International Criticism of Japan’s Mandatory Detention Policy
Japan has long upheld a policy of mandatory immigration detention, particularly for foreign nationals subject to deportation orders. Under this system, all individuals with deportation orders are detained in immigration facilities until granted temporary release (karihōmen), with no legal maximum period for detention. This approach—often described as “detain all, without exception”—has drawn repeated criticism both domestically and internationally.(2025-06-08 TBS)
Human rights organizations such as Amnesty International and Human Rights Watch have strongly condemned Japan’s system for violating international human rights norms. They have pointed out that the lack of judicial oversight, the absence of time limits, and the discretion granted to immigration authorities in denying temporary release contribute to prolonged and arbitrary detention.
In particular, the death of Wishma Sandamali, a Sri Lankan woman, at the Nagoya Immigration Center in 2021, highlighted the system’s inhumanity. In response, the Office of the United Nations High Commissioner for Human Rights (OHCHR) expressed deep concern over the “inhumane and degrading conditions” of Japan’s immigration detention centers.
Additionally, the UN Human Rights Committee (CCPR) has repeatedly urged Japan to adopt detention only as a last resort, to implement legal time limits on detention, and to introduce judicial reviews for all detentions. Japan’s system is seen as inconsistent with international standards emphasizing the dignity and rights of migrants.
Countries with Similar Detention-Oriented Policies
Australia
Australia has implemented one of the strictest immigration control regimes among liberal democracies. Since 2013, it has adopted an “offshore processing” policy that sends asylum seekers arriving by boat to detention centers in Nauru and Papua New Guinea’s Manus Island. Many of these individuals have been detained for years under poor and often dangerous conditions.
The Australian government claims this policy deters unauthorized migration and preserves national sovereignty. However, international bodies and human rights groups have criticized it as cruel and inhumane, citing reports of medical neglect, mental health deterioration, and suicides in the camps.
Hungary
Hungary also enforces harsh immigration policies, particularly since the 2015 European refugee crisis. The government built border fences and implemented measures to detain and deport asylum seekers swiftly. Legislation has allowed automatic detention of asylum applicants in border transit zones, where conditions have been criticized as prison-like.
The European Court of Human Rights and European Union have both condemned Hungary’s policies for violating the rights of asylum seekers. Like Japan, Hungary justifies its measures in terms of national security, but critics argue it uses detention as a deterrent, undermining the protection of vulnerable migrants.
Countries with More Lenient or Rights-Based Approaches
Germany
Germany adopts a principle of “freedom first, detention as a last resort.” Even at the height of the 2015 refugee crisis, which saw over one million arrivals, Germany prioritized alternative measures such as reporting requirements and community housing over detention.
German law mandates that detention must be proportionate, time-limited, and subject to judicial review. Detention is typically reserved only for individuals who pose a clear risk of absconding or who obstruct deportation procedures. Long-term detention without judicial oversight is deemed unconstitutional by the Federal Constitutional Court.
Canada
Canada offers a relatively open and human rights-based immigration system. Detained individuals are entitled to a review of their detention within 48 hours, and further periodic reviews are mandated by law. Children and families are rarely detained, and alternatives such as community supervision, regular check-ins, and electronic monitoring are commonly used.
Moreover, external oversight from institutions such as the Immigration and Refugee Board (IRB) and international organizations helps to ensure transparency and accountability within the detention process.
Challenges and Outlook for Reform in Japan
There have been some legislative efforts in Japan to reform its detention system. In 2023, the Immigration Control and Refugee Recognition Act was amended to introduce supervision measures as alternatives to detention in limited circumstances. However, the system still grants wide discretion to immigration authorities, and judicial oversight remains minimal.
Prolonged detentions—often exceeding a year—are still reported, prompting ongoing criticism from both civil society and international observers. Japan lacks both a statutory time limit for detention and an independent mechanism for regular review, making reform urgent.
To align with international human rights standards, Japan must:
- Legally define detention as a last resort.
- Set maximum time limits.
- Ensure judicial oversight and transparency.
- Introduce humane conditions and prioritize community-based alternatives.
Summary
Japan’s “mandatory detention” policy has been widely criticized as outdated and in violation of human rights norms. While countries like Australia and Hungary also implement strict detention policies, they have similarly faced strong international backlash. In contrast, countries such as Germany and Canada provide models for rights-based approaches, emphasizing proportionality, oversight, and humane treatment.