"Will This Day Be My Last?" The Death Penalty In Japan

the execution chamber in Japan©HAKAMADA Net

Approximately 87 prisoners currently remain on death row in Japan. The last execution took place on 16 September 2005, when Kitagawa Susumu was hanged, by order of the Minister of Justice, for two murders committed in the 1980s. Since 2000, 11 prisoners have been executed.

In Japan there are no vigils outside Japanese prisons on the scheduled day of an execution. Only the authorities know that an execution will take place – and when it does, it usually occurs while Parliament is in recess and unable to debate the issue. Under current practice a prisoner is notified on the morning of the day of execution. In some cases the prisoner is not notified at all. The families of those on death row live under the constant pressure of knowing their loved ones face execution and that in many cases their death may come without warning.

Death row prisoners in Japan remain precariously balanced between life and death. Periodically, one of them is taken from their cell at short notice and killed. There appears to be no discernable pattern or logic to the order in which an individual is chosen.

The criminal justice system in Japan is notoriously slow. Prisoners often spend years waiting to go to trial and even longer waiting for appeals to be dealt with by courts. Even when the appeals process is completed, condemned prisoners still live with uncertainty, some spend decades under sentence of death and a number die while incarcerated. The oldest prisoner facing the death penalty is 85 year old Ishida Tomizou.

The majority of prisoners sentenced to death in Japan are condemned to a lifetime under conditions that amount to cruel inhuman and degrading treatment and are contrary to the international treaties to which Japan has agreed. Prisoners are kept in solitary confinement and are banned from talking to other prisoners. Contact with the outside world is limited to infrequent and supervised visits from family and lawyers. A number of prisoners reportedly survive the isolation through reliance on sleeping pills. Many prisoners suffer from mental disabilities due to the conditions under which they are detained. These mentally ill prisoners also face execution.

The application of the death penalty in Japan is shrouded in secrecy. Amnesty International believes this secrecy amounts to an official policy, the legality of which is explicitly defended by the authorities. One of the reasons put forward for the denial of information, is the desire to respect the privacy of prisoners awaiting death. However, such a view does not explain or justify why the very person whose privacy rights are being invoked is denied crucial information including the timing of their death.

Amnesty International believes that an informed public debate about the death penalty system can only take place when there is transparency regarding the application of the punishment. Japan cannot on the one hand state that public opinion supports the continued use of the death penalty and at the same time withhold crucial information on the extent and reasons for which the death penalty is applied.

Amnesty International opposes the death penalty in all circumstances considering it a violation of the right to life and the ultimate cruel, inhuman and degrading punishment. In recent years there has been a marked international trend away from the use of the death penalty. In total, 125 countries, in different regions around the world, have abolished the death penalty in law or in practice.

Unfortunately the region of Asia stands out as resistant to this global trend. The region contains countries with high rates of executions and no apparent prospect of abolition. As well as Japan, China, Singapore and Indonesia appear to be staunch supporters of capital punishment.

Amnesty International continues to hope that Japan, in 2006, will take steps to follow the strong international trend away from the use of capital punishment and abolish the death penalty. Statements made by Minister of Justice Sugiura Seiken upon his appointment in 2005, expressing his personal opposition to the death penalty encouraged these hopes. Abolition by Japan would provide the region with much needed human rights leadership on this issue, and be a valuable example of a nation progressing towards the full protection of human rights.

"I beg you to clear my false charge while I am alive."
Okunishi Masaru, who was sentenced to death for poisoning five women in 1961, is now 80 years old. Okunishi reportedly “confessed” to the crimes for which he was convicted, during long interrogation sessions by the police.

Okunishi retracted his confession at his first trial and the Tsu District Court found him innocent on grounds of insufficient evidence. However, this verdict was reversed by a higher court which sentenced him to death. Following the finalisation of Okunishi’s sentence by the Supreme Court in 1972, Okunishi continued to appeal for a retrial; all six applications were rejected. In April 2005, the Nagoya High Court finally granted Okunishi a retrial, citing the existence of new evidence that could prove his innocence. His supporters have requested that the retrial begin soon so that Okunishi’s name can be cleared.

Okunishi has spent 45 years in detention, and over 30 years on death row with the constant fear of execution, not knowing from day to day whether he will be alive the next.

Take Action!
Write to the government of Japan urging them to cease all executions and to implement the recommendations included in the sample letter below:

Dear Minister, 

I am writing to express my concern about the continued use of the death penalty in Japan. I urge you to take steps to abolish the death penalty by commuting all death sentences, and imposing an immediate moratorium on executions pending abolition. I also urge you to initiate a public and parliamentary debate on the abolition of the death penalty.

I am shocked at the way the death penalty is carried out in Japan: by hanging, in secrecy with no public debate and where a detainee is only told of their imminent execution a few hours before it is carried out. Often detainees are denied adequate access to lawyers and families are only informed of the execution after it has been carried out. I am saddened by the fact that a number of elderly prisoners are on Japan’s death row, and have been detained for decades. 

Many death row inmates in Japan have reportedly “confessed” to crimes they did not commit, due to severe ill-treatment often amounting to torture during prolonged periods of interrogation. In a justice system that places a great emphasis on confessions, this has resulted in grave miscarriages of justice.

I would like to bring your attention to the case of Okunishi Masaru, who has been on death row for more than thirty years. He was found innocent during his first trial on the basis of lack of credible evidence, but the judgement was reversed by a higher court and he was sentenced to death. Reports indicate that Okunishi “confessed” to poisoning to death five women in 1961 during prolonged interrogation sessions by police. Okunishi maintained his innocence throughout his trial, and after the failure of six appeals for retrial he is now awaiting a retrial which the Nagoya High Court granted him in April 2005. Okunishi is 80 years old, I urge that he be tried speedily and fairly to enable him to clear his name while he is still alive.

The death penalty is irrevocable and can be inflicted on the innocent. I urge you to order an independent investigation in to death penalty cases where prisoners are reported to have been ill-treated and denied access to legal counsel during police questioning. 
As you reportedly mentioned in a press conference in October 2005, there is a marked international trend towards abolition of the death penalty. In total, 125 countries have abolished the death penalty in law or in practice. 

Unfortunately the region of Asia stands out as resistant to this global trend. However, there have been positive developments in the region such as the abolition of the death penalty in Cambodia, Nepal, Timor Leste and recently in the Philippines. In East Asia, there have also been positive developments in South Korea where a bill is being considered to abolish the death penalty in law. 
I appeal to you, in your capacity as Minister of Justice, not to sign execution orders. I also urge you to initiate a public debate on the death penalty. The abolition of the death penalty in Japan would provide the region with much needed human rights leadership on this issue and be a valuable example of a nation progressing towards the full protection of human rights. 

Yours sincerely,

Write to:
Nagase Jinen
Ministry of Justice
1-1-1 Kasumigaseki
Chiyoda-ku
Tokyo 100-8977
Japan
(Salutation: Dear Minister)
Fax No: +81 3 3592 088 OR +81 3 5511 7200
E-mail: webmaster@moj.go.jp

let us know if you will be taking this action by sending an email to admin-ap@amnesty.org

Appeals

"Will This Day Be My Last?" The Death Penalty In Japan