Tag Archives: Death Penalty

Japan’s Hanging Method Criticized by U.S. Occupation Officials More than 60 Years Ago

 An important document concerning the capital punishment in Japan was found recently. The document showed that the U.S. occupation officials raised concerns about the execution by hanging. The method is still used today. Read here about how the executions are carried out in Japan.

 From The Asahi Shimbun:

U.S. occupation officials criticized Japan’s hanging method

By GEN OKAMOTO/ Staff Writer

U.S. occupation officials in 1949 raised concerns about how Japan executed prisoners, saying the condemned were not dying quickly enough under the hanging method that is still used today, a document showed.

The concerns were expressed in an internal document from the General Headquarters of the Supreme Commander for the Allied Powers (GHQ) that was found in the National Diet Library by Kenji Nagata, an associate professor of law at Kansai University.

“The document shows that issues were being raised about the hanging method used in Japan from more than 60 years ago,” Nagata said.

The internal document was written by an official in the Civil Intelligence Section (G2) of GHQ and dated Sept. 2, 1949. The subject of the memo is “Executions, Japanese Prisons.”

In the document, an official in the Nagoya area is quoted as calling for a change in capital punishment “so as to effect rapid and more humane death of the subject.”

The statement indicates the official wanted Japan to employ hanging methods then in use in the United States that severed the neck vertebrae to instantly kill the prisoner.

The official in charge of prisons in G2 says in the document that the matter would be brought up with the director of the correction and rehabilitation bureau of what is now the Justice Ministry.

The document was originally kept in the U.S. National Archives and Records Administration. A copy has been kept at the National Diet Library’s Modern Japanese Political History Materials Room.

Another GHQ internal document showed that 79 people were executed during the occupation period, and the average time before the individual was confirmed dead was about 14 minutes.

Japan’s hanging method has come under fire because those executed do not die quick deaths. Critics say the method violates Article 36 of the Constitution, which states “cruel punishments are absolutely forbidden.”

In a criminal trial held in 2011 at the Osaka District Court, a former prosecutor testified, “At one execution that I witnessed while working as a prosecutor, it took about 13 minutes before the individual died.”

Japan has used hanging for capital punishment since 1873.

 

Supreme Court Rejects to Reopen Nabari Case…

Previous posts on Nabari Case here, here and here. This is a murder case from 1961. The defendant, Masaru Okunishi is critically ill, awaiting his execution on a prison hospital bed.

From Mainichi.jp:

Top court rejects petition to reopen 1961 murder case

TOKYO (Kyodo) — The Supreme Court said Thursday it has turned down a petition by a death row inmate for a retrial over a 1961 murder case in which five women died after drinking poisoned wine in Nabari, central Japan.

In the seventh plea for a retrial, the defense team for Masaru Okunishi, 87, presented an expert opinion that the poison used in the crime was not tetraethyl pyrophosphate as determined in the final ruling.

However, the top court’s No. 1 petty bench unanimously rejected the petition, saying the pesticide could have been used as the poison as Okinishi had initially confessed.

In response, the defense team said it plans to file another plea for a retrial with the Nagoya High Court in the near future.

The case involves the poisoning of 17 people on March 28, 1961, at a local community meeting in Nabari, Mie Prefecture. Five, including Okunishi’s wife, died and 12 fell sick.

The Tsu District Court acquitted Okunishi in 1964 for lack of evidence, but the Nagoya High Court handed him a death sentence in 1969, finalized by the Supreme Court in 1972.

Accepting his petition for a retrial, the high court decided in 2005 to reopen the case and suspend the execution, but another panel of the high court nullified the decision the next year, accepting the appeal of prosecutors.

His petition was again rejected by the high court last year after having the case sent back by the top court, leading Okunishi to file a special appeal to the Supreme Court.

Okunishi has experienced deteriorating health and is in a serious condition at a medical prison in Hachioji in the western suburbs of Tokyo, where he has been held since May.

October 17, 2013(Mainichi Japan)

73 Year-Old Inmate Executed on Sep. 12, 2013 in Japan

From the Japan Times:
Death-row inmate, 73, sixth executed under Abe Cabinet
by Tomohiro Osaki Staff Writer
Sep 12, 2013

Tokuhisa Kumagai, 73, was put to death after Justice Minister Sadakazu Tanigaki signed the order for the execution, the sixth under the Cabinet of Prime Minister Shinzo Abe, who took office last December.

About a month after the slaying, Kumagai attempted another robbery during which he shot an employee at Shibuya Station in Tokyo. The station worker narrowly escaped death, but was partially paralyzed.

For this incident, Kumagai was convicted of attempted murder and attempted robbery.

He was also convicted of attempted arson and robbery for earlier incidents.

During a hastily arranged news conference after the hanging, Tanigaki denounced Kumagai’s crimes as “extremely flagrant,” saying the murder and other transgressions were motivated by selfishness and caused immeasurable pain to the families of the victims.

“As a matter of fact, his acts were scrutinized by the courts numerous times, and I myself repeatedly gave them serious considerations before signing the final order,” Tanigaki said. Continue reading

Two Executions in Japan…

Two inmates were hanged in Japan yesterday. It seems like the number of executions are increasing in Japan in recent years…

Read more here about the death penalty in Japan and how executions are carried out.

From the Japan Times:

Two inmates hanged for yakuza slayings

by Tomohiro Osaki, Staff Writer

Apr 26, 2013

The inmates were Yoshihide Miyagi, 56, and Katsuji Hamasaki, 64, the Justice Ministry said.

Members of a yakuza syndicate, the pair were convicted of conspiring with an accomplice to gun down two rival gangsters at a family restaurant in Chiba Prefecture in 2005.

The human rights watchdog Amnesty International immediately condemned the hangings, saying the fast pace of executions by the LDP-led government tells the world that Japan is determined to ignore calls by the international community to abolish the death penalty. Continue reading

Life Sentence Without Parole as an Alternative to Death Penalty?

From the Japan Times:

Opinion divided on life term without parole

by Daisuke Sato (Last In A Series), Feb 21, 2013

A 44-year-old man serving a life sentence in a prison in the Chugoku region believes that continuing to live a respectable life is the only atonement he can make for the families of the two people he killed.

The inmate, who has now served 15 years, has been behaving well and prison guards often describe him as an “exemplary” prisoner.

He was initially sentenced to death by a district court. However, a high court determined that there was a possibility he could be rehabilitated and reduced the punishment to a life term. This sentence was later finalized.

“The death penalty may have been upheld” if his trials had been conducted today because sentencing has gotten tougher, the inmate said in an interview in the prison’s visiting room.

Technically, inmates serving life terms can be released on parole if they serve 10 years, demonstrate signs of reform and meet other requirements. The reality, though, is that the period such inmates are actually serving has been getting longer, recently reaching an average of about 30 years, according to data released by the Justice Ministry.

Even so, the Chugoku inmate is happy just for the opportunity to atone. Continue reading

Three Executions in Japan Today (Feb. 21, 2013)

Three executions were carried out today in Japan. These were the first executions since Shinzo Abe (Liberal Democratic Party) became the Prime Minister in December 2012.

The three men executed today were Masahiro Kanagawa (at the Tokyo Detention Center), Keiki Kano (Nagoya Detention Center), and Kaoru Kobayashi (Osaka Detention Center). Justice Minister Sadakazu Tanigaki, who has the ultimate power to order execution of death row inmates, did not comment when and why these three were chosen.

One of the three men, Kobayashi, was convicted of kidnapping and killing a 7-year-old girl in 2004. After he was sentenced to death by the Nara District Court, he withdrew his appeal, saying that he did not want to live anymore. However, he filed a motion for a retrial in 2008 (the motion was rejected by the Nara District Court).  Shinichi Ishizuka, who was Kobayashi’s attorney, commented: “Kobayashi was frustrated that he could not appropriately raise the fact that he did not act with the intent to kill the victim at the trial. We were preparing to file for a retrial again. We regret the fact that he was executed before he could have his day in court” (this paragraph is from the Mainichi (in Japanese)).

Justice Minister Tanigaki told the press that if there are problems within the current system of capital punishment, they should be fixed. However, he also commented that he does not think an overall reform is needed. Tanigaki did not witness the executions today, since it is very uncommon for a Justice Minister to do so.

As of December 2012, there were 133 inmates on death row, a record-high number.

Read more about today’s news in English here (the Mainichi), and here (the Japan Times).

Numerous organizations immediately issued statements criticizing today’s executions: Japan Federation of Bar Associations,  Amnesty International, and Center for Prisoners’ Rights (all in Japanese).

Read more about the death penalty on this blog (ex. here, here, here and here).

Death by Hanging — How Executions are Carried Out in Japan

Here are two articles published by the Japan Times today on death penalty in Japan.

One describes how executions are actually carried out in Japan, and the other tells a story of the mother of a man who was hanged.

Death's door: Several buttons — one of which opens the gallows' trapdoor (right), executing condemned prisoners — are seen at the Tokyo Detention House in August 2010.

  • Death’s door: Several buttons — one of which opens the gallows’ trapdoor (right), executing condemned prisoners — are seen at the Tokyo Detention House in August 2010. | KYODO

Sides weigh in on hangings but mute on death penaltY, Discussions under DPJ rule on executions remain secret

by Daisuke Sato  and Takuro Iwahashi

Kyodo

First in a series on hangings. In the execution chamber, a red lamp near the ceiling lights up, the chief detention officer gives the signal and five guards each press a button, one of which triggers the trapdoor of the gallows.No one will ever know which button actually opened the door. Continue reading

Murder of One Gets Death Sentence

Read about the current state of capital punishment in Japan here.

A 30-year-old man from Osaka was sentenced to death last week. What was unusal about this sentence is that the defendant had no prior criminal record, and that it was a case involving the death of a single victim.

In the 1983 Nagayama decision, the Supreme Court stated that the courts must be extremely cautious to impose the death penalty. It stated that they could impose death penalty only where the below stated nine factors were considered and where the death penalty is deemed compelling.

The nine factors are: seriousness of the offence, motive, how the crime was committed; especially the manner of the murder, seriousness of the outcome of the crime; especially the number of victims, sentiments of victim’s family members, impact on society, defendant’s age, prior record/ criminal history, and degree of remorse.

When the courts take these factors into consideration, it  is standard practice that they do not sentence one to the death penalty when the case involves a single victim and the defendant has no prior criminal record. Thus, the case last week came to a shock to many.

From the Japan Times:

Killer of one had no rap sheet, sentenced to hang

Kyodo, Feb. 16, 2013

In what appears to be a first in the judicial system, an Osaka man has been sentenced to hang for killing a woman even though there was only one victim and the perpetrator had no previous criminal record.

Judge Kosuke Morioka of the Okayama District Court, presiding over a panel of professional and lay judges trying Koichi Sumida, 30, said Thursday the victim was also sexually assaulted, making the case “grave.”

Sumida’s lawyer immediately appealed the sentence. Continue reading

More on Recent Executions in Japan

As I posted here, two executions were carried out in Japan on September 27. Here are details of the executions.

From the Japan Times (Sept. 29, 2012):

 

Two hanged, including a female cult leader

By Hiroko Nakata
Staff writer

Two inmates were executed Thursday, including a female cult leader convicted of murdering six of her followers.

It was the second round of hangings in two months and the third set since Prime Minister Yoshihiko Noda took office in September 2011.

The latest hangings brought the total under his administration to seven. In the previous round on Aug. 3, two convicted murderers were hanged.

One of the prisoners put to death Thursday was 65-year-old Sachiko Eto, who was hanged in Sendai. Records indicate she was the fourth woman executed since 1950. Continue reading

Two Executions in Japan Today…

Two executions were carried out in Japan on September 27, 2012…

These were the sixth and seventh executions this year (three were carried out in March and two in August).

My previous post on the death penalty debates and recent executions in Japan here. Are we going to continue sending people to the garrows without an open and reasonable debate?

I will post the details later.

Alabama says “No” to DNA Testing as Execution Day Approaches

Oprah’s “Our America” episode “Innocent Behind Bars” features Ohio Innocence Project Director Mark Godsey, editor of this blog and international expert on the topic, in this video clip published yesterday. Godsey is speaking here about the execution of Thomas Arthur, scheduled soon in Alabama. Arthur was convicted of the 1982 murder of Troy Wicker. On death row for more than 20 years, he’s always claimed innocence. Godsey freely admits that he doesn’t know if Arthur is guilty or not. He’s not alone in that stance, which is why he’s Continue reading

Two Executions in Japan……

A very disappointing news from Japan…

There has still been no wide and open debate on the issue of death penalty in Japan, but executions are being carried out…

Statements from various organizations ensued. Read the statements by Japan Federation of Bar AssociationsCenter for Prisoner’s Rights, and Amnesty Japan (in Japanese).

Read about the death penalty issues in Japan here and here.

*************************

Here is an article on Friday’s executions by Japan Times staff writer Mizuho Aoki:

Two death-row inmates were hanged Friday, in Tokyo and Osaka, in the second round of executions this year after three men went to the gallows in March.

Friday’s hangings were the first ordered by Justice Minister Makoto Taki, who assumed the post June 4. Prisoners on death row now number 130.

Junya Hattori, 40, and Kyozo Matsumura, 31, were hanged because “there was no uncertainty surrounding their convictions,” said Taki, who supports the death sentence.

Hattori, who was hanged at the Tokyo Detention House, raped a 19-year-old university student in the city of Mishima, Shizuoka Prefecture, in his car and burned her to death in January 2002.

Matsumura was executed in the Osaka Detention House for the robbery-murders of a 57-year-old aunt in the city of Nagaokakyo, Kyoto Prefecture, and a 72-year-old uncle in Sagamihara, Kanagawa Prefecture, within eight days in January 2007.

“I signed documents authorizing the executions after carefully considering each case,” Taki told journalists Friday afternoon.

“As I said when I assumed the post, unless there is any uncertainty concerning a conviction, a justice minister should respect the trial process and the decision of the court,” he said. Continue reading

Recent Developments in Death Penalty Debates in Japan

Since I last posted about the country’s death penalty debates, there have been some developments.

(1) The process of the issuance of death warrants (for the 12 people who were executed since 2009) was revealed for the first time in history. The Ministry of Justice disclosed related documents including the Order of Execution. It became clear that the Minister of Justice (who orders the execution) does not sign the Order him/ herself. Even the official seal of the Minister is done by a staff member. The Minister’s sign appears on another document named “Conclusion of Review of Death Penalty Case (Suitable for Execution)“. How the candidates for the next executions are chosen remained unclear.

The issuance, review, approval and order documents were all on the same date and the actual execution was carried 2 to 4 days thereafter. The process is extremely fast.

(2) New Minister of Justice, Minoru Taki was appointed on June 4th. He is a member of a group of supporters for Iwao Hakamada, a death row inmate. He told the media that now that he is the Minister, he  may withdraw from the membership. In addition, he told the media that he will consider executing death row inmates, since that is his job as the Minister.

(3) Ministry’s top three officials have been discussing (closed from the public) about the method of execution. On June 6th, they decided that they will consider the lethal injection method, currently employed in the United States. They are to conduct a research on why the U.S. decided to employ the lethal injection method in the 1970s.

(4) Meanwhile, the opponents to death penalty are raising their voices. Read an excellent report by the Japan Times on an International Symposium which was held in Tokyo on June 1st here (in English).

Excerpt:

……With international pressure growing against Japan to scrap the system, abolitionists, scholars, lawmakers and law enforcement officers from Japan, Norway and the U.S. recently gathered in Tokyo to spread their message that capital punishment neither prevents crime nor comforts the victimized. Continue reading

Still a Long Way to Abolishing Death Penalty in Japan?

As Carole posted today, it has been 10 years since the signing of European Protocol 13, which abolished the death penalty. According to Amnesty International, more than two thirds of the countries in the whole world are either abolitionist or abolitionist in practice.

There is (I’d like to say) a trend in the United States towards abolition. So where is Japan at?

As I have posted here through Mark, Justice Minister Toshio Ogawa sent three people to gallows in March this year.

Just before he signed the order for the executions, he terminated Justice Ministry’s internal study panel on death penalty. In 2010, the then Justice Minister Keiko Chiba set up the panel to review whether to retain or abolish the death penalty and discuss about the conditions on death row. It aimed to get the debate going in the country, and was supported by Chiba’s successors.

However, Ogawa terminated the study panel and cancelled the plans to set up another discussion panel with experts on the matter. Continue reading

Watch an International Symposium on Death Penalty Online!

The delegation of the European Union (EU) to Japan will hold an International Symposium “Towards Death Penalty Abolition: European Experience and Asian Perspectives” at Waseda University (Tokyo) tomorrow. You can watch the symposium online here!

The symposium will start at 13:30 on Wednesday, 18 April, 2012 (Japan Standard Time =5:30 on 18 April GMT, 0:30 on 18 April EST).

There will be speakers from EU, Asia and the USA. Speakers will include former Japanese Justice Minister Hideo Hiraoka, Mongolia’s Presidential Advisor Sosormaa Chuluunbaatar, Professor William Schabas (National University of Ireland), David T. Johnson (University of Hawaii) and more. Simultaneous interpretation is available.

Click here for details of the Symposium.

 

One More Reason to Worry about Death Penalty in Japan

Many facts surrounding death penalty in Japan are unclear, including how exactly the candidates for the next execution are chosen and when they will be executed. It is up to the Justice Minister to sign the final death warrant. Read here and here about recent executions in Japan.

The following news was revealed yesterday. (Courtesy of Professor Kenji Takeuchi (Kyushu University))

Former Justice Minister Eisuke Mori, while in office in 2009, ordered senior officials of the Ministry to consider putting death row inmates on the list of candidates for execution, even if they were seeking retrial. Fortunately, his intensions were not fulfilled at the time.

The factors that Ministry of Justice takes into consideration when picking candidates are not clear. Nevertheless, it has been indicated in the past Continue reading

Recent Developments in 46 Year-Old Hakamada Case

Iwao Hakamada is a 76 year old death row inmate at Tokyo Detention Center, who was convicted of the 1966 murder of a family of four, a crime he claims he did not commit. He has been held in confinement for over 45 years.

Recent developments have given Hakamada and his supporters a beacon of hope. The result of a DNA analysis on bloodstains found on a T-shirt came back. The T-shirt was claimed to have been worn by Hakamada at the time of the crime and was a crucial piece of evidence at the original trial. Although the stains on the right shoulder of the T-shirt were alleged to have come from him at the original trial, the new findings by DNA experts stated that the DNA type did not match his.

Supporters for Hakamada claim that this finding very well supports the long claimed theory: the main pieces of evidence were planted by the prosecution during his original trial. The prosecutors say they reserve comment until they finish analyzing results.

Hakamada was sentenced to death in 1968 Continue reading

Exonerated Former Death Row Inmate is Living Proof of Wrongful Execution Risk

Ray Krone was a former supporter of the death penalty in the U.S. when he believed that it was fair punishment for the worst-of-the-worst monsters in our society. That was before he was wrongfully portrayed by police and prosecutors as one of those monsters.

A seven-year postal worker, who had served in the military and had no criminal record, Krone was wrongfully convicted on dubious bite mark evidence of the murder of a 36-year-old Phoenix woman in a bar where she worked.  He was sentenced to death and spent more than ten years in prison before crime scene DNA proved his innocence and linked to Kenneth Phillips, an incarcerated felon who had lived near the victim.

Ray Krone, the 100th death row inmate freed due to innocence since reestablishment of the death penalty in the U.S. in 1976, now works for Continue reading

More Executions will Follow — Justice Minister Says

An execution chamber at the Tokyo Detention Center which was revealed in 2010 for the first time

Justice Minister Toshio Ogawa, talking about his recent decision  to execute three inmates, says that he will not hesitate to send more death row inmates to the gallows.

He stated that there is a broad support for death penalty in the Japanese society and as a justice minister he has a duty to issue executions. He emphasized that lay judge trials have resulted in death sentences and the majority of the population supports capital punishment in recent surveys.

His two predecessors had different views on execution, which resulted in a 20-month blank period of executions. Satsuki Eda, then Justice Minister expressed reservations in August 2011 that it is time to consider the issue. Ogawa’s immediate predecessor Hideo Hiraoka also emphasized the need for a national debate. Read more about Ogawa’s views on death penalty here.

Although Ogawa suggested that those death row inmates who are seeking retrial are unlikely to be executed, the standard for determining who will be executed is still unclear. Recently, it was revealed that there was an instance in 2004 where an inmate who was preparing to request a retrial became a candidate, and execution was averted at the last minute. Read more about this news here (in Japanese).

小川敏夫法相は、3月29日の死刑執行後、法務大臣としての職責として、今後も死刑を執行することを検討すると話した。法相は、裁判員裁判でも死刑が言い渡されていること、世論調査において死刑制度への支持が高いことを強調した。

再審請求中の死刑確定者については、執行の対象としないことも示唆された。しかし、2004年には、再審請求に向けて準備中の死刑確定者が死刑執行の候補者リストに入れられ、執行命令直前になって法務省が事実を確認し、候補者から除外したという事件があったことも最近明らかにされている(中国新聞2012年4月3日報道)。