Capital punishment in Japan

Tokyo Detention House, which houses one of Japan's seven execution chambers

Capital punishment is a legal penalty in Japan. It is applied in practice only for murder, and executions are carried out by hanging.

The majority of death sentences are imposed only in cases of multiple murders.[1]

History

Beginning in about the 4th century, Japan became increasingly influenced by the Chinese judicial system, and gradually adopted a system of different punishments for different crimes, including the death penalty. However, beginning in the Nara period, cruel punishments and the death penalty were used less and less, likely as a result of the influence of Buddhist teachings, and the death penalty was abolished completely in the Heian period. The death penalty was not used for the next 300 years, until the Genpei War.

During the following Kamakura period, capital punishment was widely used and methods of execution became increasingly cruel, and included burning, boiling and crucifixion, among many others. During the Muromachi period, even harsher methods of execution came into use, such as upside down crucifixion, impalement by spear, sawing, and dismemberment with oxen or carts. Even minor offenses could be punished by death, and family members and even neighbors could be punished along with the offender. These harsh methods, and liberal use of the death penalty, continued throughout the Edo period and into the early Meiji period, but due to the influence of Confucianism, offenses against masters and elders were increasingly punished much more harshly than offenses against those of lower rank. Torture was used to extract confessions. In 1871, as the result of a major reform of the penal code, the number of crimes punishable by death was decreased and excessively cruel torture and flogging were abolished. In 1873, another revision resulted in a further reduction in the number of crimes punishable by death, and methods of execution were restricted to beheading or hanging.[2]

System

Sentencing guideline – Nagayama Standard

In Japan, the courts follow guidelines laid down in the trial of Norio Nagayama, a 19-year-old from a severely disadvantaged background, who committed four separate robbery-murders in 1968 and was finally hanged in 1997. The Tokyo high court originally gave him a life term, but in 1983 the Supreme Court of Japan held it was an error, and quashed this sentence.

The court ruled that the penalty shall be decided in consideration of the degree of criminal liability and balance of justice based on a nine-point set of criteria.[3] Though technically not a precedent, this guideline has been followed by all subsequent capital cases in Japan.[4] The nine criteria are as follows:

  1. Degree of viciousness
  2. Motive
  3. How the crime was committed; especially the manner in which the victim was killed.
  4. Outcome of the crime; especially the number of victims.
  5. Sentiments of the bereaved family members.
  6. Impact of the crime on Japanese society.
  7. Defendant's age (in Japan, the age of majority is 20).
  8. Defendant's previous criminal record.
  9. Degree of remorse shown by the defendant.

The number of victims killed is the most important criterion for imposition of the death penalty. A death sentence handed down for a single murder (previous convictions included) is considered "extraordinary".

In 2012, a research institute affiliated with the Supreme Court issued a report on death penalty appliance from 1980 to 2009. The study found that, while prosecutors very rarely demand capital punishment in cases of single murder, it was handed down in 32% of those cases. On the other hand, prosecutors seek the death penalty almost systematically in cases of multiple homicide, and it is handed down in 59% of cases of double-murder and 79% of cases where three or more victims have been killed.

The study also found that the death penalty was handed down in all cases of convicted murderers who killed again after being released on parole from life prison terms, and in all robbery-murder cases with three or more people slain.

Furthermore, in five of 10 kidnap-for-ransom cases in which one person was killed, the defendants were sentenced to death.[5]

Judicial process

Since May 2009, district courts try capital cases using the lay judge system, where three professional judges sit with six randomly chosen citizens. Five votes of nine-member court, including at least one professional judge, are required for issuing a conviction and any punishment, including death.

Because Japan has a civil law legal system, appeal courts retry both facts and law. High courts retry cases with only three judges and no lay judges, and can either reduce a death sentence to life or raise a life sentence to death. Thereafter, a five-member petty bench of the Supreme Court has the final say on the penalty, Article 411 of Code of Criminal Procedure allowing it to remand the case or change the punishment if the one handed down by the high court is "seriously unfair".[6]

Stays of execution

According to Article 475 of the Japanese Code of Criminal Procedure, the death penalty must be executed within six months after the failure of the prisoner's final appeal upon an order from the Minister of Justice. However, the period requesting retrial or pardon is exempt from this regulation. Therefore, in practice, the typical stay on death row is between five and seven years; a quarter of the prisoners have been on death row for over ten years. For several, the stay has been over 30 years (Sadamichi Hirasawa died of natural causes at the age of 95, after awaiting execution for 32 years[7]).

Death row

Japanese death row inmates are imprisoned inside the detention centres of Tokyo, Osaka, Nagoya, Sendai, Fukuoka, Hiroshima and Sapporo. (Despite the city having a high court, Takamatsu Detention Centre is not equipped with an execution chamber. Consequently, executions administered by the Takamatsu High Court are carried out in the Osaka Detention Centre.) Those on death row are not classified as prisoners by the Japanese justice system and the facilities in which they are incarcerated are not referred to as prisons. Inmates lack many of the rights afforded to other Japanese prisoners. The nature of the regime they live under is largely up to the director of the detention centre, but it is usually significantly harsher than normal Japanese prisons. Inmates are held in solitary confinement and are forbidden from communicating with their fellows. They are permitted two periods of exercise a week, are not allowed televisions and may only possess three books.[8] Prisoners are not allowed to exercise within their own cells.[9] Prison visits, both by family members and legal representatives, are infrequent and closely supervised.

Execution

The execution warrant is signed by the Minister of Justice after internal consultations within the justice ministry. Once the final approval is signed, the execution will take place within five days.

By statute, the execution cannot take place on a national holiday, Saturday, Sunday, or between 31 December and 2 January.

The death penalty is carried out by hanging in an execution chamber within the detention centre. When an execution order has been issued, the condemned prisoner is informed in the morning of his/her execution. The condemned is given a choice of the last meal. The prisoner's family and legal representatives, and also the general public, are informed only afterwards. Since 7 December 2007, the authorities have been releasing the names, natures of crime and ages of executed prisoners.[10]

The method of hanging is the long drop, causing a quick death by neck fracture.

As of August 2014, the number of inmates on death row was 126. Of them, 89 are applying for their cases to be reopened and 25 are requesting amnesty.[11]

Death sentences for minors

Having signed both the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, which forbid any execution for crimes committed under the age of 18, Japan sets the minimum age for capital punishment at 18 (Juvenile Law § 51). Although death sentences for minors (defined in Japan as those under age 20) are rare, those who commit capital crimes at age 18 or 19 may be legally sentenced to death.[12]

Nine juvenile criminals have received death sentences that were finalised since 1966: Misao Katagiri, Kiyoshi Watanabe, Mitsuo Sasanuma, Fumio Matsuki, Sumio Kanno, Tsuneo Kuroiwa, Norio Nagayama, Teruhiko Seki and Takayuki Mizujiri. Seven of them have already been executed and Watanabe and Seki, both of whom killed four people when they were 19 years old, remain on death row awaiting execution.[13]

As of February 2013, the most recent juvenile death sentence was given to Takayuki Fukuda, passed by the Hiroshima High Court on 22 April 2008, and upheld by the Supreme Court on 20 February 2012.[14] A month after his 18th birthday he raped and killed a woman, along with murdering her baby.[15][16]

Public debate

Although the public has generally supported the death penalty, capital punishment is a contentious issue in Japan nonetheless. The government regularly monitors support for the death penalty, the last survey in 2015 showing 80.3% of the public believing that the death penalty is "permissible" and 9.7% that it should be abolished.[17] At a 2003 trial, a Tokyo prosecutor presented the court a petition with 76,000 signatures as part of his case for a death sentence.[1]

During the late 1980s, four death penalty of longtime death penalty were quashed by the Supreme Court. Charles Lane of Washington Post claim that this embarrassed the Ministry of Justice, whose officials sincerely believed that such mistakes by the system were almost impossible.[1] Between 1989 and 1993, four successive ministers of justice refused to authorise executions, which amounted to an informal moratorium. Unlike in the U.S., where a state's governor can issue a pardon for any state crime and the president can pardon a federal crime, in Japan, the justice minister has to sign death warrants. It is not uncommon for a justice minister not to sign death warrants, some for political or religious convictions, others for personal dislike for signing death warrants. In theory, a justice minister cannot refuse to sign a death warrant due to personal belief, as that would amount to dereliction of duty. For example, Seiken Sugiura, Minister of Justice between October 2005 and September 2006, and a follower of Pureland Buddhism, publicly stated on 31 October 2005 that he would not sign death warrants. He said that "From the standpoint of the theory of civilizations, I believe that the general trend from a long-term perspective will be to move toward abolition." A few hours later, he retracted the statement, saying it represented his "feelings as an individual and (the comment) was not made in relation to the duties and responsibilities of a justice minister who must oversee the legal system". However, he never agreed to any executions as a minister of justice.

The British newspaper The Times claimed that the death penalty was effectively suspended on 17 September 2009 with the appointment of Keiko Chiba, who was a member of anti-death penalty MPs caucus group, as Minister of Justice.[18] However, no official policy statement was made in this regard. Chiba only stated that "I will cautiously handle (the cases) based on the duties of the justice minister."[19] The Times' speculation was conclusively disproved when Chiba signed two death warrants and personally witnessed the execution.[20]

Support

Supporters say that capital punishment is applied infrequently and only to those who have committed the most extreme of crimes—a single act of murder does not attract capital punishment without additional aggravating circumstances such as rape or robbery. In the 1956 debate, Japanese serial killer Genzo Kurita, who engaged in rape and necrophilia, was cited by the Diet as an example of a murderer whose crimes were atrocious enough to merit death.[21] However, it is more due to the rarity of extreme crimes in Japanese society rather than an unwillingness of the authorities to carry out executions that has caused so few executions to take place.[1]

Since executions resumed in 1993, a rise in street crime during the 1990s, the sarin gas attack on the Tokyo subway in 1995 and several high-profile murders have hardened attitudes amongst the public and the judiciary. Since 1999, there have been a series of cases in which criminals sentenced to life imprisonment have been given the death penalty after prosecutors successfully appealed to High courts.

On 18 March 2009, a district court sentenced to death two men for the murder of Rie Isogai.[22] Fumiko Isogai, who lost her only child in this crime, launched a campaign to call for the death penalty on the three murderers in September 2007.[23] Within ten days, her petition was signed by 100,000 citizens.[24] She presented her petition for the death penalty with some 150,000 signatures to the District Public Prosecutors' Office of Nagoya on 23 October 2007.[25] About 318,000 citizens had signed her petition by December 2008.[23]

Although single murderers rarely face a death sentence in Japan, Takeshi Tsuchimoto, a criminal law scholar at Hakuoh University and former prosecutors of the Supreme Public Prosecutors' Office, expected that the recent trend toward harsher punishments, backed by the growing public support for capital punishment, would encourage the court to sentence Kanda and Hori to death.[24] Major national newspapers published editorials in support of this unorthodox judgment on the premise that capital punishment is retained.[26] The Asahi Shimbun and the Mainichi Shimbun, both major national liberal newspapers, wrote in editorials that the general public favored the judgment, and the Nikkei lent his support to it.[26] The Sankei Shimbun, a major national paper on the right, aggressively evaluated the judgement with a phrase "a natural and down-to-earth judgment of great significance".[26][27] The Tokyo Shimbun expressed that capital punishment would be the inevitable sentence in consideration of the brutality of the murder and the pain that the victim's family felt.[26] They also noted, however, that it would be difficult for citizen judges to determine whether death penalty would be appropriate in this kind of case under the lay judge system, which will be started in May 2009.[26] Hiroshi Itakura, a criminal law scholar at Nihon University, said that this decision could be a new criterion for capital punishment under the lay judge system.[22] However, one of the two men sentenced to death in the Isogai case had his sentence reduced to life imprisonment on appeal, and the Supreme Court refused to raise the punishment to death (but he was later sentenced to death in another murder case). The other defendant sentenced to death did not appeal and was hanged in 2015.[28]

Criticism

Amnesty International argues that the Japanese justice system tends to place great reliance on confessions, even ones obtained under duress. According to a 2005 Amnesty International report:

Most have been sentenced to death on the basis of confessions extracted under duress. The potential for miscarriages of justice is built into the system: confessions are typically extracted while suspects are held in daiyo kangoku, or "substitute prisons", for interrogation before they are charged. In practice these are police cells, where detainees can be held for up to 23 days after arrest, with no state-funded legal representation. They are typically interrogated for 12 hours a day: no lawyers can be present, no recordings are made, and they are put under constant pressure to confess. Once convicted, it is very difficult to obtain a re-trial and prisoners can remain under sentence of death for many years.[29]

Amnesty also reports allegations of abuse of suspects during these interrogations. There are reports of physical abuse, sleep deprivation and denial of food, water and use of a toilet.[29] One of its biggest criticisms is that inmates usually remain for years (and sometimes decades) on death row without ever actually being informed of the date of their execution prior to the date itself, so inmates suffer due to the uncertainty of not knowing whether or not any given day will be their last. According to Amnesty International, the intense and prolonged stress means many inmates on death row have poor mental health, suffering from the so-called death row phenomenon. The failure to give advanced notice of executions has been stated by the United Nations Human Rights Committee to be incompatible with articles 2, 7 and 10 of the International Covenant on Civil and Political Rights.[7]

South Asia Human Rights Documentation Centre claims that the issueance of death warrants by the Ministry of Justice may be politically motivated. In 1997, Norio Nagayama, a prisoner who committed the first of several murders as a juvenile was executed during the sentencing phase of "Sakakibara Seito" for the Kobe child murders, also resulting in a high-profile juvenile murder trial – an attempt, according to South Asia Human Rights Documentation Centre, to show that the harshest punishment could be administered to juveniles.[7] According to The New York Times, the execution of Tsutomu Miyazaki after the Akihabara massacre was claimed to be a similar case.[30]

The Japanese Federation of Bar Associations also says that capital punishment should be abolished in Japan.[31]

Executions

Executions in Japan since 2010
Offender Age Sex Date Place Crime Victim(s) Minister
Kazuo Shinozawa 59 M 28 July 2010[32] Tokyo Multiple murders 6 Keiko Chiba
Hidenori Ogata 33 M Tokyo Multiple murders 2
Yasuaki Uwabe 48 M 29 March 2012[33] Hiroshima Multiple murders 5 Toshio Ogawa
Tomoyuki Furusawa 46 M Tokyo Multiple murders 3
Yasutoshi Matsuda 44 M Fukuoka Multiple murders 2
Junya Hattori 40 M 3 August 2012[34] Tokyo Single murder 1 Makoto Taki
Kyozo Matsumura 31 M Osaka Multiple murders 2
Sachiko Eto 65 F 27 September 2012[35] Sendai Multiple murders 6
Yukinori Matsuda 39 M Fukuoka Multiple murders 2
Masahiro Kanagawa 29 M 21 February 2013[36] Tokyo Multiple murders 2 Sadakazu Tanigaki
Keiki Kano 62 M Nagoya Multiple murders* 1
Kaoru Kobayashi 44 M Osaka Single murder 1
Katsuji Hamasaki 64 M 26 April 2013[37] Tokyo Multiple murders 2
Yoshihide Miyagi 56 M Tokyo
Tokuhisa Kumagai 73 M 12 September 2013[38] Tokyo Single murder 1
Mitsuo Fujishima 55 M 12 December 2013[39] Tokyo Multiple murders 2
Ryoji Kagayama 63 M Osaka Multiple murders 2
Masanori Kawasaki 68 M 26 June 2014[40] Osaka Multiple murders 3
Mitsuhiro Kobayashi 56 M 29 August 2014[41] Sendai Multiple murders 5
Tsutomu Takamizawa 59 M Tokyo Multiple murders 3
Tsukasa Kanda 44 M 25 June 2015[42] Nagoya Single murder 1 Yōko Kamikawa
Sumitoshi Tsuda 63 M 18 December 2015[43] Sendai Multiple murders 3 Mitsuhide Iwaki
Kazuyuki Wakabayashi 39 M Tokyo Multiple murders 2
Yasutoshi Kamata 75 M 25 March 2016[44] Osaka Multiple murders 5
Junko Yoshida 56 F Fukuoka Multiple murders 2
Kenichi Tajiri 45 M 10 November 2016[45] Fukuoka Multiple murders 2 Katsutoshi Kaneda
Number of executions in Japan since 1993
1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
72664653221214
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016
91572078333

Note : Offenders noted with a * were sentenced to death for murder(s) committed while on parole for another murder

See also

References

  1. 1 2 3 4 Charles Lane – Lane, Charles (16 January 2005). "Why Japan Still Has the Death Penalty". Washington Post. Retrieved 7 June 2006.
  2. ↑ Petra Schmidt (2001). Capital punishment in Japan. Brill. pp. 9–24.
  3. ↑ Prof. Norio Takahashi. "Death Penalty for Hikari City Mother-Child Murder Case". Daily Yomiuri Online. Retrieved 19 December 2010.
  4. ↑ Eiji Kaji. "Lay judges wept over sentence". Daily Yomiuri Online. Retrieved 19 December 2010.
  5. ↑ "To advise lay judges, Supreme Court institute cites death penalty precedents". japantimes.co.jp. Archived from the original on 20 October 2012. Retrieved April 11, 2016.
  6. ↑ "Code of Criminal Procedure". japaneselawtranslation.go.jp. Retrieved April 11, 2016.
  7. 1 2 3 "Japan Hanging on to Death Penalty". South Asia Human Rights Documentation Centre. Retrieved 28 May 2006.
  8. ↑ Bruce Wallace – Wallace, Bruce (2 March 2006). "Awaiting Death's Footsteps". Los Angeles Times. p. 1. Retrieved 7 June 2006.
  9. ↑ Bruce Wallace – Wallace, Bruce (2 March 2006). "Awaiting Death's Footsteps". Los Angeles Times. p. 4. Retrieved 7 June 2006.
  10. ↑ Hogg, Chris (7 December 2007). "Secrecy of Japanese executions". BBC News. Retrieved 28 April 2010.
  11. ↑ "Takefuji arsonist, ex-yakuza hanged for eight murders". The Japan Times.
  12. ↑ Adachi, Kōji. 年長少年に対する死刑の是非 (in Japanese). Ritsumeikan University. Archived from the original on 16 December 2008. Retrieved 17 December 2008.
  13. ↑ "山口の母子殺害で最高裁「死刑回避は不当」". Yomiuri Shimbun Morning Edition (in Japanese). 21 June 2006. p. 13.
  14. ↑ Matsutani, Minoru. "Double-killer as minor will face gallows". The Japan Times. Retrieved 2013-10-21.
  15. ↑ https://web.archive.org/web/20080602034744/http://www.news.com.au/heraldsun/story/0,21985,23581893-663,00.html. Archived from the original on 2 June 2008. Retrieved 18 February 2016. Missing or empty |title= (help)
  16. ↑ "山口・母子殺害事件「死刑回避は不当」". Yomiuri Shimbun Morning Edition (in Japanese). 21 June 2006. p. 1.
  17. ↑ Cabinet Office poll: 80% of respondents think death penalty 'permissible'
  18. ↑ Parry, Richard Lloyd (19 September 2009). "Japan's death penalty effectively scrapped with arrival of Keiko Chiba". The Times. London. Archived from the original on 28 September 2009. Retrieved 21 September 2009.
  19. ↑ Author, No (2009-09-18). "Chiba urges death penalty debate | The Japan Times". Search.japantimes.co.jp. Retrieved 2013-08-26.
  20. ↑ http://search.japantimes.co.jp/cgi-bin/nn20100728x1.html. Retrieved 18 November 2010. Missing or empty |title= (help)
  21. ↑ 第024回国会 法務委員会公聴会 第2号 (in Japanese). National Diet Library. 10 May 1956. Retrieved 2008-03-19.
  22. 1 2 "Net strangers to hang for slaying". The Japan Times. 19 March 2009. Retrieved 10 April 2009.
  23. 1 2 Ishihara, A.; Matsuda, S.; Kajiura, K. (12 March 2009). 被告の言葉　「耐えられない軽さ」―無念の叫び 闇サイト殺人 18日判決(5). The Yomiuri Shimbun (in Japanese). Retrieved 10 April 2009.
  24. 1 2 ネット上で死刑求める署名 10日間で10万人！ 集まる. J-Cast News (in Japanese). 4 October 2007. Retrieved 10 April 2009.
  25. ↑ 極刑求め15万人が署名 闇サイト殺人、地検に提出. 47 News (in Japanese). Press Net Japan. Kyodo. 23 October 2007. Archived from the original on 17 July 2011. Retrieved 19 April 2009.
  26. 1 2 3 4 5 Morishima, M. (22 March 2009). 社説ウオッチング：闇サイト殺人判決 死刑制度前提に容認. The Mainichi Shimbun (in Japanese). Archived from the original on 6 April 2009. Retrieved 10 April 2009.
  27. ↑ 闇サイト殺人 常識に沿った死刑判断だ. The Sankei Shimbun (in Japanese). 19 March 2009. Archived from the original on 21 March 2009. Retrieved 13 April 2009.
  28. ↑ "Man serving life for murder gets death sentence for another slaying". japantimes.co.jp. Retrieved April 11, 2016.
  29. 1 2 "Urgent Action in Focus, August 2005". Amnesty International. Archived from the original on 24 May 2006. Retrieved 28 May 2006.
  30. ↑ Foster, Martin (18 June 2008). "Japan Hangs Three Convicted Killers". The New York Times. Retrieved 2008-06-18.
  31. ↑ Hiyama, Hiroshi (29 March 2012). "Japan executes first prisoners since 2010". AFP. Retrieved 6 April 2012.
  32. ↑ "Japan hangs two death row inmates". bbc.com. 28 July 2010.
  33. ↑ "Three hanged; executions are first since '10". japantimes.co.jp. 30 March 2012.
  34. ↑ "Japan hangs death-row inmates". iol.co.za. 3 August 2012.
  35. ↑ "Japanese Cult Leader, Sachiko Eto, Executed By Hanging, First Woman To Be Executed Since 1997". theglobaldispatch.com. 28 September 2012.
  36. ↑ "3 death-row convicts executed in Japan". asiaone.com. 22 February 2013.
  37. ↑ "Japan executes two Yakuza gangsters for shooting rivals". straitstimes.com. 26 April 2013.
  38. ↑ "Japan executes 73-year old man, 6th under Abe's administration". japandailypress.com. 12 September 2013.
  39. ↑ "Japan hangs two criminals; Abe's execution count stands at eight". www.tokyoweekender.com. 13 December 2013.
  40. ↑ "Japan carries out first execution of 2014". business-standard.com. 26 June 2014.
  41. ↑ "Takefuji arsonist, ex-yakuza hanged for eight murders". japantimes.co.jp. 29 August 2014.
  42. ↑ "Japan executes murderer who arranged with two strangers on 'the dark net' to kidnap and rob a woman… then bludgeoned her to death in case she identified them". dailymail.co.uk. 26 June 2015.
  43. ↑ "Japan hangs two murderers in first jury-trial executions". nypost.com. 18 December 2015.
  44. ↑ "Japan sends two more inmates to the gallows". japantimes.co.jp. 25 March 2016.
  45. ↑ "Japan: Man hanged as secretive executions continue". Amnesty International. 11 November 2016.

Further information

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