Workshop & Release Death Penalty and Retrial in Japan
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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.
Note:
*Hakamada Case
On June 30, 1966, a robbery, arson, and murder case occurred in SHIZUOKA Prefecture, and a man called HAKAMADA was arrested as a suspect on August 18. Hakamada insisted on his innocence, but after a torturous and lengthy interrogation process, a confession was accepted and he was convicted at the first trial. On December 12, 1980, he was sentenced to death by the Supreme Court, and after two requests for a retrial, on March 27, 2014, the Shizuoka District Court decided to begin a retrial and suspended his detention, releasing him from the Tokyo Detention Center after 47 years and 7 months. HAKAMADA has been suffering from imprisonment symptoms and other ailments caused by his years of solitary confinement.
The SHIZUOKA District Public Prosecutor's Office immediately appealed the decision to start the retrial, and in June 2018, the Tokyo High Court decided to overturn the decision to start the retrial, but the defense filed a special appeal, and the Supreme Court overturned the High Court's decision and sent the case back to the High Court. However, the prosecution is still fighting the facts of the case and trying to unnecessarily prolong the trial. HAKAMADA, now 87 years old, suffers from a severe reaction to imprisonment. His sister Hideko, who has supported him, is 90.
This is the fifth post-war retrial of a death row inmate in Japan, but the other four cases were all in the 1980s, so no one has returned from death row in the past 35 years.
*Osaki Case
In October 1979, a man was found dead in Osaki City, KAGOSHIMA Prefecture. In March 1980, the KAGOSHIMA District Court found Ayako HARAGUCHI guilty of murdering her sister-in-law and brother; in January 1981, the Supreme Court rejected her appeal and upheld her 10-year prison sentence.
The sister petitioned for a retrial, and in 2002 the Kagoshima District Court reversed the 2004 decision to initiate a retrial, and in 2006 the Supreme Court rejected a special appeal. In 2010, a second retrial was requested but denied. In a third retrial request, both the District Court and the High Court approved the initiation of a retrial, but in 2019, the First Petty Bench of the Supreme Court annulled the retrial request itself. The fourth retrial request, which began in March 2020, is currently pending before the Supreme Court. The applicant is now 96 years old.
* OSAKA District Court: Three Civil Lawsuits on Death Penalty
(1) A lawsuit filed by a former defense attorney in December 2020 seeking compensation from the state on the grounds that the execution of a death row inmate by order of the Minister of Justice during the retrial of a death row inmate violated his right to trial and right to counsel (Execution During Retrial Lawsuit).
(2) A lawsuit filed by a death row inmate in November 2021 seeking a declaration that the current practice of suddenly announcing the execution on the morning of the execution date and executing the inmate within one hour is illegal and that the plaintiff is not obligated to accept the death penalty, as well as compensation from the state (Lawsuit for Immediate Announcement and Immediate Execution).
(3) A lawsuit filed by a death row inmate in November 2022 seeking an injunction against execution by hanging on the grounds that it is a cruel, inhuman, and degrading method of execution (Hanging Lawsuit). Both civil cases are currently pending before the Osaka District Court.
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