Section 8 IRG prohibits extraditions if the person concerned is threatened with death in the requesting state. If the offence in question is punishable by death, the requesting state may give an assurance that it will not carry out the death penalty. Extraditions may be made if the death penalty is provided for by law but is not carried out.
In Japan, the death penalty is still active and continues to be carried out. According to official reports, three executions were carried out in 2021.
Human and civil rights:
According to Article 3 ECHR, no one may be subjected to torture or other inhuman or degrading treatment. If the person concerned is threatened with such ill-treatment, they may not be extradited.
Prisons in Japan are said to have strict rules of conduct. The rule not to speak is used as a means of coercion against the detainees. Solitary confinement is imposed for long periods in relation to European standards.
If a prisoner is sentenced to death, they are often not informed until the same day, according to Human Rights Watch. Moreover, the death penalty can be applied immediately after the sentence is imposed.