Tag Archives: Japan

Breaking News: Osaki Case Wins a Retrial!

Kagoshima District Court granted a retrial for Ayako Haraguchi, who always maintained her innocence. She was convicted for a 1979 murder case, and served 10 years in prison. She filed her first request for a retrial in 1995. This was her 3rd plea for a retrial.

Previous post on the Osaki Case here.

From the Japan TimesContinue reading

Higashi Sumiyoshi Arson Case, Finally Acquitted Today.

I have posted several times about Higashi Sumiyoshi arson case. The Osaka District Court finally acquitted Ms. Keiko Aoki and Mr. Tatsuhiro Boku today.

From the Japan Times:

Retrial acquits Osaka woman, former partner in daughter’s 1995 fire death

Kyodo, Aug 10, 2016

The Osaka District Court acquitted a couple on Wednesday over the 1995 death of an 11-year-old girl, in a long-awaited retrial.

Keiko Aoki, 52, and Tatsuhiro Boku, 50, each served a little over 20 years for the murder of Aoki’s daughter in a house fire in Osaka Prefecture.

In the retrial, the court found no credibility in confessions that the pair allegedly gave during interrogation.

“I was given a complete acquittal. It was a great judgment,” Aoki said after the ruling.

She plans to sue the state for compensation for being deprived of liberty on false grounds. The pair were serving life terms when they secured the retrial.

It is the 10th case since 1975 in which a person sentenced to either the death penalty or life in prison has been acquitted in a retrial, according to the Supreme Court.

In Wednesday’s ruling, presiding Judge Goichi Nishino said none of the confessions made by Boku during investigations could be taken as evidence of guilt. The court similarly found no credibility in Aoki’s confession during investigations.

“There is a possibility that the two were forced into making false confessions after (investigators) instilled fear in them and applied excessive psychological pressure,” the judge said.

The ruling said the fire could have been accidental, adding that Boku’s confession contained nothing that could be considered first-hand insight.

The court also said it was possible that an interrogator coerced Boku into making an “unnatural” and involuntary confession.

But the court did not address the reason for the judiciary’s wrongful conviction, or apologize to Aoki.

Aoki and Boku were retried separately, with their verdicts given on the same day.

Prosecutors decided in March not to pursue fresh convictions against the couple as they could not prove the two were guilty of the crime in the retrial. The move effectively ensured the couple’s acquittal.

Aoki and Boku were convicted by the district court in 1999. Their conviction mainly relied on Boku’s confession that he spread gasoline inside a garage and set it on fire with a lighter.

Aoki and Boku have maintained their innocence throughout the retrials. They requested in 2009 that their cases be retried.

The couple were granted retrials by the court in 2012. The decision was upheld by the Osaka High Court last October and the two were subsequently released from prison.

But doubts were raised about Boku’s confession as evidence, following experiments conducted by both prosecutors and defense lawyers after their sentences were finalized by the Supreme Court in 2006. The experiments indicated the possibility that the garage blaze could have been accidental.

Another key piece of evidence that led to their retrials was an Osaka police diary detailing forceful police questioning.

The defense lawyers presented the diary during Aoki’s trial and also disclosed beforehand a portion of it to reporters.

In her retrial session in April, Aoki told the court she had falsely confessed to her daughter’s murder as she “felt like dying” after a prolonged interrogation by an investigator who continued to shout at her.

The couple were arrested in September 1995 on suspicion of lighting a fire that killed the girl at their Osaka home in July 1995. A life insurance policy had been taken out for the girl, then a sixth-grader in elementary school.

 

Monday’s Quick Clicks…

Monday’s Quick Clicks…

Retrial of the Higashi-Sumiyoshi Arson Case

I have posted several times about the Higashi-Sumiyoshi Arson Case. Keiko Aoki and Tatsuhiro Boku were released from prison after the Osaka High Court upheld the district court’s decision to start a retrial last October.  Here’s the latest news on the case.

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From the Japan Times,

Woman maintains innocence during retrial for daughter’s death in 1995 fire

Kyodo, May 2, 2016

A woman who served more than 20 years of a life term declared Monday during her retrial that she is innocent of killing her 11-year-old daughter in a 1995 house fire.

“I did not do it,” Keiko Aoki, 52, said at the Osaka District Court. “Neither did I conspire (in the girl’s death). I am innocent.”

Aoki is set to be acquitted on Aug. 10 along with her de facto husband Tatsuhiro Boku, 50, as prosecutors have decided not to pursue fresh guilty verdicts for the pair.

But the prosecutors did not request a not-guilty verdict in their closing arguments during Boku’s retrial last week, and have denied that police conducted unlawful investigations.

Aoki told the court she had falsely confessed to the murder of her daughter, and that she “felt like dying” after a prolonged interrogation by an investigator who continued to shout at her. Continue reading

Retrial Granted in a Case Involving Illegal Undercover Investigation

From the Japan Times (Kyodo) :

Japan court grants retrial to convicted Russian following ‘unfair’ undercover probe

Kyodo

The Sapporo District Court decided Thursday to grant a retrial to a Russian man who was sentenced to two years in prison for possessing a handgun in 1997, acknowledging he was convicted because of an “illegal undercover investigation” by local police.

Presiding Judge Koji Saeki granted the retrial to the former sailor, saying, “A collaborator in police investigations initiated a deal to exchange a handgun with a valuable secondhand car,” thereby prompting the Russian man to bring in the gun.

“It was an illegal investigation that induced” the crime, Saeki said. “The state that should be preventing crimes have created a crime involving a handgun, thereby threatening the life and safety of its citizens.”

The Russian man, 46, was arrested for violation of the firearms control law and sentenced by the same court in August 1998. His sentence was finalized after no appeal was made, and he served out the prison term. He now lives in Russia. Continue reading

Wednesday’s Quick Clicks…

Exoneree Sugiyama Dies at 69

A sad news: Takao Sugiyama died on October 27. He was exonerated in 2011 from a robbery-murder case (Fukawa Case) in 1967.  For more on Fukawa Case, read here.

From The Japan Times:

Man Acquitted in Retrial of ’67 Fukawa Incident Robbery-Murder is Dead at 69

From Jiji: 

A man sentenced to life in a high-profile 1967 robbery-murder known as the Fukawa incident, and acquitted in a later retrial, died on Oct. 27 at the age of 69, lawyers who fought for him in the case revealed Sunday.

Takao Sugiyama had been hospitalized after his health deteriorated around summer, according to the lawyers. Continue reading

Preparing for the Launch of a Network to Support the Wrongfully Convicted in Japan

In May of this year, scholars and attorneys concerned about wrongful convictions in Japan gathered in Kyoto and started to prepare for the launch of an Innocence Project in Japan. We are planning to launch the project in April 2016. Here’s an article about our project.

From the Japan Times:

New technologies, improved practices may boost number of criminal retrials

Kyodo, Nov. 2, 2015

The recent release of a couple from prison after a court ordered a 1995 arson-murder case reopened may allow more people convicted of serious crimes to get a second shot at proving their innocence.

Technical innovations in DNA forensic science modeled on practices in the United States, as well as introduction of the lay judge system, are creating a framework that could provide lawyers and those who may have been wrongly convicted with access to various experts to help bolster their cases.

But many hurdles remain on the road to change.

Keiko Aoki and Tatsuhiro Boku, who had been serving life sentences for lighting a fire that killed Aoki’s 11-year-old daughter, were freed late last month after 20 years behind bars.

The Osaka High Court concluded that a retrial was appropriate as the fire could have been accidental, citing the results of an experiment conducted by the couple’s lawyers to simulate the actual blaze.

Moreover, doubt was cast on confession by Boku, Aoki’s de facto husband, as the simulation demonstrated the fire could have been accidental.

In 1990, Toshikazu Sugaya was arrested and later sentenced to life by a Tochigi Prefecture high court for the murder of a 4-year-old girl. Key in the murder conviction was DNA evidence found on the victim’s clothing that prosecutors said matched Sugaya’s.

But with the primitive forensic technology at the time, more than eight out of every 1,000 people would have also drawn an identical DNA match.

After spending 17½ years in prison, a further DNA test in 2009 conclusively showed that Sugaya was innocent, and he was acquitted and awarded about ¥80 million in government compensation.

Perhaps even more sensational due to the international attention it garnered was the case of Govinda Prasad Mainali, a Nepalese man who was wrongly jailed for 15 years while serving a life sentence for the 1997 murder of a female Tokyo Electric Power Co. worker who reportedly had moonlighted as a prostitute.

The Tokyo High Court ordered a retrial after sets of exculpatory DNA evidence were linked to an unidentified man who had sexual contact with the victim just hours before her death. Mainali was released and deported back to his native Nepal after he was exonerated in November 2012.

Swabs of semen recovered from the woman’s body that the prosecution deemed too small of a sample to analyze using the existing technologies at the time were tested in 2011 and determined not to be from Mainali.

Mainali was later awarded ¥68 million in compensation for his wrongful imprisonment.

Former professional boxer Iwao Hakamada, who had been sentenced to death over the 1966 murder of four members of a family, was released after nearly 48 years behind bars when test results indicated that the DNA type from bloodstains detected on five items of clothing believed to have been worn by the culprit differed from Hakamada’s.

The blood was thought to be that of the attacker and determined unlikely to be from any of the victims.

Although Hakamada initially admitted to the charges, he changed his plea to innocent when the trial opened.

Prosecutors in Japan have a staggering 99 percent conviction rate. Confessions are in most cases considered the strongest evidence and acquittals are anathema to ambitious prosecutors and judges alike, experts argue.

Although it may appear that retrials are on the rise, many observers point out that without “convincing and fresh” evidence the courts remain reluctant to order retrials. And even with fresh evidence — unless it can conclusively prove a person’s innocence — requests for retrials have historically been denied.

Inspired by the U.S.-based Innocence Project, researchers in Japan aim to launch a support network next spring for people believed to have been wrongly convicted.

Mitsuyuki Inaba, a professor at the College of Policy Science and Graduate School of Policy Science at Ritsumeikan University, is spearheading the project. He has criticized the lack of remorse expressed by investigators in wrongful conviction cases and says more must be done to determine the root causes and prevent them.

“In the world of engineering, when an airplane accident occurs, a thorough investigation is conducted,” Inaba said. “But what on earth are the people involved in laws doing when serious human error is committed in the cases of wrongful convictions?”

The Innocence Project, which was founded in 1992 at the Benjamin N. Cardozo School of Law at Yeshiva University in New York City, is a nonprofit organization.

In questionable cases, scholars, journalists and lawyers work together to gather new evidence in response to convicts who claim innocence. New technology such as DNA testing, as well as researching cases from fresh perspectives, have resulted in retrials and acquittals of some death-row inmates.

Similar activities have spread to countries such as France, Australia and Taiwan, creating a more global network.

Kana Sasakura, an associate professor of the Konan University Faculty of Law in Kobe, said Japanese courts will not allow retrials unless fresh evidence is strong enough to overturn the original judgment, but collecting such proof remains extremely difficult.

“Unlike in ordinary criminal trials, there is no system for court-appointed defense lawyers, who are publicly financed, at retrials,” said Sasakura. “It is very difficult for convicts held in prisons and detention houses to collect new evidence by themselves that could overturn their convictions.”

Sasakura remains hopeful that eventually the Japanese university project will gain nonprofit status.

“In the future, it would be desirable for the Japanese project to be operated like an NPO, raising donations from the public,” Sasakura said. “For the time being, however, it will probably be operated more stably by having the head office at a university, which will be useful for education if students are interested in joining.”

More on Higashi-Sumiyoshi Arson Case

Read here about Higashi-Sumiyoshi case.

PAIR HELD 20 YEARS IN ARSON-MURDER CASE RELEASED FOR RETRIAL

A man and woman serving life in prison for starting a fire that killed the woman’s 11-year-old daughter were freed Monday when the Osaka High Court ordered their release following a decision to reopen the arson-murder case.

At around 2 p.m., Keiko Aoki, 51, walked out of a prison in Wakayama Prefecture while Tatsuhiro Boku, 49, was released from a prison in Oita Prefecture.

They had been behind bars for two decades. Prosecutors had sought to prevent their release.

“I was finally able to return to a world we take for granted,” Aoki told supporters immediately after her release. “I can hear my daughter saying somewhere in this blue sky, ‘Mom, I’m so happy for you.’ “

Speaking in front of Oita Prison, Boku was ebullient.

“Being out here for the first time in 20 years, I feel as if I am standing on foreign land,” he said. “It’s like a dream and the scenery before me looks brilliant.”

Last Friday, the Osaka High Court endorsed a March 2012 lower court decision to grant a retrial to Aoki, the mother of the 11-year-old victim, and Boku, her de facto husband. Both were serving life terms after being found guilty of setting their house on fire in a bid to kill the girl and collect on the life insurance. Continue reading

Man acquitted in Osaka After Retrial: Victim’s Recantation

From the Japan Times:

Man Acquitted After Serving 3 1/2 Years in Prison for Rape; Victim Gave False Evidence

Oct 17, 2015

OSAKA – An Osaka court on Friday acquitted a 72-year-old man of rape and indecent assault in a retrial after serving 3½ years of a 12-year prison term.

Osaka District Court presiding judge Minamoto Ashitaka said he was “sorry as a judge” that the man’s “freedom was taken away for an extensive period of time for a crime (he) did not commit, and inflicted unimaginable suffering” on him.

The acquittal was finalized the same day as prosecutors gave up their right to appeal. Continue reading

Masaru Okunishi, Death Row Inmate seeking Retrial Dies at 89

A belated post on Nabari Case

From the Japan Times:
Death row inmate seeking retrial over 1961 wine-poisoning murders dies at 89
October 4, 2015 by Kyodo

An 89-year-old death row inmate who was seeking a retrial for his 1961 conviction over the infamous wine poisoning murders in Nabari, Mie Prefecture, died in a Tokyo prison Sunday, his lawyers said.

Masaru Okunishi, who was arrested in 1961 on suspicion of murder and attempted murder, initially admitting to lacing wine with an agricultural chemical that killed five women, including his wife, but retracted his confession before being indicted. Continue reading

Executions in Japan — A Consideration of Judicial Hanging

I have posted in the past about how executions in Japan are carried out.

The Osaka Bar Association made a 25 minute segment on the mechanism of judicial hanging in Japan in 2014. It is now posted on its website. You can watch the English version here.

Please note that it contains forensic explanations of how hanging occurs and may be disturbing for some viewers.

More on Hakamada Case…

Previous posts on Hakamada case here and here.

From the Japan Times:

Prosecutors concealed evidence that could have cleared Hakamada, lawyers allege

Kyodo, Aug 6, 2014

Prosecutors have apologized for concealing critical evidence that might have cleared Iwao Hakamada, the former professional boxer who spent more than 40 years on death row before being released from prison in March, according to his lawyers.

The head of Hakamada’s legal team, Katsuhiko Nishijima, alleged at a news conference on Tuesday that prosecutors had admitted making incorrect claims, concealing the existence of photographic negatives showing bloodstained clothes said to have been worn by the culprit.

Hakamada, 78, was a live-in employee at a soybean processing company when he was arrested in August 1966 on robbery, murder and arson charges. The Shizuoka District Court sentenced him to death in 1968 for allegedly slaying an executive of the company, his wife and their two children in Shizuoka Prefecture.

Five pieces of bloodstained clothing, including a shirt, were found at the company’s plant more than a year later, and became decisive evidence at his trial. But the Shizuoka District Court decided to reopen the case, judging based on DNA tests of the bloodstains that the clothing was not Hakamada’s and had not been worn by the culprit at the time of the murder.

The photographs were reportedly taken soon after the bloodstained clothes were discovered inside one of tanks used for soybean fermentation, 14 months after the slayings.

The Shizuoka District Court’s decision suggested the evidence could have been fabricated by investigating officers, as the color of the clothes did not look like they had been soaked in miso paste for over a year.

“The negatives may be crucial in judging whether the evidence has been tainted,” one of Hakamada’s attorneys said.

According to the lawyers, as many as 111 negatives have been found and some of them have already been analyzed by the prosecution.

“The evidence was intentionally concealed and we’re not going to leave it like this,” Nishijima said, adding that the information was discovered in a statement that prosecutors issued on July 17.

The statement said police were in possession of the negatives and that prosecutors found them after the Shizuoka District Court reopened the case, which led to Hakamada’s release.

During the first meeting held between Hakamada’s lawyers, prosecutors and the court on Tuesday at the Tokyo High Court to review his conviction and sentence, the prosecution issued an apology for failing to disclose the evidence, saying they will provide further explanation in a written statement.

“We don’t know what else beside the five pieces of clothing we may find in the photographs, but we believe that some of the photographs have probably never been disclosed,” Hakamada’s attorneys said during the press conference.

The next meeting between the prosecutors, Hakamada’s lawyers and the court is scheduled for Oct. 23. His lawyers said they plan to respond to the prosecution’s statements by the end of October.

Presiding Judge Takaaki Oshima has not specified when the court will issue a final decision.

First Execution This Year in Japan

The first execution in 2014 was carried out on June 26 in Japan. This was the 9th execution under the Abe administration. Many organizations, including Japan Federation of Bar Associations, EU and Amnesty International , immediately filed a statement opposing the execution.

From the Japan Times:

Man who killed three, including kids, hanged
by Tomohiro Osaki

Brushing aside renewed public concerns over capital punishment, the government executed a 68-year-old death row inmate Thursday morning for three “brutal” and “selfish” murders committed seven years ago. Two of the victims were children.

In November 2007, Masanori Kawasaki sneaked into the Kagawa Prefecture home of Keiko Miura, his 58-year-old sister-in-law, and stabbed her multiple times. He also knifed to death the victim’s two grandchildren, Akane Yamashita, 5, and Ayana, 3. Kawasaki then buried their bodies nearby.

The Supreme Court finalized his death penalty in July 2012.

Thursday’s execution comes as public concern over capital punishment flared anew in March after the release of Iwao Hakamada, the world’s longest-serving death row inmate, upon a review of the DNA evidence that found Hakamada spent nearly five decades behind bars for murders he almost certainly didn’t commit.

Japan and the United States are the only Group of Eight industrialized nations that put people to death.

At a news conference after the hanging, Justice Minister Sadakazu Tanigaki condemned Kawasaki’s deeds as “brutal” and “driven by selfish reasons,” noting the killings left kin grief-stricken to an “unimaginable degree.”

As he did following previous executions, Tanigaki defended the hanging as the outcome of “careful scrutiny.”

“We went over his case repeatedly before greenlighting his hanging,” Tanigaki said.

Of the 129 inmates now on death row, 89 are seeking retrials and 24 amnesty.

When asked to comment on the timing of the hanging, Tanigaki declined to elaborate.

“As justice minister, I consider it my highest priority to do everything in my capacity to confirm if an individual really committed the deed they are held culpable for” to avoid wrongful executions, he said.

Tanigaki added that he doesn’t think the capital punishment system needs to be reviewed at this time.

Human rights group Amnesty International was quick to express outrage, saying the hanging ignored the global community’s calls on Japan to end the “dehumanizing” practice.

Regarding the Hakamada incident, the group said the government is deeply reproachable for leaving him exposed to the terror of a looming execution for nearly five decades despite “extremely high odds of his innocence.”

“The government should take this fact seriously and do its utmost to overhaul the current criminal justice system. And as a first step for that, we believe it’s imperative capital punishment be suspended immediately,” the group said, adding that few details of the death penalty are disclosed to the public. The Japan Federation of Bar Association, too, issued a statement demanding capital punishment be halted and more information be disclosed to the public to spur a robust debate on the issue.

Continue reading

Breaking News: Court Decides to Reopen Hakamada Case

Previous posts on Hakamada case here and here.

This is a case from 1966. Iwao Hakamada has been held in confinement for 48 years. He is at Tokyo Detention Center, on death row.

Shizuoka District Court granted Hakamada’s petition for retrial today, saying that a new DNA testing result indicates that one crutial piece of evidence did not come from Hakamada.

It is the 6th time since 1945 that the courts grant a retrial in a death penalty case. However, the prosecutors still have a chance to appeal the decision.

PostScript:
Iwao Hakamada was released from the Tokyo Detention Center at around 17:20 JST on March 27th, 2014.

From Mainichi Shimbun News:
Court decides to reopen 1966 murder of 4

SHIZUOKA, Japan (Kyodo) — The Shizuoka District Court decided Thursday to reopen a high-profile 1966 murder case in which a former professional boxer has been on death row for more than 30 years for killing four people.

The court also decided to suspend the death penalty for Iwao Hakamada, 78, who was convicted of murdering Fujio Hashimoto, 41-year-old managing director of a soybean processing firm, his wife and their two children and setting fire to their home on June 30, 1966, in Shimizu city, Shizuoka Prefecture, which is now a part of Shizuoka city, as well as his detention.

During the petition for a retrial, his defense lawyers obtained DNA test results that indicated the DNA-type from blood stains detected on five pieces of clothing, which were said to have been worn by the culprit, is different from Hakamada’s.

Accepting the argument, Presiding Judge Hiroaki Murayama said, “The clothes were not those of the defendant,” indicating the possibility that investigators had fabricated the evidence.

Murayama also said, “It is unjust to detain the defendant further, as the possibility of his innocence has become clear to a respectable degree.”

It is the sixth time in postwar Japan that a court has approved a retrial for a defendant for whom capital punishment had been finalized. Of the other five, four were acquitted.

Hakamada, a live-in employee at the soybean processing firm, temporarily admitted to the charges after being arrested in August 1966, but changed his plea to one of innocence from the first court hearing.

Despite his plea, the Shizuoka District Court sentenced him to death in 1968, with the sentence finalized by the Supreme Court in 1980.

He filed his first appeal for a retrial in 1981, which was rejected by the top court in 2008, prompting his sister Hideko, 81, to file a second appeal immediately.

Despite the district court decision, it may still take time before a retrial can begin as prosecutors, who argued that the reliability of the DNA test is low, are expected to appeal the decision to the Tokyo High Court.

The defense team has urged prosecutors not to appeal, given that Hakamada’s mental state has deteriorated during almost 50 years in prison. Amnesty International Japan also issued a statement seeking the immediate start of a retrial, saying, “It is not too much to say that the unfair, long-time detention of a death row inmate is torture.”

After hearing the decision, Hideko said, “I am truly thankful,” while Katsuhiko Nishijima, who heads the defense team, said, “Mr. Hakamada’s strong desire has finally been attained.”

Continue reading

Ex-detention officer tells court how death row inmates are executed

Japan still retains the death penalty. Polls suggest that the majority of citizens (more than 85%) support the ultimate punishment. However, when talking with friends or students, I often find that people do not necessarily know about the punishment. Some do not even know how the executions are carried out.

This is also true in death penalty cases where the citizens participate as lay judges (saiban-in) and decide the facts and also the punishment. Lay judges do not know the situation of the death row inmates and executions, but they are asked to impose the punishment.

In an effort to let the lay judges know about the punishment at trial in deciding the sentence, some lawyers have called experts or ex-officers to testify. Here is a story about this effort.

from the Mainichi Japan:

OSAKA (Kyodo) — A former detention officer told a court Monday how death row inmates in Japan are treated and how they are executed during a trial of a murder-robbery case.

“The trapdoor on the floor opens and (death row inmates) fall at least 4 meters below and after they suffer cardiac arrest, they are left hanging for five minutes so they cannot be resuscitated,” detention officer-turned-writer Toshio Sakamoto told the Osaka District Court’s Sakai branch.

Sakamoto, known for his book “Record of an Executioner,” also said death row inmates are kept in solitary confinement except when they are allowed to exercise or take a bath.

Detention officers are informed about an execution the day before and try not to make it obvious to the inmate, he added.

Sakamoto was testifying on behalf of defendant Munehiro Nishiguchi, 52, who is charged with murdering Takeko Tamura, 67, in Sakai, Osaka Prefecture, in November 2011 and robbing her of around 310,000 yen, as well as murdering Soshu Ozaki, 84, former vice president of household product manufacturer Zojirushi Corp., in Sakai a month later and robbing him of 800,000 yen.

February 25, 2014(Mainichi Japan)

New Evidence Found in 1966 Hakamada Case

My previous post on Hakamada Case here. This is a case from 1966. Hakamada claims his innocence from Tokyo Detention Center, where he is held on death row. He has been held in confinement for over 45 years.

From the Mainichi:

New evidence emerges in 1966 murder case: lawyers

SHIZUOKA, Japan (Kyodo) — New evidence has emerged in a 1966 murder case that suggests the man who has been convicted and is on death row for the crime may have been wrongfully accused, his defense lawyers said Sunday.

The new evidence in favor of Iwao Hakamada, 77, may provide stronger grounds in their appeal for a retrial, the result of which will be decided by the Shizuoka District Court next spring at the earliest.

The lawyers said the new evidence came to light in the witness statements of two colleagues of Hakamada who were staying at the same company dormitory at the time of the crime in June 1966. Continue reading

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.

 

Exoneree on a Lecture Tour in Japan

From Fernando Bermudez:

 I Cannot Take Off My Straw Sandals

                                                                                       By Fernando Bermudez

 Strong Hugs. Wiped tears. Repeated reassurances. Through the eyes of my children, my emotional return from Japan reflected more accomplishment than exhaustion after lecturing in 9 Japanese cities from Tokyo to Okayama throughout October 2013. In sharing my 18-year wrongful incarceration story in New York until exonerated in 2009 (due to mistaken eyewitness identifications and police and prosecutorial misconduct), my lectures at Japanese bar associations and universities urged Japan to abolish its death penalty and reduce relying on confessions to secure Japan’s 99% conviction rate, which have caused several wrongful convictions and exonerations in Japan due to false confessions.

DSCN0117

Fernando Bermudez in Hiroshima

Continue reading