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)

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.

Saudi Arabia | Two Pakistanis executed for drug smuggling

Two Pakistani nationals have been executed for the crime of drug smuggling In the Saudi city of Makkah. According to a statement issued by the Saudi Ministry of Interior, the two Pakistani citizens attempted to smuggle heroin and other narcotics into Saudi Arabia by concealing them in different parts of their bodies, after which they were arrested. Authorities said that after the crime was proven, the court handed down the death sentence.  Following the rejection of appeals against the verdict by the Supreme Court, a royal decree was issued to carry out the sentence.

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.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Rights groups condemn new record number of executions in Saudi Arabia

Saudi Arabia has surpassed its record for the number of executions carried out annually for a second year in a row. At least 347 people have now been put to death this year, up from a total of 345 in 2024, according to the UK-based campaign group Reprieve , which tracks executions in Saudi Arabia and has clients on death row. It said this was the “bloodiest year of executions in the kingdom since monitoring began”. The latest prisoners to be executed were two Pakistani nationals convicted of drug-related offences. Others put to death this year include a journalist and two young men who were children at the time of their alleged protest-related crimes. Five were women.

Florida’s execution pace tests the limits of the law — and its workforce

When something goes wrong, prison staff absorb the consequences. Florida’s execution pace is testing the limits of the law — and its workforce. I spent years inside Florida’s execution chamber as warden of Florida State Prison, personally overseeing three executions. I know what it takes to carry out a death sentence, and it permanently changed my view of capital punishment. That experience is why a recent lawsuit filed by death row inmate Frank Walls in advance of his scheduled execution Thursday should concern every Floridian.

Florida executes Frank Walls

Florida executes man convicted of killing airman and girlfriend in 1987 home invasion. Frank Walls, put to death for 1987 double murder, confessed to 3 other killings; state carries out 19th execution of year. Florida executed a man Thursday convicted of fatally shooting a man and a woman during a home invasion robbery and who later confessed to 3 other killings, marking the state’s 19th execution of the year. Frank Athen Walls, 58, received a 3-drug injection at about 6 p.m. at the Florida State Prison near Starke and was pronounced dead at 6:11 p.m. He was sentenced to death in 1988 after convictions on 2 counts of murder, 2 counts of kidnapping and burglary and theft. 

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

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.