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Inmates awaiting trial are accommodated in detention houses, or in the detention sections of prisons or juvenile prisons. The treatment of inmates awaiting trial is designed to prevent escape or destruction of evidence, while taking care to respect the defense rights of the suspect or person accused and to ensure a proper custodial life. Inmates awaiting trial are, in principle, accommodated in single cells, and even when housed in shared cells, consideration is given to ensure that suspects connected to the same case are not housed together and have no opportunity to contact each other outside their cells.
Unlike convicted inmates, inmates awaiting trial are in principle allowed to purchase clothes or bedding at their own expense as well as given a wide range of freedom to buy their own food, drink, and daily requisites, provided that they do not violate the rules or hygiene in the institution. There are no special restrictions on prison visits and written communication except unavoidable cases under the management of the institution, while the contents of written communication are subject to censorship. Visits by defense counsels are not observed by guards. Books, magazines, and newspapers are allowed as long as it does not contravene the purpose of detention awaiting trial nor violate the rules of the institution.
Inmates awaiting trial are sometimes detained in police cells (custody facility in police station used in lieu of a detention house under Clause 3, Article 1 of the Prison Law). The average daily number of inmates in police cells in FY 2002 was 12,641 (Source: Data by Correction Bureau, Ministry of Justice).
The treatment of workhouse inmates is generally in line with that of inmates sentenced to imprisonment with labor. In 2002, 4,536 inmates were admitted to workhouses, 1,936 of which were admitted to workhouses after being detained in penal institutions (Source: Annual Report of Statistics on Correction).
The treatment of detainees subject to confinement as the punishment for contempt of court (Kanchi confinement) is in line with that of inmates awaiting trial, except that there are some restrictions on visits, written communication, and the freedom to purchase clothes and that they are not allowed to buy their own food or drink. In 2002, 4 persons were subject to Kanchi confinement (Source: Annual Report of Statistics on Correction).
Inmates sentenced to death are accommodated in detention houses until the sentence is executed. The treatment of inmates sentenced to death is generally in line with that of inmates awaiting trial. Religious services by prison chaplains or guidance and advice from volunteer visitors for inmates are available at the request of them. As of December 31, 2002, there were 57 inmates awaiting execution of death penalty (Source: Annual Report of Statistics on Correction).