Skip to main content

I spent 34 years on Japan's Death Row

Those awaiting execution in Japan's prisons live in terror that each day could be their last and that they'll have only minutes to prepare themselves for the gallows. David McNeill meets an innocent survivor of the system.

When his body isn't groaning under the weight of its 83 years, and the sun is shining over his native Kyushu in southern Japan, Sakae Menda sometimes forgets the ordeal he suffered and knows he is lucky to be alive. But most days, there is no forgetting that the Japanese state stole 34 years of his life as retribution for a crime that he didn't commit, nor that he thought every one of those 12,410 days would be his last. "Waiting to die is a kind of torture," he says, "worse than death itself."

Mr Menda was the first man freed from Japan's Death Row, which has come in for withering criticism in a new report from Amnesty International. Inmates have been driven toward insanity while awaiting execution, says the human-rights body, and at least five of Japan's 102 condemned prisoners are mentally ill. Many more elderly inmates are on the brink of senility, but details are sparse.

"The government has a policy of not allowing access to prisoners on death row and denied [our] request for access," says Amnesty, which calls the system "shameful".

Death penalty opponents say Japan is bucking a worldwide trend toward abolition. Although it incarcerates just one third the number of its citizens less than the UK, Japan's astonishing 99 per cent conviction rate means that the condemned certainly include innocent men like Mr Menda, say campaigners. "There is little doubt that there are more Mendas inside our jails," says the prison-guard-turned-lawyer Yoshikuni Noguchi.

Inmates are deprived of contact with the outside world, kept in solitary confinement and forced to wait an average of more than seven years, and sometimes decades, in toilet-sized cells while the legal system grinds on. When the order eventually comes, the condemned have literally minutes to get their affairs in order before facing the noose. Because the order can come at any time, they live each day believing it may be their last, recalls Mr Menda, who was framed by the police for a double murder.

Early on 30 December 1948, a killer broke into the house of a priest and his wife near Mr Menda's home and used a knife and an axe to murder them. Mr Menda was in the wrong place at the wrong time, and was arrested over a separate crime of stealing rice. The police held him for 3 weeks, without allowing him access to a lawyer, until they extracted a confession. Convicted in 1951, he wouldn't step outside Fukuoka prison until he was finally declared innocent in 1983.

Life shrank to a 5 sq metre, unheated, solitary cell that was lit day and night and monitored constantly. Mr Menda tells of hearing from his cell for the first time one of his fellow inmates dragged to the gallows. It was an event, he says, that made him "insane", and caused him to scream so long that he was awarded chobatsu (punishment) in that case, 2 months with his hands cuffed so he had to eat like an animal.

Every morning, though, after breakfast when the execution squads would come, the terror of this being his last day began afresh. "The guards would stop at your door, your heart would pound and then they would move on and you could breathe again," he vividly recalls. Mr Menda would watch dozens more inmates carted off to the gallows.

"The men would yell out as they left: 'I will be going first and will be waiting for you'," he says. Mr Menda's wife Tamae calls it a "miracle" he stayed sane. "He is very short-tempered and stubborn," she says. "I think he survived because he wasn't educated and couldn't make sense of what he was going through."

Amnesty's UK director Kate Allen last week called the system a "regime of silence, isolation and sheer non-existence", singling out the same-day execution notice as "utterly cruel". The hangmen are undeterred by age, senility or handicap: the condemned include 83-year-old Masaru Okunishi, who has protested his innocence of poisoning 5 women for over 4 decades. Amnesty says 32 people have been hanged since January 2006.

Polls show little support for abolition. A 2005 survey found over 80 % of Japanese people "in favour" of executions (in "unavoidable circumstances"), a rise of over 23 % since the mid 1970s. Abolitionists hope that the incoming Democratic government of Yukio Hatoyama will debate scrapping the death penalty.

But Mr Menda remains pessimistic. "When I was released, people took up the cause [of abolition] but lost interest. Japanese democracy is only 60 years old. The concept of human rights is not ingrained in our history," he says. Mr Noguchi, who left the prison service to practise law in 1980, believes reform is long overdue. "The system has become even worse than 30 years ago. Regulations over contact with the outside world, including letters and meetings with family, have become stricter. The condemned used to be given 24 hours' notice before execution; now they only get a few hours."

More than 2 decades of freedom have not dimmed Mr Menda's hatred for the police and judiciary. He points out that the system that tore his life apart is still unchanged: the police can still hold a criminal suspect for 23 days without any judicial oversight; confessions still carry enormous weight, with over 99 % of criminal charges ending in victory for the prosecution and the condemned are still kept in solitary confinement with virtually no chance of a reprieve.

"The powerful have the upper hand here," he says. "I went to see the police when I was released, and I asked them how they felt about what they did to me. They told me they were just doing their job."

Source: The Independent, September 15, 2009

Comments

Most viewed (Last 7 days)

Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010.  The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching.  The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit.  Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County. 

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville.  Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same.  Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements. 

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

François Mitterrand, the Justice Minister Who Sent 45 Men to the Guillotine

The socialist president celebrated for abolishing the death penalty in France sent 45 condemned men to the guillotine when he was Minister of Justice. In French political history, François Mitterrand is the father of the historic victory of May 1981. He remains associated with one of the greatest moral laws of the Fifth Republic: the definitive end of capital executions, carried through with Robert Badinter in the autumn of 1981.