Skip to main content

After acquittal of ex-death row inmate, debate needed on Japan's death penalty

Japan should be ensuring the safety of its citizens, but instead it is taking people's lives. Is it acceptable to maintain the ultimate penalty under such circumstances? This is a serious question for society.

The acquittal of 88-year-old Iwao Hakamada, who had been handed the death penalty, has been finalized after prosecutors decided not to appeal the verdict issued by the Shizuoka District Court during his retrial.

Considering the purpose of the retrial system of providing relief to the innocent, this response is only natural. But Japanese prosecutor-general Naomi Unemoto took the rare step of releasing a statement expressing "strong dissatisfaction" with the finalized ruling, which recognized that investigative authorities fabricated evidence in Hakamada's case. 




It was apparent authorities were trying to save face until the end, suggesting that they are not taking seriously their responsibility for producing false charges. Police and public prosecutors should deeply reflect on the matter and immediately launch a probe to unravel the truth behind the unjust investigation.

False charges threatening people's lives


The latest incident brought into relief problems with Japan's death penalty system.

Hakamada spent 34 years incarcerated on death row over the murder of a family of four in eastern Japan's Shizuoka Prefecture. If the death penalty had been carried out there would have been no way to reverse the miscarriage of justice.

"It’s strange when they near your cell. You lose all your strength as if a rope is dragging it out of you. Then the footsteps stop in front of another solitary confinement cell and when you hear the sound of the key turning, you feel relieved."
Sakae Menda, who was wrongfully convicted of a double-homicide and sentenced
to death in 1949, but was later exonerated by retrial in 1983.
This was the first time anyone was ever released from death row by retrial in Japan.


In the 1980s in Japan there were four similar cases in which people handed the death penalty were found not guilty during retrials. There have also been cases where the validity of convictions was contested even after the death penalty was carried out.

Errors are inevitable even during trials as long as humans are evolved in the process. The danger of putting innocent people to death cannot be eliminated.

Even today, potential sources of false charges, such as forced confessions during investigations and preconceived assumptions remain deep-rooted.

After the death penalty was finalized, Hakamada had to live in constant fear of being executed. Under such circumstances he became mentally ill and even after his release he has had difficulty communicating with others around him.

It was in 1948, soon after the end of World War II, that Japan's Supreme Court ruled the death penalty was constitutional. It ruled that executions did not fall under "cruel punishments" forbidden by Article 36 of the Constitution. At the same time, one judge gave a supplementary opinion stating that it could become unconstitutional if public sentiment changed with the times.

Abolition of the death penalty is a global trend. According to one international nongovernmental organization specializing in human rights, 144 countries are now without the death penalty, including countries that have suspended it. The countries that maintain it, located predominantly in the Middle East and Asia, are the minority.

"The acquittal of Hakamada should be turned into an opportunity to deepen debate with a view to abolishing the death penalty."

In 1989 the United Nations adopted the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming to abolish the death penalty. Since 2007, the U.N. has repeatedly passed resolutions calling on countries that maintain the death penalty to suspend executions.

Countries develop their own criminal justice systems, but respect for human rights is a universal principle that transcends national frameworks. Life is the foundation of human rights. The abolition of the death penalty is based on the idea that this right must no be infringed on, even by a state.

As for the reason Japan maintains the death penalty, successive justice ministers have stated that "the majority of the public thinks that the death penalty is unavoidable for extremely malicious and violent crimes, and that there remains no end to heinous crimes." Indeed, during a public opinion poll the government conducted in 2019, 80% responded that the death penalty "cannot be helped." However, 35% of respondents said they would support its abolishment if life sentences that incarcerated people for the rest of their natural lives were introduced.

Considering full-scale debate in the Diet


It is necessary to take victims' sentiment on punishment seriously. The feelings of bereaved families whose precious families and loved ones have been murdered, prompting them to call for the perpetrators to pay with their lives, are understandable.

On the other hand, there are families who have ongoing dialogue with the perpetrators to know the truth of the crimes.

Support for the victims of crimes, such as help rebuilding their lives and mental care, must be enhanced separately from punishment of those responsible for the crimes.

Chuo University professor Makoto Ida, a criminal law scholar who has served as head of the Justice Ministry's Legislative Council, emphasized, "Punishment should be considered as a means to impose sanctions on those who violate social rules and to maintain order. It is difficult to justify taking an individual's life for the public good."

Problems with the operation of the death penalty system itself have been pointed out. People on death row are severely restricted from contact with those in the outside world. Moreover, they are not informed of their date of execution until the day in question, and the fear of death continues throughout their incarceration. There is no time for them to say goodbye to family members.

Public opportunities to gain information on the death penalty are limited. The Japanese government does not disclose the decision-making process surrounding executions, such as the timing and who is involved, or provide detailed circumstances on implementation of the penalty.

A Diet members' caucus has undertaken activities to put an end to the death penalty, and in the past, a bill to abolish the death penalty was proposed. But no full-scale discussion has taken place.

It is necessary to create a forum in the Diet to review the death penalty system. The acquittal of Hakamada should be turned into an opportunity to deepen debate with a view to abolishing the death penalty.


Source: mainichi.jp, Staff, October 15, 2024

_____________________________________________________________________








"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)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

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.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

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.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.