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)

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

Iran: Delara Darabi has now been scheduled for execution

Delara Darabi has now been scheduled for execution, according to the Iranian newspaper Etemad on 18 April, according to another source on 20 April. She was convicted of murdering a relative when she was 17. Unless the Judiciary intervenes, she can now escape execution only if the woman’s entire family accept payment of diyeh, or blood money. One of the familly is said to be undecided. Iran is a state party to the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, which prohibit the use of the death penalty against people convicted of crimes committed when they were under 18. RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible: - expressing concern that Delara Darabi is in imminent danger of execution for a crime committed when she was under 18; - calling on the authorities to halt the execution of Delara Darabi immediately, and commute her death sentence; - reminding the authorities that Iran is a state part...

Tibetan protesters executed for Lhasa riot killings

Tibetan exiles have reported the first executions of those convicted for rioting last year in Lhasa, with at least two people put to death in a rare implementation of capital punishment in the restive region. Two Tibetans convicted of arson and sentenced to death in April were executed on Tuesday morning in Lhasa, reported The Tibetan Centre for Human Rights and Democracy, which is based in the Indian town of Dharamsala—the home in exile of the Dalai Lama. It said that Lobsang Gyaltsen and Loyak had been sentenced to death for their part in setting fire to five shops in the Tibetan capital, killing seven people, in the riot that rocked Lhasa in March last year. Officials say that 21 people — including three Tibetan protesters — died in the violence, which embarrassed Beijing just as it was preparing to stage the Olympic Games and prompted a security crackdown across the Himalayan region. The body of Mr. Gyaltsen had been returned to his family and then submitted to a river burial—an un...

Iran: Prisoner of conscience Mohsen Amir Aslani hanged for ‘different interpretation of Quran’

Mohsen Amir Aslani NCRI - The Iranian Resistance calls on the UN High Commissioner for Human Rights and the Human Rights Council, as well as all international human rights organizations to strongly condemn the execution of prisoner of conscience Mr Mohsen Amir Aslani on charges of “corruption on earth; changing Islam’s principles and secondary laws; and new interpretation of Quran”.  It further calls for adoption of binding decisions against the growing number of arbitrary executions by the religious fascism ruling Iran. Mr. Amir Aslani, 37, who had been in prison since eight years ago, was once sentenced to four years in prison which was later commuted to twenty-eight months. However, as more fabricated charges were brought against him, the head henchman Judge Salavati condemned him to death. The Iranian regime has refraining from handing over the body of this prisoner to his family through stonewalling and offering contradictory answers to them. The execution...

Louisiana Supreme Court Frees Death Row Prisoner, Calling Evidence Against Him “Scientifically Indefensible”

The decision affirms a lower court’s ruling nullifying Jimmie “Chris” Duncan’s 1998 first-degree murder conviction. Duncan was convicted based in part on forensic evidence that is now widely regarded as junk science. Former Louisiana death row inmate Jimmie “Chris” Duncan is officially a free man following a unanimous ruling Monday by the Louisiana Supreme Court. In the opinion, justices upheld a lower court’s decision to toss out Duncan’s 1998 conviction for killing his former girlfriend’s toddler, Haley Oliveaux, citing flawed forensics practices used to convict him. 

Thailand | Australian man charged with murder after dead 17-year-old girl found in suitcase

An Australian man has been charged with murder after the body of a 17-year-old girl was found in a suitcase in Thailand. Police in the coastal city of Pattaya said they found Tunchanok Donhomla "stuffed" in the bag, which had been discarded near a railway track, in the early hours of Saturday. Thai police said they arrested Simon Peter Carman at Bangkok's Suvarnabhumi Airport in connection with the death as he was allegedly "preparing to flee the country." He denies the charges. In a message issued to the victim's family after his arrest, Carman said: "I feel bad for what happened to your daughter. It was out of my control."

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Tennessee Reduced Training in IV Placement in New Lethal Injection Protocol

The protocol that took effect in 2025 sheds new light on Tony Carruthers’ botched execution, when Dr. Mark Fowler spent nearly an hour trying, and failing, to place a secondary IV line Tennessee’s lethal injection protocol adopted a year and a half ago appears to include reduced training in IV placement. That’s the part of the process prison staff failed to complete last month before aborting the execution of Tony Carruthers. Filings from ongoing litigation over the protocol show concerns about the executioners’ training and qualifications aren’t new.