111th session, (7 – 25 July 2014)

Failure to Prosecute and Punish the Responsible

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Failure to Prosecute and Punish the Responsible

  1. In 1994, victims of Japanese Military “comfort women” system submitted a criminal complaint to the Tokyo District Public Prosecutors Office to seek criminal investigation and prosecution of the people in charge of “comfort women” system. However, the Japanese Prosecutors refused to even accept the complaint on the following legal technical grounds: i) the statue of limitation had run; ii) the names of the perpetrators are unidentified; iii) the facts of damage are unidentified; and iv) there are no applicable punishment clauses in Japan’s domestic law. Since then, there had been no efforts from Japanese government to prosecute and punish the responsible officials. This kind of non-fulfillment is against the international law and international principle of human rights, and an obvious evidence that causes hardship to fundamental resolution of the issues and that blocks remedy measures for the victims. In addition, this will develop into an impunity practice that consolidates legal and systemic obstacles against the historical justice and elimination of violence against women.

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