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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.