The bill may exacerbate discrimination against people with mental disabilities,Ewarned the JCLU in its comment on the Law Concerning Medical Treatment and Observation of People Who Have Committed Grave Acts Against Others While in a State of Insanity.EThe comment, made on July 29, 2002, was sent to the Prime Minister, Minister of Justice, and Minister of Welfare and Labour.
According to the JCLU comment, the New Law's premise is that it is possible to determine the likelihood that an accused person will commit serious crimes in the future. The comment contests this premise - stating that no research to date has proven it to be the case - and demands that the government release the scientific data used to make such claims. The comment also demands that the government provide an opportunity for this issue to be discussed in the Diet. <Body Text w/o vspace>When an accused person is ordered to be hospitalized in accordance with the New Law, people are likely to avoid that person due to prejudice - thereby increasing the social stigma attached to people suspected of committing crimes. As a result, according to the JCLU comment, the procedure must be strictly designed so as not to bring false charges. Furthermore, it is crucial that the bill establish due process, because it introduces a completely new system that belongs neither to criminal nor civil procedure. The unprecedented judgment process, involving the cooperation of a judge and psychiatrist, does not seem to meet these important requirements. In conclusion, the JCLU comment demands that the government amend the bill from its very foundations.