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)

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 .

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.

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. 

Iran executes Esma Zarei in Ardabil Prison after she gave birth in custody

Hengaw – Saturday, May 23, 2026. Iranian authorities have executed Esma Zarei, a 28-year-old Turkish woman from Parsabad in Ardabil Province, who had previously been sentenced to death on charges of “premeditated murder” in connection with the killing of her husband. She is the sixth woman executed in Iran since the beginning of 2026. According to information received by Hengaw Organization for Human Rights, Zarei was executed at dawn on Wednesday, May 20, 2026, in Ardabil Central Prison. She had been sentenced to qisas (retribution-in-kind) after being convicted of her husband’s murder.

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.

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...

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...

Iraq: German schoolgirl, 17, turned jihadi bride escapes death penalty and is jailed for six years

GERMAN Jihadi bride Linda Wenzel has been jailed for six years in Baghdad for her role as an Islamic enforcer with terror group ISIS. Wenzel, 17, who last year sobbed on TV “I have ruined my life,” could have faced the death penalty. German media reported that a German embassy representative in Iraq was in court yesterday to witness her sentencing. She received five years for joining IS and one year for entering Iraq illegally. Wenzel was found in the rubble of IS stronghold Mosul back in the summer of 2017. Charges were laid against her and three other German women captured with her. Schoolgirl Wenzel fled to Turkey then into Syria last year from her hometown of Pulsnitz in eastern Germany after being groomed online by a Chechen IS fighter who she married. He was killed in the savage fighting for Mosul while she was employed by the terror group enforcing the strict Islamic dress code on women in the city. She burst into tears after her capture and said s...

Florida | Jury recommends death for Otto Lenke, judge to make final call

FORT PIERCE, Fla. — A St. Lucie County jury recommended the death penalty for Otto Lenke on Thursday in the penalty phase of his first-degree murder trial, though the final decision rests with the judge. Lenke, 66, a former Melbourne police officer and Indian River County firefighter , was convicted earlier this month of first-degree murder and first-degree arson in the Feb. 17, 2021, killing of Richard Benson at Fast Frank’s Custom Cycle Components, Benson’s motorcycle repair shop in Fort Pierce . Prosecutors said Lenke shot Benson multiple times inside the shop, then poured a flammable liquid on him and set him on fire while he was still alive. Surveillance video from the shop captured the attack.