Skip to main content

Japan | Family of ex-death row inmate seeks answers after authorities black out execution documents

FUKUOKA -- The family of a death row inmate who was executed while he was preparing to request a retrial has filed a civil lawsuit demanding full disclosure of documents relating to the execution, large portions of which the Japanese government blacked out.

The man, Michitoshi Kuma, was convicted of killing two elementary school students in the Fukuoka Prefecture city of Iizuka in 1992, in what came to be known as the Iizuka incident. His death sentence was finalized in 2006 and he was executed two years later at the age of 70. Kuma had protested his innocence and his family is now fighting the government seeking information on his execution, which they say was carried out too soon.

In September 2008 around two years after the death sentence was finalized, lawyers Tsutomu Iwata and Yasuyuki Tokuda met Kuma in a meeting room at Fukuoka Detention House. "If you don't request a retrial soon, the death sentence could be carried out," they warned him. Kuma showed them a list of death row inmates, including himself, with the dates their sentences had been finalized. Names of those already executed were crossed out. "I'm still about in the middle, so it's OK. There's still time so please proceed with the retrial request," Kuma said before leaving the meeting room.

However, only about a month later, on Oct. 28, 2008, he was executed.

The Code of Criminal Procedures stipulates that executions must be carried out within six months after the death penalty is finalized. But according to the Ministry of Justice and other sources, over the period from 2014 to 2023, the average time from the finalization of the sentence to execution was around nine years. Among the currently incarcerated inmates there is a case when the execution has been stayed for over 50 years.

The execution of Kuma, in comparison, was quick, being carried out after roughly two years and one month. Lawyer Iwata recalls, "At the time, the government was avoiding executing inmates when they were seeking retrials. Detention facility workers were present at the meeting, so the Ministry of Justice must have been aware of the details. Why, then, was the execution carried out so quickly?"

In January 2022, Kuma's bereaved family requested the disclosure of documents relating to the execution process. About two months later, the government released some documents, including a "Death penalty execution petition" addressed from the superintending prosecutor of the Fukuoka High Public Prosecutors Office to the minister of justice, an internal Ministry of Justice decision document titled "Regarding execution of the death penalty" and a "Death penalty execution report."

The documents show that the superintending prosecutor filed a petition for Kuma's execution to the justice minister on Feb. 7, 2007, about four months after his sentence was confirmed. On Oct. 24, 2008, the Ministry of Justice's Criminal Affairs Bureau drafted the execution, which was approved by 13 ministry officials. The minister of justice at the time then ordered the superintending prosecutor to carry out the execution, with the directive "Carry it out as per the court's ruling."

However, other parts of the documents were mostly blacked out. The document titled "Regarding execution of the death penalty" is said to have contained concrete deliberations on the appropriateness of the death penalty, but about nine relevant pages were totally blacked out.

The "Death penalty execution report," meanwhile, is believed to contain a chronological record of the procedures on the day of the execution and the condition of the former death row inmate, but that part too, was blacked out. The reason for this was said to be that those parts constituted "information where it is possible to identify a specific individual" and "information likely to cause impediments to the execution of punishment," which are subject to nondisclosure under Japan's information disclosure law.

Among the many inmates on death row, why was Kuma, who was preparing to request a retrial, chosen at that particular time, and how did he spend his final days? Dissatisfied with the documents full of redactions, Kuma's kin filed a lawsuit in the Fukuoka District Court in October 2023 requesting annulment of the nondisclosure decision. In the lawsuit, the family argues, "Despite being willing to waive our own privacy rights, the information was unilaterally withheld." The family further states the government's act unacceptably went as far as to conceal information that could help restore Kuma's honor, and that the nondisclosure was illegal.

The government, on the other hand, argued that if the process by which officials consider implementation of the death penalty becomes known, then other inmates might imagine that they are next and try to escape or kill themselves. It said all of the blacked-out parts constitute information subject to nondisclosure and is calling for the court to dismiss the family's suit.

Iwata, however, stated, "When the documents are blacked out, there is no way to verify whether execution of the sentence was appropriate. The information should be fully disclosed, not hidden."

Shinichi Ishizuka, a professor emeritus of criminal law at Ryukoku University, who is knowledgeable about Japan's death penalty system, stated, "Shedding light on the execution process is the starting point for discussing the existence of the death penalty system. Withholding information takes away the opportunity for debate, which is unacceptable. In the lawsuit, the question of whether disclosing the information could harm the public interest and the appropriateness of nondisclosure on the grounds of protecting the privacy of the former death row inmate, even when requested by the bereaved family, are likely to emerge as points."

The Iizuka incident


In February 1992, two first-year elementary school girls went missing in Iizuka, Fukuoka Prefecture. They were later found dead in the mountains of the prefectural city of Amagi (present-day Asakura). In September 1994, police arrested Michitoshi Kuma, who lived within the school zone. He consistently maintained his innocence, but he was convicted of murder and sentenced to death. His death sentence was finalized in 2006 and he was executed in 2008. According to the confirmed ruling, Kuma was convicted of abducting the two girls between about 8:30 and 8:50 a.m. Feb. 20, 1992 near a three-way intersection in Iizuka, strangling them by around 9 a.m., and disposing of their bodies in the mountains of Amagi around 11 a.m.

Source: mainichi.jp, Kazuya Shimura, Kyushu News Department, January 19, 2025

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Comments

Most viewed (Last 7 days)

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Inside and outside Oklahoma execution chamber, Tulsans stand on different sides of death penalty debate

Sheriff Vic Regalado and Father Bryan Brooks, pastor at the Church of Saint Benedict, are two men of influence in Tulsa County. They live different lives—one enveloped in faith, the other elected to lead a law enforcement agency of more than 600. Both were brought together by the death penalty. The men believe it is their duty to support families of victims but land on different sides of the aisle when it comes to executions. Regalado is in support of the death penalty, saying it is part of the criminal justice system and brings closure to the families of murder victims.