Skip to main content

From exoneration to execution: Japan fails to learn from historic miscarriage of justice case

In a major blow to Japan’s human rights record, the country has resumed executions after nearly three years, putting Takahiro Shiraishi to death on Friday 27 June 2025. This marked the end of a two-year, 11-month hiatus – the longest pause since the Ministry of Justice began publicly disclosing the names and crimes of death row inmates in 2007. With this execution, Japan has reaffirmed its place within the shrinking group of nations that continue to execute their captive citizens.

Just last September, the acquittal of 89-year-old Hakamada Iwao – once the world’s longest-serving death row inmate after spending nearly 50 years in prison, mostly on death row in solitary confinement with the ever-present threat of execution – threw a harsh spotlight on the systemic flaws in Japan’s criminal justice system. In the aftermath of this egregious miscarriage of justice, Hakamada’s release drew international scrutiny on the continued use of the death penalty in Japan, and it seemed that it might act as a welcome turning point.

A 16-person expert panel made up of legislators, academics and law enforcement officials was convened in response to pressure from the Japan Federation of Bar Associations to consider the country’s use of capital punishment. Their findings, which were presented to Prime Minister Ishiba Shigeru, concluded that Japan’s criminal justice system and use of the death penalty is riddled with problems that can no longer “remain ignored,” warning that it “must not continue in its present form.”

Yet progress has been slow on advancing an initiative unanimously recommended by the panel, which called for the establishment of an official council under the Diet (Japan’s Parliament) and Cabinet to carry out a comprehensive, government-led review of the death penalty system. The panel further urged that executions should be put on hold until this commission reached its conclusions. Critically, they warned that miscarriages of justice are a real and pressing concern and emphasised the need for greater transparency with the public.

Iwao Hakamada
Conditions of death row and executions in Japan remain shrouded in secrecy – but what information is known is routinely met with extensive criticism and places Japan in breach of its obligations under international law. People on death row are kept in solitary confinement and have limited contact with family and people outside of prison. In the case of Hakamada, the emotional damage inflicted by his isolation over more than four decades has affected his ability to communicate. When executions take place, defendants are typically given only a few hours’ notice, and their families are usually informed only after it has taken place. Japan carries out executions by hanging – a method that, as acknowledged by the Osaka District Court in 2011, can take more than two minutes for the person to lose consciousness, during which time they may continue to experience significant pain.

Every five years, the Cabinet Office conducts a national survey on public attitudes toward the death penalty. In the most recent survey, released in March 2025, 83.1% of respondents said the death penalty was “unavoidable.” While the government often cites such figures to justify retaining the death penalty, it continues to withhold most details surrounding executions. This lack of transparency prevents the public from accessing critical information that could substantially inform their views. As a result, public opinion – formed without full awareness of the procedural realities and potential flaws of the system – cannot be reliably used as a legitimate basis for retaining capital punishment.

Additionally, in the national survey approximately 62.2% of respondents endorsing the death penalty cited concern for the feelings of victims and their families as a key rationale. But this justification relies on an oversimplified narrative: victims’ families are not a uniform or static group – their perspectives can differ significantly and may shift over time. In fact, research suggests that the capital punishment process itself can retraumatise bereaved families.[1] Despite the frequent invocation of victims’ feelings in public discourse, there is a lack of robust empirical research into how victims’ families in Japan actually experience and perceive the death penalty. Until such research is undertaken, claims – and indeed reliance on – their views should be approached with caution.

Adding to the controversy, last month’s execution was carried out whilst a constitutional challenge to the practice of executing without adequate notice is pending before the Japanese Supreme Court. A challenge to the legality of hanging is separately making its way through the courts. This decision to execute, especially against the backdrop of these challenges, as well as the recent exposure to a grave miscarriage of justice, is a flagrant violation of Japan’s obligations under the International Covenant on Civil and Political Rights (ICCPR) and demonstrates a profound disregard for the rule of law. If the state continues to put people to death, whilst the legality of the system of execution is before the courts and there are calls for a government led review into the death penalty system, Japan is inevitably careering towards the execution of an innocent person.

The Japanese authorities should immediately introduce a moratorium on executions as a first step towards abolishing the death penalty entirely – anything less will continue to damage Japan’s reputation as a country that respects human rights and the rule of law.

[1] See forthcoming research by Dr Amelia Inglis on victims’ families’ experiences of the capital process, to be published by the Death Penalty Project and the Death Penalty Research Unit in September 2025.

Source: blogs.law.ox.ac.uk, Saul Lehrfreund, Kate Arthur, July 24, 2025. Saul Lehrfreund is Co-Executive Director of The Death Penalty Project. Kate Arthur is Communications Lead at The Death Penalty Project.




"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)

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.

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."

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.

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.” 

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.

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.

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.

Kuwait | New Anti-Drug Law Introduces Death Penalty, Surprise Testing, and Strict Enforcement

KUWAIT CITY, Nov 26: Divorce rates in Kuwait are rising, with recent statistics indicating that addiction—particularly among wives—has become a significant contributing factor. In response, authorities are preparing to introduce surprise premarital drug testing as part of a broader set of reforms under Kuwait’s new drug law. The countdown has officially begun for the enforcement of this new legislation, which was drafted by a judicial committee formed by the First Deputy Prime Minister and Minister of Interior, Sheikh Fahd Al-Yousef. The committee is headed by Counselor Mohammed Rashid Al-Duaij.