Japan's Supreme Court has instructed lower courts to remove handcuffs and shackles from defendants in a position that is not visible to spectators, emphasizing the consideration of human rights and the principle of presumed innocence.
In January 2023, Japan's Supreme Court released a notice to courts nationwide regarding the handling of defendants in criminal trials. The notice emphasizes the importance of not visibly displaying handcuffs and restraints in front of spectators, as this runs counter to the principle of presumed innocence until proven guilty. Traditionally, defendants have entered the courtroom in visible shackles, which has contributed to a public perception that equates being a defendant with guilt. Human rights advocates, including lawyers, have long argued that this practice is damaging to the dignity of the accused and may negatively impact their ability to advocate for themselves in court.
The court's notice aims to balance public safety and the dignity of defendants by requiring authorities to handle restraints discreetly. This decision came after discussions involving the Ministry of Justice and the National Police Agency, demonstrating a concerted effort to reform courtroom practices that reinforce stigma associated with being charged with a crime. Legal experts noted the significance of this change in promoting a fair judicial process that upholds the fundamental rights of individuals, even those accused of crimes.
Reactions from the legal community and human rights advocates reveal a growing appreciation of the implications of courtroom appearances on justice outcomes. By addressing the visibility of restraints, the Supreme Court is recognizing the psychological and social impacts that such practices have on defendants. This move is not only about aesthetics but about fostering a justice system that is more humane and respects the rights of all individuals, regardless of their charges.
