pursuant to the repatriation and other reasons; the same shall
apply in the following Article) of all detainees except those who are in custody pursuant to the provisions of laws and regulations relating to criminal or
juvenile cases (hereinafter in this Article referred to as "detained persons for criminal cases, etc."), the Minister of Defense may order the prisoner of war
camp commander to rescind the internment pursuant to the written
internment order which has been issued to said detained persons for criminal cases, etc.
(Treatment of fugitive)
Article 151 When a detainee who has escaped from a prisoner of war camp is yet to be re-captured as provided for by the provision of Article 161 at the time of completion of repatriation, etc. set forth in the preceding Article, the written
internment order issued to said detainee shall cease to be effective on the day of completion of repatriation, etc.
Chapter VI Auxiliary Provisions
Section 1 Use of Weapons
Article 152 (1) A SDF personnel under Operations may, in cases of the capture pursuant to the provision of the Article 4, use his/her weapons within the
limits judged to be reasonably necessary according to the circumstances.
However, he/she shall not injure a person except in any of the following cases: (i) The case falls under Article 36 or 37 of the Penal Code (Act No.45 of 1907)
applies;
(ii) The person himself/herself attempts to resist the SDF personnel under
Operations executing his/her duties with respect to such person, or to intend to escape, or a third person resists the SDF personnel under Operations in
an attempt to let the said person escape, and the SDF personnel under
Operations has reasonable grounds to believe that there are no alternative means to prevent such resistance or escape.
(2) A Self-Defense Forces Personnel engaging in the duties to enforce written
internment orders, provisional detention orders or repatriation orders, to re-
capture pursuant to a written internment order or a written repatriation order, to capture, detain, escort or repatriate the captive persons or the detainees, or to guard the facilities for internment or detention of such persons, (hereinafter referred to as "Self-Defense Forces Personnel guarding prisoners of war, etc."), may use their weapons with respect to execution of his/her duties within the
limits judged to be reasonably necessary according to the circumstances.
However, they shall not injure a person except in any of the following cases. (i) The case falls under Article 36 or 37 of the Penal Code.
(ii) The person himself/herself attempts to resist the Self-Defense Forces
Personnel guarding prisoners of war, etc. executing his/her duties with
respect to such person, or to intend to escape, or a third person resists the
Self-Defense Forces Personnel guarding prisoners of war, etc. in an attempt
to let the said person escape, and the Self-Defense Forces Personnel guarding prisoners of war, etc. has reasonable grounds to believe that there are no
alternative means to prevent such resistance or escape.
Section 2 Retention
(Retention on Self-Defense Forces units, etc.)
Article 153 (1) In the cases where a designated unit commander or a recognition officer of internment status has taken delivery of a captive person pursuant to paragraph (1) or (2) of Article 6 or paragraph (4) of Article 9, the said
commander or the said officer may retain the cash and articles (hereinafter referred to as "cash and articles")the captive person carries at the time of his/her delivery; provided, however, that such articles set forth hereunder shall not be retained:
(i) Articles exclusively for the personal protection, such as metal helmets and
gas masks;
(ii) Uniforms, identification cards, rank badges and other badges of status or position, decorations and other badges indicative of achievements;
(iii) Personal articles provided by an Ordinance of the Ministry of Defense in addition to what is listed in the preceding two items.
(2) In cases of retaining the cash and articles pursuant to the provision of the
preceding paragraph, a receipt shall be issued to the person who has taken delivered as prescribed in the preceding paragraph; provided, however, that this shall not apply to retained arms, etc. (i.e. arms and other equipments (except for articles listed in item (i) of the same paragraph), and military
documents; the same shall apply hereinafter) among articles which have been retained.
(3) The designated unit commanders or the recognition officers of internment
status may destroy detained arms, etc., retained pursuant to the provision of paragraph (1) at any time during their retention.
(4) In cases of releasing a captive person pursuant to the provision of paragraph (3) of Article 9, paragraph (3) of Article 13, or paragraph (2) of Article 17, the designated unit commanders or the recognition officers of internment status
shall return the cash and articles under retention to the captive person.
(Retention at a prisoner of war camp)
Article 154 (1) The prisoner of war camp commander shall retain the cash and
articles that a detainee carries at the time of internment, that are provided to the detainee with the permission pursuant to the provision of the following
Article (excluding those listed in item (2) or (3) of paragraph (1) of the
preceding Article) and other obtained while in a detention; provided, however, that in cases where the article falls under any of the cases set out under the following items, the prisoner of war camp commander does not have to retain
it:
(i) Cases where the article involves inconvenience in keeping in custody; (ii) Cases where the article is likely to be decomposed or perish;
(iii) Cases where the article is likely to cause danger;
(iv) Cases where the article has no value.
(2) The provision of paragraph (2) of the preceding Article shall apply mutatis
mutandis to the cases where the cash and articles are retained as provided for by the provision of the preceding paragraph.
(3) The prisoner of war camp commander shall prepare and keep a copy of the receipt issued pursuant to the provision of paragraph (2) of the preceding
Article as applied mutatis mutandis pursuant to the preceding paragraph.
(4) A detainee may consult, or the delegates of the Protecting Power may inspect, pursuant to an Ordinance of the Ministry of Defense, the copy of the receipt
prescribed in the preceding paragraph.
(5) The prisoner of war camp commander may destroy retained arms, etc.,
pursuant to the provision of paragraph (1) at any time during his/her retention. (6) In the cases where a detainee does not make any appropriate dispositions on
any of the articles that fall under any item of the paragraph (1) such as
delivery of the article to a person other than the detainee, the prisoner of war camp commander shall dispose of it by sale and retain the proceeds. However, the prisoner of war camp commander may destroy the articles if it is
unsaleable.
(7) In the cases where the articles shall be retained as provided for by the
provision of paragraph (1), if there is a risk of causing a hindrance, due to
extraordinary quantity of the detainee's articles, to the proper management of the other detainees' articles at the prisoner of war camp, the prisoner of war camp commander may decide not to retain them in whole or in part,
notwithstanding the provision of the same paragraph.
(8) The provision of paragraph (6) shall apply mutatis mutandis to an article which is not to be retained as provided for by the provision of the preceding paragraph.
(Handling of Articles from Outside)
Article 155 (1) The prisoner of war camp commander or staff member of the prisoner of war camp designated by the commander may, pursuant to an
Ordinance of the Ministry of Defense, examine the cash and articles that a
person other than the detainee brought or sent to the prisoner of war camp in order to deliver to the detainee.
(2) In the cases that the cash and articles examined pursuant to the provision of the preceding paragraph falls under any of the articles set out of the items of Article 59 or cash, the prisoner of war camp commander shall permit the
detainee to be delivered them; provided, however, that this shall not apply in cases where any of the articles or cash falls under any of the cases set out of
the following items:
(i) Cases where the articles are not retained as provided for by the provision of
proviso of paragraph (1), or paragraph (7) of the preceding Article;
(ii) Cases where the permission to deliver the cash and articles is likely to disrupt discipline and order in the prisoners of war camp.
(3) The person who brought or sent the cash and articles shall be notified and be requested to retrieve the article which the detainee is not permitted, pursuant to the provision of the preceding paragraph, or refuses, to be delivered.
(4) In cases where it is unfeasible to make a person, who shall retrieve the cash
and article set forth in the preceding paragraph, to do so because his/her whereabouts are known or any other reasons, the prisoner of war camp
commander may destroy the cash and articles except for cash.
(5) Provisions of paragraphs (1) and (2) of Article 499 of the Code of Criminal
Procedure (Act No.131 of 1948) shall apply mutatis mutandis to a case where it is unfeasible to make a person retrieve cash as prescribed in the preceding
paragraph. In this case, the term "public prosecutor," in paragraph (1) of the said Article of the same act, shall be deemed to be replaced with the term "a prisoner of war camp commander" throughout this Article.
(Use of retained cash)
Article 156 In cases where a detainee claims to expend cash being retained in order to purchase articles that the detainee has been permitted to use or
consume as provided for by the provision of Article 59, the prisoner of war
camp commander shall release, and permit him/her to expend, the necessary amount of cash being retained to purchase the articles.
(Delivery of retained articles)
Article 157 The prisoner of war camp commander shall return the cash and
articles under retention (except for arms, etc. being retained; the same applies to the following Article) to the detainee in cases when a detainee falls under any cases set out of the following items:
(i) Cases where a detainee is repatriated as provided for by the provision of
Article 144;
(ii) Cases where a detainee leaves with permission as provided for by the provision of Article 146;
(iii) Cases where a detainee is transferred as provided for by the provision of
Article 147;
(iv) Cases where a detainee is released as provided for by the provision of
Article 149.
(Property left by the deceased persons, etc.)
Article 158 In the cases of decease of a captive person or a detainee, or in other cases prescribed by an Ordinance of the Ministry of Defense, if cash or the
articles under retention have been left by the captive person or the detainee,
they shall be returned pursuant to the said Ordinance; provided, however, that when the article is likely to be decomposed or perish, or have no value, they may be disposed of.
(Attribution of retained arms, etc.)
Article 159 In cases that arms, etc. being retained have not been destroyed by
the end of armed attack situations, they shall vest in the national treasury on the same day.
(Delegation to Ordinance of the Ministry of Defense)
Article 160 In addition to what is provided for in this Section, the matters necessary for retention shall be prescribed by an Ordinance of the Ministry of Defense.
Section 3 Measures in case of Escape
(Re-capture of prisoners of war, etc. at large)
Article 161 In the cases where a detained person pursuant to a written
internment order or a repatriation order (hereafter referred to as "the written orders" in this section) has escaped, Self-Defense Forces personnel guarding
prisoners of war, etc. may re-capture the person at large (hereinafter referred to as "prisoners of war, etc. at large" in this Section) pursuant to the written Orders.
(Procedures for re-capture)
Article 162 (1) A Self-Defense Forces personnel guarding prisoners of war, etc.
shall, in the cases where he/she re-captures as provided for by the provision of the preceding paragraph, show the written orders to the prisoners of war, etc. at large.
(2) In the cases of emergency, a Self-Defense Force personnel guarding prisoner
of war, etc. may, even when the written orders cannot be shown to the prisoner of war, etc. at large because he/she is not in possession of the written orders,
re-capture such prisoner of war, etc. at large, notwithstanding the provision of
the preceding paragraph, by informing such a prisoner of war, etc. at large that he/she re-captured such a prisoner of war, etc. at large pursuant to the written orders. However, the written orders shall be shown to such person as soon as
possible.
(Request for investigation and reporting necessary for re-capture)
Article 163 (1) A Self-Defense Forces personnel guarding prisoners of war, etc.
may conduct necessary investigations necessary in order to accomplish the re- capture of prisoners of war, etc. at large.
(2) A Self-Defense Forces personnel guarding prisoners of war, etc. may make
requests to public offices or public or private organizations for information on necessary matters relating to the re-capture of prisoners of war, etc. at large.
(Entrance to a land, etc.)
Article 164 (1) A Self-Defense Forces personnel guarding prisoners of war, etc. may, if he/she finds that there are reasonable grounds to suspect that prisoners of war, etc. at large are on a parcel of land or in a building (hereinafter
referred to as "premises"), enter such premises, or ask some questions to the owner, possessor or administrator of the premises or request such person to
present documents with regard to the re-capture of such prisoners of war, etc. at large.
(2) In cases of entrance into a building, a cartilage, or a piece of land confined by
an enclosure or fences pursuant to the provision of the preceding paragraph, its owner, possessor, or administrator shall be notified of the entry in advance.
(3) A Self-Defense Forces personnel guarding prisoners of war, etc. may, in cases
when a prisoners of war, etc. at large, to whom such Self-Defense Forces personnel guarding prisoners of war, etc. is pursuit, has entered premises, enter the site (except for residences) within the extent deemed reasonably
necessary if he/she finds that inevitable in order to re-capture such prisoners of
war, etc. at large.
(4) No one shall refuse the entry prescribed in the provision of the paragraph (1)
or the preceding paragraph without justifiable grounds.
(Carrying an identification card)
Article 165 A Self-Defense Forces personnel guarding prisoners of war, etc. may carry his/her certificate of identification with him/her and produce it upon
request to the person concerned when he/she enters a premises, etc., asks some
questions, or requests to present the documents pursuant to the provision of paragraph (1) of the preceding Article, or enters a premises, etc. pursuant to the provision of paragraph (3) of the same Article.
(Interpretation of authority)
Article 166 The authority of the Self-Defense Forces personnel guarding
prisoners of war, etc. pursuant to the provisions of paragraphs (1) and (3) of
Article 164 shall not be construed as approved for the purposes of the criminal investigation.
Section 4 Handling of Information on Prisoners of War and other
detainees
Article 167 (1) The recognition officer of internment status shall, in the manner set forth by the Minister of Defense, periodically report to the Minister of
Defense on captive persons in his/her custody.
(2) The prisoner of war camp commanders shall, as provided for by the Minister of Defense, periodically report to the Minister of Defense on the situation and state of the detainees at the prisoner of war camp.
(3) In addition to what is provided in the preceding paragraph, the handling of
information with regards to detainees at a prisoner of war camp shall be provided for by an Ordinance of the Ministry of Defense.
Section 5 Member of Mixed Medical Commissions
(Designation of member of mixed medical commissions)
Article 168 (1) In armed attack situation, the Minister of Defense shall designate one Self-Defense Forces personnel who is a physician, and two
foreigners who correspond the medical practitioner in foreign country and are
recommended by the designated Red Cross international organization
(hereinafter referred to as "foreign member of mixed medical commissions") as those who (hereinafter referred to as "member of mixed medical commissions") make necessary recommendations and take other necessary measures over the medical treatment of interned persons, and make diagnoses pertaining to
recognition of seriously wounded or sick persons subject to repatriation
prescribed in item (i) of paragraph (1) of Article 137.
(2) In cases of being impossible to designate foreign member of mixed medical commissions due to compelling reasons, the Minister of Defense shall instead designate medical practitioner recommended by the Japanese Red Cross as the member of mixed medical commissions.
(Medical practices of the foreign member of mixed medical commissions)
Article 169 (1) The foreign member of mixed medical commissions may conduct medical practices for detainees notwithstanding the provision of Article 17 of
the Medical Practitioners Act.
(2) The provisions of Articles 20 and 24 of the Medical Practitioners Act shall apply mutatis mutandis to the foreign member of mixed medical commissions.
(Obligation of confidentiality)
Article 170 The foreign member of mixed medical commissions shall not disclose any confidential information of any person he/she comes to know in the course of practice, unless he/she has justifiable grounds. The same shall apply after
the foreign member of mixed medical commissions leaves his/her profession.
Section 6 Measures in case of Death
Article 171 (1) In the cases where a captive person has died in his/her custody
(except for the cases when he/she has died at a prisoner of war camp), the
provisions of Article 4 and paragraph (1) of Article 5 of the Act on Graveyards, Burial Services, etc. (Act No.48 of 1948) shall not apply to the burial and cremation of the corpses of such persons.
(2) In addition to what is provided in the preceding paragraph, the measures to
be taken in the cases where a captive person or detainee has died shall be provided by an Ordinance of the Ministry of Defense.
Section 7 Standards for Facilities
Article 172 (1) The Minister of Defense shall formulate guidelines to set up the partitions or to establish facilities necessary to detain the captive persons
during the implementation of procedures prescribed in Section 2, requirements
for the measures taken to secure safety at such partitions or facilities, and
other standards with regard to the matters necessary for the control over the captive persons.
(2) The Minister of Defense shall formulate standards for the establishment of facilities of a prisoner of war camp to accommodate detainees.
Section 8 Special Provisions, etc.
(Provision of food, etc. for captive persons)
Article 173 (1) The commanding officers in Self-Defense Forces units may
provide meals free of charge for captive persons pursuant to the example of
SDF personnel under operation.
(2) Captive persons may receive necessary medical treatment in accordance with their physical or mental condition, pursuant to the example of SDF personnel under operation, at Self-Defense Forces hospitals (i.e. hospitals prescribed in
Article 27 of the Self-Defense Forces Act) designated by the recognition officer
of internment status controlling the said captive persons or at Self-Defense
Forces units conducting medical treatment or care operations prescribed by an
Ordinance of the Ministry of Defense are performed.
(Special measures for handling narcotics, etc.)
Article 174 (1) Notwithstanding the provision of paragraph (1) of Article 24 of the Narcotics and Psychotropic Substances Control Act (Act No.14 of 1953),
prisoners of war, medical personnel, and chaplains may assign narcotics (i.e. except narcotics prescribed in paragraphs (1) and (2) of Article 12 of the Act among the narcotics prescribed in paragraph (1) of Article 2 of the Act; the same shall apply hereinafter) to the establisher of a narcotics treatment
facility (hereinafter referred to as "Self-Defense Forces narcotics treatment facility") prescribed in item (xxii) of Article 2 of the Act among Self-Defense Forces hospitals, etc.
(2) Notwithstanding the provision of paragraph (3) of Article 26 under the
Narcotics and Psychotropic Substances Control Act, the establisher of the Self- Defense Forces narcotics treatment facility may transfer narcotics from
prisoners of war, medical personnel and chaplains.
(3) In conducting medical or dental services at a Self-Defense Forces narcotics
treatment facility, the medical personnel, etc. correspondent to physicians or
medical personnel, etc. correspondent to dentist shall be deemed to be narcotics dispensers prescribed in items (ii) and (iii) of paragraph (1) of Article 24, item (i) of paragraph (1) and paragraph (2) of Article 26, paragraphs (1) to (3) of
Article 27, paragraphs (4) (exclusive of the proviso) and (6) of Article 27,
paragraphs (1) to (2) of Article 28, paragraph (3) of Article 33 and Article 41 of the Narcotics and Psychotropic Substances Control Act and they shall be
deemed to be narcotics handlers prescribed in paragraph (1) of Article 28 and paragraph (1) of Article 50-38 of the Act when these provisions are applied in conducting medical or dental services at a Self-Defense Forces narcotics
treatment facility. In this case, the term "license number" in paragraph (6) of Article 27 of the Narcotics and Psychotropic Substances Control Act shall be replaced with the term "identification card number".
(4) Notwithstanding the provision of paragraph (1) of Article 50-16 of the
Narcotics and Psychotropic Substances Control Act, prisoners of war, medical personnel and chaplains may transfer psychotropic substances (i.e. the
psychotropic substances prescribed in paragraph (6) of Article 2 of the same
Act. The same shall apply in paragraph (1) of Article 176.) to the establisher of
Self-Defense Forces hospitals, etc.
Article 175 (1) Notwithstanding the provision of paragraph (3) of Article 17 of the Stimulant Control Act (Act No.252 of 1951), prisoners of war, medical
personnel and chaplains may transfer stimulants to the stimulant dispensing organization (referred to as "Self-Defense Forces stimulant dispensing
organization") designated among Self-Defense Forces hospitals, etc. pursuant to the provision of paragraph (1) of Article 3 of the Act.
(2) Notwithstanding the provision of paragraph (2) of Article 17 of the Stimulant
Control Act, the Self-Defense Forces stimulant dispensing organization may transfer stimulants from prisoners of war, medical personnel and chaplains.
(3) In case of the preceding two paragraphs, the provision of paragraph (1) of
Article 18 of the Stimulant Control Act shall not apply.
(4) Notwithstanding the provision of Article 30-9 of the Stimulant Control Act,
prisoners of war, medical personnel and chaplains may transfer raw materials for stimulants used for medical purposes to the establisher of Self-Defense
Forces hospitals, etc.
(5) Notwithstanding the provision of Article 30-9 of the Stimulant Control Act, the establisher of Self-Defense Forces hospitals, etc. may transfer raw
materials for stimulants used for medical purposes from prisoners of war,
medical personnel and chaplains.
(6) In case of the preceding two paragraphs, the provision of paragraph (1) of
Article 30-10 of the Stimulant Control Act shall not apply.
(7) When the medical personnel, etc. correspondent to physicians or the medical personnel, etc. correspondent to dentists, or the medical personnel, etc.
correspondent to pharmacists are conducting medical services or dental
services, or pharmaceutical services at the Self-Defense Forces hospitals, etc., the said medical personnel, etc. correspondent to physicians shall be deemed to be physicians prescribed in paragraph (1) and item (i) and item (iii) of
paragraph (2) of Article 14, paragraph (3) of Article 17, item (ii) and item (iv) of
Article 19, paragraphs (1) to (4) of Article 20, item (viii), item (xi) and (xii) of Article 30-7, item (iii) of Article 30-9, item (iii) of Article 30-11 and paragraph (1) of Article 32 of the Stimulant Control Act and the said medical personnel,
etc. correspondent to dentists shall be deemed to be dentists prescribed in item (viii), item (xi) and (xii) of Article 30-7, item (iii) of Article 30-9 and item (iii) of Article 30-7 of the Act and the said medical personnel, etc. correspondent to
pharmacists shall be deemed to be pharmacists prescribed in item (viii) and
item (xii) of Article 30-7, item (iii) of Article 30-9 and item (iii) of Article 30-11 of the Act.
Article 176 (1) Notwithstanding the provisions of paragraph (1) of Article 13 or
Article 50-8 of the Narcotics and Psychotropic Substances Control Act, or
Article 13 or paragraph (1) of Article 30-6 of the Stimulant Control Act, the person designated by the Minister of Defense among the medical personnel
given the written internment orders pursuant to the provision of paragraph (3)
of Article 140 (hereinafter referred to as "designated medical personnel") may import narcotics, psychotropic substances, stimulants or raw materials for
stimulants used for medical purposes, pursuant to what is designated based on consultation on the following items between the Minister of Defense and the
Minister of Health, Labor and Welfare.
(i) Names of imported products and their quantity;
(ii) Name, rank, etc., identification card number, etc. of the designated medical
personnel;
(iii) Day of import;
(iv) Transportation method;
(v) Name of the import harbor.
(2) In case of designating pursuant to the provision of the preceding paragraph,
the Minister of Defense shall immediately notify the matters pertaining to the designation to the Minister of Finance.
(Special provision within the Customs Act)
Article 177 The Directors-General of Custom-Houses shall exempt the fee to be
paid, by a person who has obtained permission of paragraph (2) of Article 69 of the Customs Act (Act No.61 of 1954) pursuant to the provision of item (iii) of
Article 100 of the same Act, for the freight deemed to be a donation for relief prescribed in item (iii) of paragraph (1) of Article 15 of the Appendix of the
Customs Tariff Act (Act No.54 of 1910) that is sent to a detainee.
(Special provisions within the Immigration Act)
Article 178 (1) The provision of paragraph (1) of Article 63 of the Immigration
Act shall be applied mutatis mutandis to a case where the proceedings for the internment of a foreigner who falls under any of the items of Article 24 of the Immigration Act (exclusive of items (i) and (ii)) is conducted based on the
written internment order at a prisoner of war camp.
(2) When a deportation order prescribed in Article 51 of the Immigration Act has been already issued to a detainee who had been repatriated pursuant to the
provision of Article 144 or who had been allowed to leave Japan pursuant to
the provision of Article 146, or who had been transferred out of Japan pursuant to the provision of Article 147, the said detainees shall be deemed to have been deported from Japan through the deportation order on the application of items
(v)-(b), (ix), and (x) of paragraph (1) of Article 5 of the Act.
(Exclusion of the application of the Administrative Procedure Act)
Article 179 The provisions from Chapter II to Chapter IV of the Administrative
Procedure Act (Act No. 88 of 1993) shall not apply to actions to be taken pursuant to this Act.
(Limitation of appeal to be filed pursuant to the Administrative Complaint
Review Act)
Article 180 No appeal relating to the actions to be taken pursuant to the
provisions of this Act may be filed pursuant to the Administrative Complaint
Review Act (Act No.160 of 1962).
(Relationship with criminal cases, etc.)
Article 181 (1) Captive persons or detainees shall not be prevented from being detained pursuant to the provisions of the laws and regulations on criminal
cases or cases of juvenile protection.
(2) The prisoner of war camp commander shall cooperate in case a detainee attends court proceedings for a criminal case if necessary.
(Contact and cooperation with the relevant organizations)
Article 182 In a case where Self-Defense Forces personnel takes actions of
internment and deportation of a detainee or captive person and other measures pursuant to the provisions of this Act, police organizations, immigration
organizations and other national or local public organizations which have a
relationship with Self-Defense Forces personnel shall keep in close contact and cooperate with him/her.
Chapter VII Penal Provisions
Article 183 (1) A person who has violated the provisions of Article 38 and Article
170 and discloses any confidential information of any person he/she comes to know in the course of practice shall be punished by imprisonment with work for not more than six months or a fine of not more than 100,000 yen.
(2) The offenses prescribed in the preceding paragraph may not be prosecuted
without a complaint.
Supplementary Provision [Extract] (Effective date)
Article 1 This Act shall come into effect as from the day on which the First
Additional Protocol comes into effect in Japan.