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)

South Korea ferry disaster: Surviving passengers of Sewol tragedy give evidence in court

Surviving passengers of a South Korean ferry which sunk in April, killing 304 people, are due to give evidence in the trial of its captain and 14 crew members. Students from the Danwon High School in Ansan, 18 miles south of Seoul, will testify with other passengers in a smaller court nearer to their home, rather than the one where the defendants are being seen in Gwangju, in the south of the country. The Sewol ferry set sail on 16 April with 476 passengers and crew on board - more than 300 of which were schoolchildren. They were enroute from the mainland to the island resort of Jeju as part of a school trip, when nearing the end of the journey, the vessel, which was overloaded, also made a sharp turn to the right causing it to capsize. Captain Lee Joon-seok, 68, was caught on rescue footage being one of the first to leave the ship, while many passengers, obeying orders, remained in the cabins. It is thought a delayed evacuation order from the captain did n...

Tennessee | Questions Raised About the Doctor Who Was Overseeing Tony Caruthers’ Execution

Mark Fowler, according to a deposition, had not placed a central line in a patient for more than a decade when he attempted to put one in Carruthers Around 11 a.m. Thursday morning in the execution chamber at Riverbend Maximum Security Institution in Nashville, a medical doctor stepped in and attempted to place a central IV line in Tony Carruthers’ chest. By that point, the prison staff had spent some 30 minutes trying unsuccessfully to insert a backup IV line that would allow them to proceed with the lethal injection. According to Carruthers’ attorney Maria DeLiberato, who was in the room, after asking a staff member to attempt inserting a line through Carruthers’ jugular vein, the doctor moved on to the central line, which is identified as the last resort in Tennessee’s lethal injection protocol .

Florida: The Daily Routine of Death Row Inmates

The breakfast carts rattle through the concrete prison at about 5:30 am and as they approach Death Row the first sounds of morning repeat the last sounds of night - remote controlled locks clanging open and clunking closed, electric gates whirring, heavy metal doors crashing shut, voices wailing, klaxons blaring. A maximum security prison has no soft or delicate sounds. At the end of each corridor of death row cells a guard opens a heavy door of steel bars and a prison trusty pushes a breakfast cart inside. The door closes behind him and when it locks a second door opens and admits the trusty to the wing. He steers his cart along the wing stopping at each cell to pass a tray of powdered eggs and lukewarm grits through a small slot on the bars. Food is prepared by prison staff and transported in insulated carts to the cells. The food carts are full of cockroaches, the food is often undercooked or just rotten and is served on Styrofoam plates with a plastic "spork" - fork/spoon...

Arizona executes Leroy McGill

Arizona executes inmate who set couple on fire in 'horrific attack' Arizona has executed Leroy McGill for setting 21-year-old Charles Perez and his 24-year-old girlfriend on fire. Perez died the next day and Perez survived with severe burn injuries.  Arizona has executed a death row inmate for setting 2 people on fire more than 20 years ago, killing 1 of them and changing the other's life forever.  The state executed Leroy McGill, 63, by lethal injection on Wednesday, May 20, for the 2002 murder of 21-year-old Charles Perez. McGill set Perez and his girlfriend on fire after they accused him of theft, court records say. Perez died of his injuries the next day while his girlfriend survived with severe burns. 

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Tennessee fails to execute Tony Carruthers after IV difficulties. State won't try again for a year

NASHVILLE, Tenn. (AP) — Tennessee officials on Thursday called off the lethal injection of Tony Carruthers, who was convicted of kidnapping and murdering three people in 1994, after his executioners tried and failed for over an hour to establish an intravenous line. Gov. Bill Lee announced soon afterward that the state would not try again for at least a year. In a written statement, the Tennessee Department of Corrections said medical personnel had quickly established a primary IV line but were unable to find a suitable vein for a backup line as required by the state’s execution protocol. Efforts to insert a central line also failed, and officials called off the execution.

EU GSP+ Reform: Will Brussels Finally Enforce Its Own Conditions on Pakistan?

The EU has tightened the rules governing GSP+ trade preferences, but Pakistan’s record raises a harder question: whether Brussels is prepared to suspend market access when a major beneficiary fails to demonstrate sustained compliance with human rights, labour and governance obligations. The European Union has formally adopted revised rules for its Generalised Scheme of Preferences, strengthening the conditions attached to preferential market access for developing countries. The new framework will apply from 1 January 2027 and is intended to tighten monitoring, widen the list of international conventions, and make suspension of benefits easier in cases of serious violations.

Former Oklahoma death row inmate Richard Glossip goes free on $500k bond

Richard Glossip was released from jail Thursday, May 14, on a $500,000 bond, a major victory for the former death row inmate who has come so close to execution that he has had three last meals. Glossip, 63, is awaiting his third trial in his 1997 murder-for-hire case. He walked out the front door of the Oklahoma County jail, holding hands with his wife, Lea Glossip, as a stiff Oklahoma breeze whipped his hair. "I'm just thankful for my wife and my attorneys," he told reporters. "I'm just happy." His release came hours after Oklahoma County District Judge Natalie Mai set bail in a 13-page order that pointed to issues with the key witness against him.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

Florida executes Richard Knight

Man convicted of killing a woman and her 4-year-old daughter is executed in Florida  A Florida man convicted of fatally stabbing his cousin’s girlfriend and the couple’s 4-year-old daughter was put to death Thursday evening, becoming the 7th person executed by the state this year.  Richard Knight, 47, was pronounced dead at 6:13 p.m. following a 3-drug injection at Florida State Prison near Starke. Knight was convicted of 2 counts of 1st-degree murder in the June 2002 killings of Odessia Stephens and her daughter, Hanessia Mullings.  The curtain of the death chamber went up promptly at the scheduled 6:00 p.m. execution time. Knight was already strapped down with his arms extended and an IV line in place.