Skip to main content

Japan | "Conditions on death row are abhorrent"

In the latest of the DPRU's Q&A series with death penalty experts from around the world, Michael H. Fox, an anti-death penalty advocate in Japan, tells DPRU Research Officer Jocelyn Hutton about his current work and about how the death penalty disproportionately affects foreign nationals in Japan.

Can you tell us a little bit about the work that you do in relation to the death penalty?


Much of my work is researching, writing and speaking about the death penalty in Japan, in order to advocate for individuals' cases and in an effort to educate the public. I run the Japan Innocence and Death Penalty Information Centre which monitors every death penalty case in Japan. We also assist numerous defence teams fighting both wrongful convictions and the death penalty in general. My work in Japan also led me into the bowels of the American criminal justice system, and I have visited and supported many death row prisoners there - all of whom have now thankfully had their sentences reduced (and one, Debra Milke, has been exonerated!)

What led you to work on the death penalty?


In 1994, I attended a symposium by Etsuko Yamada, a wrongfully arrested woman who was charged with murder after the death of a child under her care at an institution. After her arrest, she was interrogated for two weeks from morning until night, and constantly threatened with the death penalty in order to force a confession. In that moment, I was awakened to the awful power of the death penalty to be used as a tool of the state to coerce confessions from detainees, both real and imagined. Since then, I have worked tirelessly to support those who have been wrongfully convicted, as well as those sentenced to death. As long as the death penalty continues, wrongful convictions and wrongful executions will occur again and again.

Can you tell us more about the extent of the use of the death penalty in Japan?


For the most part, death sentences have been decreasing year by year. Crime is falling, the population is ageing, and there is virtually no unemployment. In 2009, a mixed jury system was introduced, with three professional judges sitting together with six laypeople. As jurors tend not to want the responsibility of taking a life, prosecutors have been demanding the death penalty less and less, in order to ensure a guilty verdict is not avoided by the lay jurors. For example, in one case in 2010, soon after the system was introduced, the prosecution requested the death penalty but the jurors found the defendant not guilty, which is extremely rare. Usually in such cases, the conviction rate is 99.7%. If the death penalty is not requested by the prosecutor, jurors are more likely to find the defendant guilty as they will instead receive a ‘less risky’ prison sentence.

Since 1993, there have been 133 executions, which averages at about four to five executions per year. But in some years, there have been astronomical leaps in these numbers. The worst examples were in 2008 and 2018 - in both years 15 hangings were carried out. In 2015, 13 of those executed had been members of a cult that had carried out several murders and a gassing of the Tokyo subways in 1995. The justice minister wanted to wipe the slate clean with these executions before the succession of the new, current emperor.

Executions are completely at the discretion of the Minister of Justice, currently Yoshihisa Furukawa. In 2008, the then ‘hang-happy’ justice minister, Kunio Hatoyama, began holding press conferences to personally announce executions. He finally stopped after being called the ‘grim reaper’ by the Asahi Shimbun newspaper.

Why are foreign nationals considered a threat to Japan?


Japan is a fairly nationalistic country, which managed to successfully remain closed to much of the rest of the world for over 250 years. This legacy of exclusion has been exacerbated by the COVID-19 pandemic and has led to one of the more extreme closed border policies globally, that still continues today. There are about 2 million foreigners living in Japan, about 1.5% of the population, and yet foreigners are still considered a big threat to Japanese society. Whenever a social problem arises, for example, an increase in AIDS cases or a rise in crime, the blame tends to be put on foreigners. However, with an increasingly ageing population, millions more foreign workers are needed to support businesses and the economy.

How many foreign nationals are on death row? Are there any specific political and diplomatic issues that affect sentencing and executions in Japan?


There are currently six foreigners on death row out of a total death row population of 108. This means foreign nationals are overrepresented on death row, comprising about 5.5% of the death row population and only 1.5% of the general population. Five of the foreign nationals sentenced to death are from China and one is from Malaysia.

The Japanese government have found they must exercise caution when executing non-Japanese nationals, especially Chinese citizens. In 2009, a little while after Japan had executed a Chinese national, four Japanese prisoners accused of drug transportation were executed in China, in what was widely believed to be retribution. No Chinese nationals were executed in Japan for 10 years after this, until 2019, when a second Chinese national, Wei Wei, was executed in Japan. His two accomplices had fled to China and were caught and sentenced there. This time, the execution did not set off any alarms in Sino-Japanese relations, perhaps because the crime Wei Wei had been involved in was a particularly gruesome murder-robbery of a whole family, including two young children.

What are the conditions like in Japan for death row prisoners? Does the experience of prison differ for foreign nationals and nationals?


Compared to many places in the world, conditions on death row are abhorrent - for Japanese and foreign nationals alike. All death row prisoners are in solitary confinement, and only allowed out to shower and exercise. Exercise must be done in a solitary cage for 30 minutes only, and the prisoners may not speak to or see each other. There is no television or radio provided, music is pumped through the halls. Visits are limited to family members and only for 20 minutes at a time. There are no phone privileges.

Many prisoners are abandoned by their family after conviction, due to the massive stigma attached to those incarcerated, and so some prisoners change their names, or even get married ‘on paper’ in order to be adopted into new families, allowing those who are interested to visit them in prison.

What is current public opinion on the death penalty in Japan? Are there any aspects of abolition for which there is public support?


Public support for the death penalty remains quite high in Japan. In my opinion, the death penalty exists where it does because it fulfils a psychological and sociological need in certain populations. For example, in the US, it assuages white fear of black crime. Japan is somewhat more complicated. It is a very hierarchical society which espouses conformity and obedience, therefore those who violate social norms are considered pariahs. Such a rigid hierarchical society also requires scapegoats in order to vent pent-up frustrations. In the Middle Ages in Japan, the heads of those executed were put on display in village squares. The death penalty continues to serve society in this way; as a visceral satisfaction in the suffering of another. This is clearly observable in Japan; death sentences and executions often make front page headlines. Japan tends to look more to the US than to Europe for guidance and some activists believe if and when the US ultimately abandons the death penalty, Japan might follow suit.

Source: law.ox.ac.uk, Michael H. Fox, June 16, 2022. Michael H. Fox, an American citizen, has lived in Japan for over 40 years. He is the Director of the Japan Innocence and Death Penalty Project (JIADEP). JIADEP advocates against the death penalty and wrongful conviction cases in Japan and assists legal teams in their defence work. Michael also runs the Network for Innocent Arson Defendants and the Women’s Criminal Justice Network. A university faculty member for many years, he is now officially retired and devotes his time and resources to helping the wrongfully convicted and fighting against the death penalty.






🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Former FedEx driver sentenced to death for killing 7-year-old girl after delivery at her Texas home

DALLAS (AP) — A former FedEx driver was sentenced to death on Tuesday after he pleaded guilty to killing a 7-year-old girl he took from her Texas home while delivering a Christmas gift. Jurors in a Fort Worth courtroom decided on Tanner Horner's punishment after hearing about a month of testimony and evidence that included audio of Athena Strand's last moments from inside his delivery van. Horner, 34, pleaded guilty to capital murder last month in the 2022 killing just as his trial began. Athena's body was found two days after she was reported missing from her home in the rural town of Paradise, near Fort Worth.

South Dakota | Latest appeal from state's lone death row inmate denied

SIOUX FALLS, S.D. (KELO) — The U.S. Court of Appeals for the 8th Circuit has rejected the latest appeal from Briley Piper, the only person on death row in South Dakota. In March 2000, Briley Piper, along with co-defendants Elijah Page and Darrell Hoadley, conspired to burglarize the Lawrence County home of 19-year-old Chester Poage before abducting and murdering him by beating, stabbing, and stoning in a remote area.  Piper was subsequently arrested, convicted of murder, and sentenced to death, while his accomplices received either a death sentence—carried out against Page in 2007—or a sentence of life imprisonment without parole. 

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

Will the US Supreme Court end nitrogen gas executions?

When President Donald Trump returned to office in January 2025, he directed his administration to “ restor[e] the death penalty .” His embrace of capital punishment helped fuel a surge in executions at the state level last year, as I previously reported , and led the Justice Department to produce a report on “strengthening” the federal death penalty, which was released late last month. In the report, the Justice Department defended the use of pentobarbital – a powerful sedative – for lethal injections, criticizing the Biden administration’s determination that it may cause “unnecessary pain and suffering.” Nevertheless, citing ongoing legal challenges to pentobarbital use and related problems obtaining the drugs used in lethal injections, the DOJ recommended expanding the list of federal execution methods by adding firing squads, electrocution, and lethal gas.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

American Fugitive Flees to Italy hoping to Escape the Death Penalty

American Murder Suspect Cut Off His Ankle Bracelet and Fled to Italy to Escape the Death Penalty Lee Mongerson Gilley Flew From Houston to Milan on Two False Identities. He Was Caught the Moment He Landed. It reads like the opening of a thriller. A man under electronic surveillance in Houston, suspected of killing his pregnant wife, cuts off his ankle bracelet, boards a flight to Canada under a false identity, transfers to a second flight to Italy under a second false identity, and lands at Milan Malpensa with a single objective: to place himself beyond the reach of Texas justice and its death penalty. The plan failed at the first step on Italian soil. Lee Mongerson Gilley, 39, an American software engineer wanted in the United States on suspicion of murdering his ex-wife in October 2024, was identified and detained the moment he arrived at Malpensa. He had cut off his electronic monitoring bracelet in Houston, flown first to Canada using one set of false documents, and then to Italy u...

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.