Japan criticized as treating death-row inmates 'inhumanely'

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.

Source: mainichi.jp, Daisuke Sato, September 22, 2024

_____________________________________________________________________

Twitter/X | Facebook | Telegram | Contact Us

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

— Oscar Wilde

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000. Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET.

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city. The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said. 'The families of the victims were offered amnesty and peace but they refused.'

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles. The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones.

Death Penalty News

Search This Blog