Japan | Abolition debate must continue after 1st execution in nearly 3 years: Editorial

The death penalty, Japan's ultimate punishment, has been carried out in the country for the first time in two years and 11 months. It is essential to pause and thoroughly reconsider whether this system should be kept or abolished.

As long as humans judge other humans, miscarriages of justice can never be entirely prevented. The case of Iwao Hakamada, 89, who was sentenced to death and later acquitted in a retrial, is a stark reminder of that reality.

Hakamada was confined for nearly half a century, and the relentless fear of execution eroded his mental health. In his retrial, the court acknowledged that investigative authorities had fabricated evidence against him.

In response to calls from the Japan Federation of Bar Associations, an expert panel to reconsider Japan's capital punishment system was established in 2024. The panel, which includes lawmakers, former and present prosecutors and a former police chief, released a report concluding that the death penalty has "numerous issues that cannot remain ignored" and that the system "must not continue in its present form."

The panel recommended setting up an official body under the Diet or a similar institution to fundamentally reexamine the death penalty system. Despite this recommendation, progress from the government remains slow.

A 2022 scandal shook public confidence in the justice minister, who holds final authority on executions. Then Justice Minister Yasuhiro Hanashi was dismissed following a comment that his position was a "low-key post that only makes a top story in daytime news programs when stamping a seal on documents in the morning for execution."

The government cites public opinion polls showing about 80% of respondents consider capital punishment "unavoidable" as justification for keeping the system in place. But in France, despite public opinion favoring the death penalty at the time, the government chose instead to prioritize human rights and abolished the system in 1981.

About 60% of survey respondents in Japan supporting the death penalty listed consideration for the feelings of the victims' side as a key reason. While this is a perspective that must not be forgotten, it must also be recognized that the viewpoints of bereaved families vary from person to person and can change over time.

Adequate information disclosure is indispensable when debating whether the system should be kept or not. Yet, Japan remains reluctant to fully disclose relevant details. In the latest execution as well, the government revealed only the executed individual's name and an overview of the case. Not even the timing of the individual being informed about the execution was aired. Informing death row inmates of their impending execution immediately beforehand has drawn criticism as a violation of human rights.

Life is the foundation of human rights. The principle that even a state has no right to infringe upon this right has become increasingly widespread. In fact, some countries retain the death penalty system itself but have suspended executions.

Once a death penalty has been carried out, it is irreversible. Japan should engage in deeper discussions, envisioning the eventual abolition of capital punishment.

Source: mainichi.jp, Editorial Board, July 14, 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

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