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Capital punishment is legal in Japan. The only crimes for which capital punishment is statutory are homicide and treason. Between 1946 and 1993, Japanese courts sentenced 766 people to death (including a small number from People's Republic of China, South Korea and Malaysia), 608 of whom were executed. The death penalty is ordinarily imposed in cases of multiple murders involving aggravating factors.[1]
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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[2]).
After the failure of the final appeal process to the supreme court, the entire records of trial are sent to the office of prosecution. Based on these records, the chief prosecutor of the office of prosecution compiles a report to the Justice Minister. This report is examined by the officer in the Criminal Investigation Bureau of Justice Ministry for the possibility of pardon and/or retrial as well as any possible legal issues which might require consideration before the execution is approved. This officer is usually from the office of prosecutors. Once satisfied, the officer will write an execution proposal, which has to go through the approval process of the Criminal Investigation Bureau, Parole Bureau and Correction Bureau. If the convict is certified to be mentally incapacitated during this process, the proposal is brought back to Criminal Investigation Bureau. The final approval is signed by the Minister of Justice. Once the final approval is signed, the execution will take place within about a week. By the regulation of penal code section 71, clause 2, the execution cannot take place on a national holiday, Saturday, Sunday, or between December 31 and January 2. The date of execution is kept secret, even to the family of the condemned and the family of the victim.
Japanese death row inmates are imprisoned inside the detention centers of Sapporo, Sendai, Tokyo, Nagoya, Osaka, Hiroshima and Fukuoka (Takamatsu is the 8th city having High Court, but for unexplained reasons the Takamatsu Detention Center is not equipped with an execution chamber. Consequently, executions administered by the Takamatsu High Court are carried out in the Osaka detention center). Because they are awaiting execution, those on death row are not classified as prisoners by the Japanese justice system and the facilities they are held at 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 under solitary confinement and are forbidden communication with their fellows. They are permitted two periods of exercise a week – reportedly, inmates are not permitted to do even limited exercise within their own cell.[3] They are not allowed televisions and may only possess three books. Prison visits, both by family members and legal representatives, are infrequent and closely supervised.
Executions are carried out by hanging in a death chamber within the Detention Center. When a death order has been issued, the condemned prisoner is informed in the morning of his or her execution. The condemned is given their choice of the last meal. The prisoner's family and legal representatives are not informed until afterwards. Since December 7, 2007, the authorities have been releasing the names, natures of crime and ages of executed prisoners.[4]
As of January 2009, there are 102 people awaiting execution in Japan.[5] Tsutomu Miyazaki and two others were hanged on June 17, 2008.[6] A total of nine convicted murderers were executed in 2007.[7] Three men were executed on August 23, 2007,[8] four men were executed on December 25, 2006,[9] one execution was carried out in 2005[10] and two in 2004.[1]
According to media reports, four death-row inmates were executed in Tokyo, Nagoya and Fukuoka in January 2009.[11]
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 finalized since 1966:[13] 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. Watanabe and Seki, both of whom killed four people when they were 19 years old, are still on death row.
The most recent juvenile death sentence was given to Takayuki Fukuda, passed by the Hiroshima High Court on April 22, 2008. A month after his 18th birthday he raped and killed a mother, along with murdering her baby.[14][15] He appealed to the Supreme Court and is waiting for its final and conclusive judgment.[16]
The death penalty is broadly supported by the Japanese public - a 1999 government survey found that 79.3 percent of the public supported it. In 34 polls taken between 1953 and 1999, support for the death penalty has never dropped below 50 percent. 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 high-profile acquittals of death-row inmates after retrial "shook public confidence in the system and profoundly embarrassed the Ministry of Justice, which until then had believed that the execution of an innocent person was all but impossible".[1] Between 1989 and 1993, four successive ministers of justice refused to authorize executions, which amounted to an informal moratorium. Until then, the groups campaigning to end capital punishment were marginal but they coalesced into a single umbrella organization called Forum 90. 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. This has caused some debate in Japan, some accusing those justice ministers of neglecting their public duty. For example, Seiken Sugiura, Minister of Justice between October 2005 and September 2006, and a follower of Pureland Buddhism, publicly stated on October 31, 2005 that he would not sign execution 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.
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 the 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 bizarre murderer.[17] However, the very small number of executions is due to the rarity of extreme crimes in Japanese society rather than because of an unwillingness of the authorities to carry out executions.[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[such as?] 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 March 18, 2009, a district court sentenced to death two men for the murder of Rie Isogai.[18] 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.[19] Within ten days, her petition was signed by 100,000 citizens.[20] She presented her petition for the death penalty with some 150,000 signatures to the the District Public Prosecutors' Office of Nagoya on 23 October 2007.[21] About 318,000 citizens had signed her petition by December 2008.[19]
Although single murderers rarely face a death penalty in Japan, Takeshi Tsuchimoto, a criminal law scholar at Hakuoh University and former prosecutor of the Supreme Public Prosecutors' Office, expected that the recent trend toward stricter punishments, backed by the growing public support for capital punishment, would encourage the court to sentence Kanda and Hori to death.[20]
Major national newspapers published editorials in support of this unorthodox judgment on the premise that capital punishment is retained.[22] The Asahi Shimbun and The Mainichi Shimbun wrote in their editorials that most people would be supportive of this judgment.[22] The Nikkei commented that the judgment was reasonable.[22] The Sankei Shimbun aggressively evaluated the judgment with a phrase "a natural and down-to-earth judgment of great significance".[22][23] The Tokyo Shimbun expressed that capital punishment was inevitable when they thought how brutal the murder was and what the victim's family felt of it.[22] 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.[22] 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.[18]
Amnesty International argues that the Japanese justice system tends to place great reliance on confessions and it has been claimed that these may be obtained under duress. According to a 2005 Amnesty International report:
Amnesty International also reports of 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.[24] It also criticises the fact that inmates usually remain for years, sometimes decades, on death row, knowing that executions come with little warning and each day may potentially 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, 10 of the International Covenant on Civil and Political Rights.[2]
South Asia Human Rights Documentation Centre claims that the issue of death warrants by the Ministry of Justice may be politically motivated—in 1997, a prisoner who committed the first of several murders as a juvenile was executed during the sentencing phase of another 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.[2] According to The New York Times, the execution of Tsutomu Miyazaki after Akihabara massacre was claimed similar case.[25] Amnesty International also complains of another process on death row in Japan- Prisoners are not told when they will be executed prior to a few hours before they are executed.[26] The Organization claims that prisoners must live their lives constantly wondering whether this day will be their last.
| Inmate | Age | Date | Place | Crime | victim | Minister |
|---|---|---|---|---|---|---|
| Seikichi Kondo | 55 | March 26, 1993 | Sendai | Multiple murders | 2 | Masaharu Gotoda |
| Shujiro Tachikawa | 62 | March 26, 1993 | Osaka | Multiple murders | 2 | Masaharu Gotoda |
| Tetsuo Kawanaka | 48 | March 26, 1993 | Osaka | Multiple murders | 3 | Masaharu Gotoda |
| Tadao Kojima | 61 | November 26, 1993 | Sapporo | Multiple murders | 3 | Akira Mikazuki |
| Yukio Seki | 37 | November 26, 1993 | Tokyo | Single murder | 1 | Akira Mikazuki |
| Hideo Deguchi | 70 | November 26, 1993 | Osaka | Multiple murders | 2 | Akira Mikazuki |
| Toru Sakaguchi | 57 | November 26, 1993 | Osaka | Akira Mikazuki | ||
| Yukio Ajima | 44 | December 1, 1994 | Tokyo | Multiple murders | 3 | Isao Maeda |
| Kazumi Sasaki | 66 | December 1, 1994 | Sendai | Multiple murders | 2 | Isao Maeda |
| Eiji Fujioka | 40 | May 26, 1995 | Osaka | Multiple murders | 2 | Isao Maeda |
| Fusao Suda | 54 | May 26, 1995 | Tokyo | Single murder | 1 | Isao Maeda |
| Shigeho Tanaka | 69 | May 26, 1995 | Tokyo | Single murder | 1 | Isao Maeda |
| Shuji Kimura | 45 | December 21, 1995 | Nagoya | Single murder | 1 | Hiroshi Miyazawa |
| Naoto Hirata | 63 | December 21, 1995 | Fukuoka | Multiple murders | 2 | Hiroshi Miyazawa |
| Tokujirou Shinohara | 68 | December 21, 1995 | Tokyo | Multiple murders | 2 | Hiroshi Miyazawa |
| Yoshiaki Sugimto | 49 | July 11, 1996 | Fukuoka | Single murder | 1 | Ritsuko Nagata |
| Kazumi Yokoyama | 43 | July 11, 1996 | Fukuoka | Ritsuko Nagata | ||
| Mikio Ishida | 48 | July 11, 1996 | Tokyo | Multiple murders | 2 | Ritsuko Nagata |
| Yoshihito Imai | 55 | December 20, 1996 | Tokyo | Multiple murders | 3 | Isao Matsuura |
| Mitsunari Hirata | 60 | December 20, 1996 | Tokyo | Multiple murders | 2 | Isao Matsuura |
| Satoru Noguchi | 50 | December 20, 1996 | Tokyo | Isao Matsuura | ||
| Yasumasa Hidaka | 54 | August 1, 1997 | Sapporo | Multiple murders | 6 | Isao Matsuura |
| Nobuko Hidaka | 51 | August 1, 1997 | Sapporo | Isao Matsuura | ||
| Hideki Kanda | 43 | August 1, 1997 | Tokyo | Multiple murders | 3 | Isao Matsuura |
| Norio Nagayama | 48 | August 1, 1997 | Tokyo | Multiple murders | 4 | Isao Matsuura |
| Masahiro Muratake | 54 | June 25, 1998 | Fukuoka | Multiple murders | 3 | Kokichi Shimoinaba |
| Yukihisa Takeyasu | 66 | June 25, 1998 | Fukuoka | Multiple murders* | 1 | Kokichi Shimoinaba |
| Shinji Shimazu | 66 | June 25, 1998 | Tokyo | Multiple murders* | 1 | Kokichi Shimoinaba |
| Masamichi Ida | 56 | November 19, 1998 | Nagoya | Multiple murders | 3 | Shozaburo Nakamura |
| Tatsuaki Nishio | 61 | November 19, 1998 | Nagoya | Single murder | 1 | Shozaburo Nakamura |
| Akira tsuda | 59 | November 19, 1998 | Hiroshima | Single murder | 1 | Shozaburo Nakamura |
| Masashi Satou | 62 | September 10, 1999 | Tokyo | Multiple murders* | 1 | Takao Jinnouchi |
| Katsutoshi Takada | 61 | September 10, 1999 | Sendai | Multiple murders* | 1 | Takao Jinnouchi |
| Tetsuyuki Morikawa | 69 | September 10, 1999 | Fukuoka | Multiple murders | 2 | Takao Jinnouchi |
| Teruo Ono | 62 | December 17, 1999 | Fukuoka | Single murder | 1 | Hideo Usui |
| Kazuo Sagawa | 48 | December 17, 1999 | Tokyo | Multiple murders | 2 | Hideo Usui |
| Kiyotaka Katsuta | 52 | November 30, 2000 | Nagoya | Multiple murders | 8 | Okiharu Yasuoka |
| Takashi Miyawaki | 57 | November 30, 2000 | Nagoya | Multiple murders | 3 | Okiharu Yasuoka |
| Kunikatsu Oishi | 55 | November 30, 2000 | Fukuoka | Multiple murders | 3 | Okiharu Yasuoka |
| Toshihiko Hasegawa | 51 | December 27, 2001 | Nagoya | Multiple murders | 3 | Mayumi Moriyama |
| Koujirou Asakura | 66 | December 27, 2001 | Tokyo | Multiple murders | 5 | Mayumi Moriyama |
| Ryuya Haruta | 36 | September 18, 2002 | Fukuoka | Single murder | 1 | Mayumi Moriyama |
| Yoshiteru Hamada | 51 | September 18, 2002 | Nagoya | Multiple murders | 3 | Mayumi Moriyama |
| Sinji Mukai | 42 | September 12, 2003 | Osaka | Multiple murders | 3 | Mayumi Moriyama |
| Sueo Shimazaki | 59 | September 14, 2004 | Fukuoka | Multiple murders | 3 | Taizo Nozawa |
| Mamoru Takuma | 40 | September 14, 2004 | osaka | Multiple murders | 8 | Taizo Nozawa |
| Susumu kitagawa | 58 | September 16, 2005 | osaka | Multiple murders | 2 | Chieko Nono |
| Hiroaki Hidaka | 44 | December 25, 2006 | Hiroshima | Multiple murders | 4 | Jinen Nagase |
| Yoshimitsu Akiyama | 77 | December 25, 2006 | Tokyo | Single murder | 1 | Jinen Nagase |
| Yoshio Fujinami | 65 | December 25, 2006 | Tokyo | Multiple murders | 2 | Jinen Nagase |
| Michio Fukuoka | 64 | December 25, 2006 | Osaka | Multiple murders | 3 | Jinen Nagase |
| Yoshikatsu Oda | 59 | April 27, 2007 | Fukuoka | Multiple murders | 2 | Jinen Nagase |
| Masahiro Tanaka | 42 | April 27, 2007 | Tokyo | Multiple murders | 4 | Jinen Nagase |
| Kosaku Nada | 56 | April 27, 2007 | Osaka | Multiple murders | 2 | Jinen Nagase |
| Hifumi Takezawa | 69 | August 24, 2007 | Tokyo | Multiple murders | 3 | Jinen Nagase |
| Kouzou Segawa | 60 | August 24, 2007 | Nagoya | Multiple murders | 2 | Jinen Nagase |
| Yoshio Iwamoto | 62 | August 24, 2007 | Tokyo | Multiple murders | 2 | Jinen Nagase |
| Seiha Fujima | 47 | December 7, 2007 | Tokyo | Multiple murders | 5 | Kunio Hatoyama |
| Hiroki Fukawa | 42 | December 7, 2007 | Tokyo | Multiple murders | 2 | Kunio Hatoyama |
| Noboru Ikemoto | 75 | December 7, 2007 | Osaka | Multiple murders | 3 | Kunio Hatoyama |
| Masahiko Matsubara | 63 | February 1, 2008 | Osaka | Multiple murders | 2 | Kunio Hatoyama |
| Takashi Mochida | 65 | February 1, 2008 | Tokyo | Single murder | 1 | Kunio Hatoyama |
| Keishi Nago | 37 | February 1, 2008 | Fukuoka | Multiple murders | 2 | Kunio Hatoyama |
| Kaoru Okashita | 61 | April 10, 2008 | Tokyo | Multiple murders | 2 | Kunio Hatoyama |
| Masahito Sakamoto | 41 | April 10, 2008 | Tokyo | Single murder | 1 | Kunio Hatoyama |
| Katsuyoshi Nakamoto | 64 | April 10, 2008 | Osaka | Multiple murders | 2 | Kunio Hatoyama |
| Masaharu Nakamura | 61 | April 10, 2008 | Osaka | Multiple murders | 2 | Kunio Hatoyama |
| Tsutomu Miyazaki | 45 | June 17, 2008 | Tokyo | Multiple murders | 4 | Kunio Hatoyama |
| Yoshio Yamasaki | 73 | June 17, 2008 | Osaka | Multiple murders | 2 | Kunio Hatoyama |
| Shinji Mutsuda | 37 | June 17, 2008 | Tokyo | Multiple murders | 2 | Kunio Hatoyama |
| Yoshiyuki Mantani | 68 | September 11, 2008 | Osaka | Multiple murders* | 1 | Okiharu Yasuoka |
| Mineteru Yamamoto | 68 | September 11, 2008 | Osaka | Multiple murders | 2 | Okiharu Yasuoka |
| Isamu Hirano | 61 | September 11, 2008 | Tokyo | Multiple murders | 2 | Okiharu Yasuoka |
| Michitoshi Kuma | 70 | October 28, 2008 | Fukuoka | Multiple murders | 2 | Eisuke Mori |
| Masahiro Takashio | 55 | October 28, 2008 | Sendai | Multiple murders | 2 | Eisuke Mori |
| Yukinari Kawamura | 44 | January 28, 2009 | Nagoya | Multiple murders | 2 | Eisuke Mori |
| Tetsuya Sato | 39 | January 28, 2009 | Nagoya | Eisuke Mori | ||
| Shojiro Nishimoto | 32 | January 28, 2009 | Tokyo | Multiple murders | 4 | Eisuke Mori |
| Tadashi Makino | 58 | January 28, 2009 | Fukuoka | Multiple murders* | 1 | Eisuke Mori |
Note : Inmates noted with a * were sentenced to death for a single murder committed while on parole for another murder
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