Skip to main content

Japan | Iwao Hakamada's lawyer considering suing government over fabrication of evidence after acquittal

Iwao and his sister (right)
World's longest-serving death row inmate mulls suing govt after acquittal

A lawyer for the world’s longest-serving death row inmate — who was acquitted in a Japanese retrial last week of a 1966 quadruple murder — said that the defence team is considering filing a damage suit against the government over the fabrication of evidence that ruined the man’s life and his mental health by keeping him in prison for 48 years.

Iwao Hakamada, an 88-year-old former boxer, was found not guilty last week by the Shizuoka District Court which concluded that police and prosecutors collaborated in fabricating and planting evidence against him. The court said he was forced into confession by violent, hours-long closed interrogations.

The acquittal made him the fifth death row inmate to be found not guilty in a retrial in postwar Japan, where prosecutors have a more than 99% conviction rate, and retrials are extremely rare.


Hakamada was convicted of murder in the 1966 killing of an executive and three of his family members, and setting fire to their home in central Japan. He was sentenced to death in 1968 but was not executed, due to the lengthy appeal and retrial process in Japan’s notoriously slow-paced criminal justice system.

He spent more than 45 years on death row — making him the world’s longest-serving death row inmate, according to Amnesty International.

Hakamada is entitled to receive compensation of up to about 200 million yen (NZ$2.2 million) when prosecutors accept the ruling, making the acquittal final.

His lawyer Hideyo Ogawa told reporters that the defence team is also considering filing a damage suit against the government because investigators and the police collaborated in fabricating evidence, despite knowing fully well that it could send the man to the gallows and that would be "totally unforgivable".

Ogawa also demanded that a recording of the investigation process should be made mandatory in the future.

Hakamada’s 91-year-old sister Hideko Hakamada said she has been trying to explain the victory to her brother but he seems still not convinced that he is now a free man.

The sister, who devoted nearly half of her life to winning her brother’s innocence, said when she told him about his acquittal, as soon as she returned home, he was silent. The next morning, she showed him newspaper stories about him.

“I told him, ‘You see, it’s true, what you kept telling us really came true', but he seemed still sceptical,” she said, citing his mental issue and deep suspicion due to his years-long solitary confinement. “I will keep reminding him of his acquittal every day” until he can finally believe it.

Hakamada, accompanied by his sister, joined his cheering supporters in a meeting in Shizuoka near his hometown of Hamamatsu, in his rare public appearance, and even made a short comment.

“Finally, I have won full and complete victory. Thank you,” Hakamada said. His sister said it was a big surprise as she thought if he could say thank you that was good enough. She says she thinks he is still not fully convinced.

It took 27 years for the top court to deny his 1st appeal for retrial. His second appeal for a retrial was filed in 2008 by his sister, and that request was granted in 2014, when a court ruled there was evidence suggesting he was wrongfully accused.

The court did not clear his conviction but released him from his solitary death-row cell, allowing him to await retrial at home because his poor health and age made him a low risk for escape. The case has since bounced along in several courts until last week.

Since his release, he seemed to be in his own imaginary world, and “I never expected him to say such a thing,” Hideko Hakamada said, referring to his remark. “I imagine he must have rehearsed the phrase while in prison for 48 years so he can say it when he wins acquittal one day.”

The case is not fully closed for them yet because prosecutors can still technically appeal the decision until October 10, while his lawyers and human rights activists are condemning such a move and have started a petition drive. It also sparked calls from law associations and rights groups to demand a legal revision to lower hurdles for retrials.

Japan and the United States are the only 2 countries in the Group of 7 advanced nations that retain capital punishment. In Japan, executions are carried out in secrecy and prisoners are not informed of their fate until the morning they are hanged.

Source: inews.co.nz, Staff, October 1, 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.