Workshop & Release
Death Penalty and Retrial in Japan
— Why does the Japanese Government still maintain the death penalty and continue to violate the right to life and human rights? —
Speaker Introduction (Partial - in no particular order):
Shinichi Ishizuka (Emeritus Professor, Ryukoku University and Representative Director of Criminal Justice Future, a General Incorporated Association)
Sangyum Kim (Professor of the Faculty of Law, Ryukoku University)
Henning Rosenau (Professor of the Faculty of Law, Martin Luther University Halle-Wittenberg)
Luís Greco (Professor of the Faculty of Law, Humboldt University of Berlin)
The purpose of the project:
Japan still has the death penalty and the method of execution is by hanging. Also, retrial is as difficult as putting a camel through the eye of a needle.
Although Japan has a political system involving a separation of powers that balances the legislature, executive, and judiciary, even when the court is in the midst of a trial for a retrial, the Minister of Justice may suspend retrial proceedings and order the execution of the death penalty.
The retrial proceedings for Iwao Hakamada (87 years old, male), who is seeking to overturn his wrongful conviction, have commenced at the Shizuoka District Court. However, prosecutors are trying to delay the retrial.
In the Osaki case, Ayako HARAGUCHI (96 years old, female), who was sentenced to 10 years' imprisonment, began her activities to request a retrial after her release from prison. Although there have been three judgements in favor of initiating a retrial, each decision has been overturned by the superior court, and a fourth retrial request is currently pending before the Supreme Court.
Against this background, three lawsuits by death row inmates and others continue in Osaka. These regard decisions to execute a death penalty pending retrial, same-day notifications and immediate execution of the death penalty, and three administrative and compensation lawsuits challenging the cruelty of the hanging method.
On September 4, 2023, from Berlin, in the heart of Europe, we, a team of researchers and lawyers calling for reform of Japan's death penalty and retrial system, held this "Workshop and Press Release" to highlight the Japanese government's human rights violations and to call for cooperation in reform from those around the world who are striving to secure life and rights. We hope that you will listen to our voice.
Program (Tentative) *CEST 1:00PM - 5:00PM
1:00 PM Opening: Explanation of the purpose of the project "Death Penalty and Retrial Proceedings in Japan" (Emeritus Prof. Dr. Shinichi Ishizuka, Ryukoku University)
1:20 PM Part 1 (Moderator: Prof. Dr. Henning Rosenau, Martin Luther University Halle-Wittenberg )
Report 1: "The Case of HAKAMADA - The Retrial Process that Started After 47 Years of Imprisonment"
Report 2: "Drafting the Retrial Proceedings Law - There is No Legislation on Retrial Proceedings in Japan”
Report 3: "Human Rights Lawsuits against Death Row Inmates - A Trial Challenging the Rights of Death Row Inmates Began in OSAKA”
2:20 PM to 2:50 PM = Break =
2:50 PM Part 2 (Moderators: Prof. Dr. Henning Rosenau, Universität Halle/ Emeritus Prof. Dr. Shinichi Ishizuka)
4th Report: "Retrial in Japan - Insights from Researchers"
Comment 1: "Japan's Death Penalty" (10 minutes)
Comment 2: "Japan's Death Penalty" (10 minutes)
Comment 3: "Comments from Germany" (10 minutes)
3:50 PM Discussion (60 minutes)
4:50 PM Summary and Closing Remarks (10 minutes)
Participation fee is free.
We plan to distribute resumes in English.
Advance registration is required.
*The recorded video will be archived and available for streaming at a later date (for a limited period).
*The viewing URL will be provided in a confirmation email after registration.
Hosted by:
Criminal Justice Future (CJF), a general incorporated association.
Co-organized by:
Research Center of Criminal Justice and Wrongful Convictions (RCWC); Prof. Dr. Luis Greco, LL.M., Humboldt University of Berlin.
Cooperation: Prof. Dr. Henning Rosenau, Martin Luther University Halle-Wittenberg.
Supported by:
Criminology Research Center, Ryukoku University, TKC Corporation, CrimeInfo, non-Profit Organization, and others.
Sponsored by: Eleos Justice, Monash University, Innocence Project Japan (IPJ), FORUM90, and others.