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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

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.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

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.