It was in 1984 that the United Nations adopted the "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." More than 110 countries have since joined the treaty, but surprisingly Japan is not yet one of them. Finally, however, the government has decided to ratify the treaty and has been seeking Diet approval of ratification. This is certainly a most welcome step. Torture has no place in any civilized society, and Japan must make its stand known to the world by ratifying the convention.
There have been incessant calls, both inside and outside the country, for Japan to do so. Nongovernmental organizations have been particularly aggressive in lobbying the government as well as international opinion to get the treaty ratified by this nation. Yet successive governments have turned a deaf ear.
Such reluctance has been something of a puzzle to many people. After all, Japan's postwar Constitution clearly stipulates that "the infliction of torture by any public officer and cruel punishment are absolutely forbidden." (Article 36). Why the procrastination? One uncomfortable truth is that traditional legal concepts in Japan have lagged behind the civil- and human-rights standards that have taken root throughout the world since the end of World War II. Much of the current Japanese penal code goes back to the Meiji period, well before the term "human rights" came into international vogue.