TOKYO (Kyodo) -- The inhumane treatment of inmates who have been sentenced to death has come under increased scrutiny in Japan, with legal experts criticizing authorities for giving little to no warning of an impending execution and denying those on death row basic human contact.
Japan has no established regulations regarding how much warning an inmate on death row should be given before they are sent to the gallows, but anecdotal evidence shows they were informed the day before at least until the 1970s. Currently, inmates are notified just one or two hours before they are hanged.
Inmates' contact with anyone other than prison guards is also heavily restricted, with interactions by writing or in person prohibited after rulings are finalized. Previously, inmates were permitted to see family members prior to their executions.
A former prison officer said he clearly remembers a time in the 1970s when a death-row inmate was allowed to spend some time with his wife who had rushed to see her condemned husband at an eastern Japan correctional facility before his execution after she was informed about it via telegram.
The former officer, now in his 70s, said he recalls the scene in which the woman sat in a large room crying as she held the hands of her partner across a table.
At the time, death-row inmates were also allowed to communicate among themselves when exercising or doing other activities like writing haiku poetry, in contrast to current inmates who are allowed few opportunities to talk to others.
"Some death-row inmates were allowed to keep small birds or grow flowers in their cells," the officer said. "They were treated more humanely than now."
The Justice Ministry has never announced any change to its policy of when inmates are notified of their executions, but it has maintained that giving the information beforehand "might cause serious harm to their mental states," citing a case of an inmate committing suicide after being notified of his or her execution the day before.
Two death-row inmates filed a lawsuit against the state with the Osaka District Court in November 2021, arguing that notifying inmates on the day of executions prevents them from taking legal steps to stay the process.
"Death-row inmates are terrified every morning at the prospect that they might die (today). It is extremely inhumane," a lawyer representing the plaintiffs said in a press conference.
But the court dismissed the suit in April this year, with the ruling saying, "Death-row inmates have an obligation to accept the execution of their sentences and how the process is carried out."
While the court did not rule on whether the current arrangement violates a law, the ruling said it is reasonable to some extent as it is designed to help the mental stability of inmates and maintain order at detention facilities.
Other lawsuits filed by death-row inmates and lawyers have challenged the illegality of execution by hanging as well as the practice of going ahead with executions when inmates have filed applications for a retrial.
Kenji Nagata, a professor at Kansai University, criticized the current practices, saying that the burden on capital inmates should be reduced as much as possible.
Although Nagata is not among those in Japan who oppose capital punishment, he recognizes the inherent contradiction in that "the state says not to kill but takes lives as a punishment," the government needs to minimize the fear and agony it inflicts and just take their lives in a way that minimizes its conflicting positions, he believes.
"I can understand the argument that death-row inmates who have inflicted pain on victims deserve fear and pain themselves. But I can't agree with the state (causing extra) punishment," Nagata said.
Nagata believes Japan has also failed to keep up with global standards. For example, in the United States, where the death penalty also exists, the method of execution has evolved from hanging to electric chair and lethal injection.
"Japan is two or more steps behind the United States," Nagata said.
