Global Human Rights Defence

cropped-cropped-GHRD-Logo-1.png
Donate Now!

Japan’s Death Penalty and it’s Unintended Consequences

Leave a Comment / Minority Rights / By
Japan’s Death Penalty and it’s Unintended Consequences
Demonstrators outside the White House on January 11, 2022, commemorating the 20th anniversary of the Guantanamo Bay Detention Center. By: Maria Oswalt, via Unsplash, 2022.

Author: Malina Wiethaus

Department: Japan Team

Introduction

In 2020, Amnesty International recorded 483 cases of capital punishment worldwide; the true extent of execution is believed to be drastically higher. While China remains the country with the highest number of executions in 2020, the number of executions is considered a state secret, making the numbers unreliable. Amnesty International expects the true number to be higher by thousands (Amnesty International, 2021). Globally, a trend towards the abolishment of the death penalty can be witnessed; 75 percent of UN member states have abolished the practise. Japan is one of the few countries standing by it (Ogura, 2022). This article will explore the current developments in the country, national support and criticism for the practice, its unintended consequences, as well as its legality under national and international law.

 

Current Developments

Among the member states of the Organisation for Economic Cooperation and Development (OECD) countries, Japan and the USA are the only countries actively carrying out executions (Ogura, 2022). According to the Japanese Justice Ministry, currently 107 prisoners are on death row. While all death row inmates foresee capital punishment, death row inmates shoulder an additional burden in Japan (Kyodo, 2021). Japanese death row inmates are known to be held in inhumane conditions and get notified only hours in advance before their execution. The short notice leaves the inmates no time to file an appeal or prepare mentally (McCurry, 2021).

As a result of this, two inmates sued the Japanese government for this practice in November 2021. Besides demanding the end of the same day notification policy, the inmates sought 22 million Yen ($193,594) in compensation (Reuters, 2021). Families of those executed often only get notified of the death after the execution has taken place. This forces inmates to write goodbye letters to their families and relatives before being executed (Ogura, 2022; Amnesty International, 2021b). The last execution in Japan took place in December 2021. Three people were hanged on Tuesday, the 21st of December 2021 after two years without the use of capital punishment (McCurry, 2021b).

National Support and Criticism

Government surveys find that an overwhelming majority of Japanese citizens stand behind the death penalty (AFP-Jiji, 2021). According to the Japanese Cabinet Office, over 80% of the public support capital punishment. The most recent survey results, announced in January 2020, suggest that the death penalty is considered “inevitable” by most (Mainichi, 2020). However, among others, the death penalty project criticises the validity of the survey. The government’s survey has serious methodological problems, leading to the “superficial representation of the public opinion”. This is, among other things, due to sample bias and low response rates (The Death Penalty Project, 2013). Furthermore, three independent surveys have provided counterevidence. They found that only 44% of Japanese public are determined to keep the death penalty (The Death Penalty Project, 2013).

Criticism also surfaced after the release of death row inmate Iwao Hakamada. Hakamada served 45 years on death row for murder before his acquittal in 2014. The former boxer got released after his retrial found him to be convicted on fabricated evidence. In Japan, Hakamada was only the sixth inmate on death row to have a retrial (McCurry, 2014).

Unintended Consequences

Like many death row inmates in Japan, Hakamada developed serious mental health conditions (McCurry, 2014). In 2009, Amnesty International published a report condemning the treatment of death row prisoners in Japan as “cruel, inhumane, and degrading” (McCurry, 2009). The case of Iwao Hakamada was considered a prime example of the degrading arbitrariness of Japan’s death row practices (Amnesty International, 2009).

Japanese detention on death row in practice means many years of solitary confinement. Isolation and the ongoing threat of execution are two major factors that lead to the serious deterioration of a prisoner’s mental health (Amnesty International, 2009). The data on the effects of solitary confinement are well documented and date back to the 19th century. In 1954, the harmful condition “prison psychosis” was observed in Germany. The findings stress the “injurious effect on the body and mind” that solitary confinement has on one and that this can “predispose to hallucinations” (Shalev, 2008). Japan has received harsh criticism for applying capital punishment and imposing solitary confinement on the mentally ill (McCurry, 2021).

National Laws

Two crucial parts of the capital punishment procedure in Japan will be examined in the following section. Firstly, the national laws addressing the sentencing and exclusions from death sentence will be examined. Secondly, the unintended consequences of life on death row will be analysed in accordance with national laws.

Article 31 of the Japanese Constitution states that no one shall be deprived of their freedoms “except according to procedure established by law” (Japanese Constitution Art. 31, 1947). These procedures are recorded in the Code of Criminal Procedure. The Japanese justice system considers three levels of responsibility crucial to the understanding of the sentencing and exclusions of the death penalty. The first level is the criminal responsibility of the defendant. This refers to the extent to which the accused can be held responsible for their actions (Amnesty International, 2009).

The second level is the procedural competence of the defendant. Hereby the competence of the accused to take part in legal proceedings (Amnesty International, 2009). Article 314(1) of the Code of Criminal Procedure states that all legal proceedings must be suspended “when the accused is in a state of insanity” (Code of criminal Procedure Art. 314(1), 1949). This means that if the defendant is in no mental capacity to fully understand the legal proceeding, such as the accusation, the proceedings must be suspended until further notice.

The third level refers to being fit for punishment and execution. Article 479 (1) ensures that “where the person who has been sentenced to death is in a state of insanity, the execution shall be suspended by order of the Minister of Justice” (Code of Criminal Procedure Art. 479(1), 1949). This also includes mental illnesses deriving from the prior procedures or detention (Amnesty International, 2009). Therefore, the unintended consequences from Japanese death row practices must lead to a suspension of capital punishment in the respective cases until the prisoner “returns to a state of sanity” (Code of Criminal Procedure Art. 479(3), 1949). Moreover, capital punishment must be suspended if the prisoner is pregnant until after the birth has taken place (Code of Criminal Procedure Art. 479(2), 1949). According to Amnesty International, there has never been a suspension of execution due to mental illness, even though multiple cases of limited mental capacity have been reported. Criminal procedures have only been suspended as a result of identified procedural incompetence (Amnesty International, 2009).

International Standards

The International Covenant of Civil and Political Rights (ICCPR) highlights the legal obligations of a country in regard to the death penalty. Article 6 states that “every human being has the inherent right to life” (ICCPR Art. 6(1), 1966). The article goes on and prescribes the requirements under which a country that has not abolished the death penalty yet is allowed to perform such punishment. Article 6(4) legally requires a country to allow “anyone sentenced to death […] the right to seek pardon or commutation of the sentence” (ICCPR Art. 6(4), 1966). The Japanese authorities have taken inadequate measures to ensure the effective and mandatory right to appeal by death row prisoners (The Death Penalty Project, 2013). Furthermore, Article 6(6) clearly states that countries are still obliged to aim for the abolishment of the death penalty (ICCPR Art. 6(6), 1966). Japan has failed to fulfil its legal obligation under the ICCPR by not working towards the abolishment of such punishment (The Death Penalty Project, 2013).

Moreover, the Safeguards adapted by the Economic and Social Council in 1984 outline the rights for those facing the death penalty. The “Implementation of the safeguards guaranteeing protection of the rights of those facing death penalty”, Resolution 1989/64 highlights necessary steps to protect those on death row. This includes “eliminating the death penalty for persons suffering from mental retardation or extremely limited competence, whether at the stage of sentence or execution” (ECOSOC, Resolution 1989/64 1(d), 1989). Additionally, member states are recommended to establish a maximum age of execution (ECOSOC, Resolution 1989/64 1(c), 1989). Japan has made no efforts to protect the rights of prisoners on death row as set out by international law (Amnesty International, 2009).

Conclusion

The world is moving toward the abolishment of the death penalty; where over the last ten years, eleven countries have abolished the death penalty for all crimes, while some countries restricted the practice to only the most serious crimes (Death Penalty Information Center, 2021). Yet, Japan makes little effort to fulfil its legal obligation under international law to work towards the abolishment of the death penalty. More needs to be done to protect the rights of the inmates on death row. The adaptation of independent research to discover the true extent of public support for the death penalty is crucial to better pressure the Japanese government to work towards the abolishment of the death penalty (The Death Penalty Project, 2013).

 

References

AFP-Jiji. (2021, December 21). Japan hangs three death-row inmates in first executions since 2019. The Japan Times. Retrieved March 25, 2022, from https://www.japantimes.co.jp/news/2021/12/21/national/japan-executions-2019/

Amnesty International. (2009, September 10). Japan: Hanging by a thread: Mental health and the death penalty in Japan. Retrieved March 25, 2022, from https://www.amnesty.org/en/documents/asa22/005/2009/en/

Amnesty International. (2021, December 21). Japan: Abhorrent executions crush hopes of progress under new prime minister. Retrieved March 25, 2022, from https://www.amnesty.org/en/latest/news/2021/12/japan-abhorrent-executions-crush-hopes-of-progress-under-new-prime-minister/

Amnesty International. (2022, January 7). Death penalty in 2020: Facts and figures. Retrieved March 25, 2022, from https://www.amnesty.org/en/latest/news/2021/04/death-penalty-in-2020-facts-and-figures/

Code of Criminal Procedure (1949). Retrieved 25.03.2022. Part I available

http://www.japaneselawtranslation.go.jp/law/detail/?id=3364&vm=02&re=02  

Code of Criminal Procedure (1949). Retrieved 25.03.2022. Part II available

http://www.japaneselawtranslation.go.jp/law/detail_main?re=&vm=2&id=1983

Death Penalty Information Center. (2021, August 23). Countries That Have Abolished the

Death Penalty Since 1976. Retrieved April 8, 2022, from

https://deathpenaltyinfo.org/policy-issues/international/countries-that-have-abolished-t

he-death-penalty-since-1976

International Covenant on Civil and Political Rights (ICCPR) (16 December 1966). Retrieved

25.03.2022. Available at https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights

Japanese Constitution (1947). Retrieved 25.03.2022. Available at

https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html

Kyodo. (2021, December 21). Japan hangs three death-row inmates in first executions since 2019. The Japan Times. Retrieved March 25, 2022, from https://www.japantimes.co.jp/news/2021/12/21/national/japan-executions-2019/

Mainichi. (2020, January 18). Over 80% accept death penalty in Japan as “inevitable”: government poll. The Mainichi. Retrieved March 25, 2022, from https://mainichi.jp/english/articles/20200118/p2a/00m/0na/010000c

McCurry, J. (2014, March 27). Japanese man freed after 45 years on death row as court orders retrial. The Guardian. Retrieved March 25, 2022, from https://www.theguardian.com/world/2014/mar/27/japanese-man-freed-death-row-retrial

McCurry, J. (2021a, November 5). Death row inmates sue over Japan’s brief notice of execution. The Guardian. Retrieved March 25, 2022, from https://www.theguardian.com/world/2021/nov/05/japan-death-row-inmates-sue-over-same-day-notification-of-execution-report

McCurry, J. (2021b, December 21). Japan hangs three men on death row in first executions since 2019 – reports. The Guardian. Retrieved March 25, 2022, from https://www.theguardian.com/world/2021/dec/21/japan-hangs-three-men-on-death-row-in-first-executions-since-2019-reports

Ogura, T. (2022, February 7). Inmates’ suit over 11th-hour execution notices a chance for Japan judicial system debate. The Mainichi. Retrieved March 25, 2022, from https://mainichi.jp/english/articles/20220205/p2a/00m/0na/022000c

Reuters. (2021, November 5). Death row inmates sue over Japan’s “inhumane” same-day notification policy. The Japan Times. Retrieved March 25, 2022, from https://www.japantimes.co.jp/news/2021/11/05/national/japan-death-penalty/

Shalev, S. (2008) A Sourcebook on Solitary Confinement.

London: Mannheim Centre for Criminology, London School of Economics.

Available online at: www.solitaryconfinement.org

The Death Penalty Project. (2013, March 13). The Death Penalty in Japan. Retrieved March 25, 2022, from https://deathpenaltyproject.org/knowledge/the-death-penalty-in-japan/

UN Economic and Social Council (ECOSOC), “Safeguards guaranteeing protection of the

rights of those facing the death penalty”, Resolution 1984/50, 25 May 1984. Retrieved

25.03.2022. Available at https://www.unodc.org/pdf/criminal_justice/Safeguards_Guaranteeing_Protection_of_the_Rights_of_those_Facing_the_Death_Penalty.pdf

UN Economic and Social Council (ECOSOC), “Implementation of the safeguards

guaranteeing protection of the rights of those facing the death penalty”. Resolution 1989/64, 24 May 1989. Retrieved 25.03.2022. Available at https://digitallibrary.un.org/record/75549#record-files-collapse-header

POPULAR POSTS

FOLLOW US

Related Posts:

Leave a Comment

Your email address will not be published.

About GHRD

Our mission is to actively promote and protect human rights of the minorities and marginalized groups, in order to enhance their socio-economic status.

Our vision is to grant a world where the rights of all minorities and marginalized groups are respected and upheld in accordance with national and international laws, treaties and agreements.

Contact Us

Address: STICHING GLOBAL HUMAN RIGHTS DEFENCE
Riviervismarkt 5-unit 2.07 2513 AM ‘S-Gravenhage
Email: info@ghrd.org
Chambers of commerce:  27261631

Organization in Special Consultative Status with the Economic and Social Council since 2015

Donate

Help us Change the Lives of Individuals Globally

Donate Now!
Facebook
Twitter
LinkedIn
Share
Instagram

Bank Details

ABNAMRO IBAN:

NL69ABNA0417943024
BIC: ABNANL2A

Quick Links: 

Mandakini

Coordinator - Tibet Team

Mandakini graduated with honours from the Geneva Academy of International Humanitarian Law and Human Rights. Her team analyses the human rights violations faced by Tibetans through a legal lens.

Kenza Mena
Team Coordinator -China

Kenza Mena has expertise in international criminal law since she is currently pursuing a last-year Master’s degree in International Criminal Justice at Paris II Panthéon-Assas and obtained with honors cum laude an LLM in International and Transnational Criminal Law from the University of Amsterdam. She also holds a Bachelor’s degree in French and Anglo-American law. 

Since September 2021, she has been the coordinator of Team China at GHRD, a country where violations of human rights, even international crimes, are frequently perpetrated by representatives of the State. Within Team China, awareness is also raised on discrimination that Chinese women and minorities in the country and, more generally, Chinese people around the world are facing.

Kenza believes that the primary key step to tackle atrocities perpetrated around the world is advocacy and promotion of human rights.

Linkedin
Aimilina Sarafi
Pakistan Coordinator

Aimilina Sarafi holds a Bachelor’s degree cum laude in International Relations and Organisations from Leiden University and is currently pursuing a Double Legal Master’s degree (LLM) in Public International Law and International Criminal Law at the University of Amsterdam.
She is an active advocate for the human rights of all peoples in her community and is passionate about creating a better world for future generations. Aimilina is the coordinator for the GHRD team of Pakistan, in which human rights violations of minority communities in Pakistan are investigated and legally evaluated based on international human rights legal standards.
Her team is working on raising awareness on the plight of minority communities such as women, children, religious and ethnic minorities within Pakistan.

Linkedin
Lukas Mitidieri
Coordinator & Head Researcher- Bangladesh

Lucas Mitidieri is currently pursuing his bachelor’s degree in International Relations at the Federal University of Rio de Janeiro (UFRJ). As the GHRD Bangladesh Team Coordinator, he advocates for human rights and monitors violations across all minorities and marginalized groups in Bangladesh. Lucas believes that the fight for International Human Rights is the key to a world with better social justice and greater equality.

Linkedin
Nicole Hutchinson
Editorial Team Lead

Nicole has an MSc in International Development Studies with a focus on migration. She is passionate about promoting human rights and fighting poverty through advocacy and empowering human choice. Nicole believes that even the simplest social justice efforts, when properly nurtured, can bring about radical and positive change worldwide.

Linkedin
Gabriela Johannen
Coordinator & Head Researcher – India

Gabriela Johannen is a lawyer admitted to the German bar and holds extensive knowledge in the fields of human rights, refugee law, and international law. After working for various courts and law firms in her home country, she decided to obtain an LL.M. degree from Utrecht University where she studied Public International Law with a special focus on Human Rights. Additionally, while working as a pro-bono legal advisor for refugees, she expanded her knowledge in the fields of refugee law and migration.

Gabriela is the coordinator and head researcher for GHRD India, a country, she has had a personal connection with since childhood. Her primary focus is to raise awareness for the severe human rights violations against minorities and marginalized groups that continue to occur on a daily basis in India. By emphasizing the happenings and educating the general public, she hopes to create a better world for future generations.

Linkedin
João Victor
Coordinator & Head Researcher – International Justice

João Victor is a young Brazilian lawyer who leads our team of International Justice and Human Rights. He holds a Bachelor’s degree in Law from the Federal University of Rio de Janeiro, Brazil and possesses over 5 years of experience in dealing with Human Rights and International Law issues both in Brazil and internationally, including the protection of refugees’ rights and the strengthening of accountability measures against torture crimes.

João has an extensive research engagement with subjects related to International Justice in general, and more specifically with the study of the jurisprudence of Human Rights Courts regarding the rise of populist and anti-terrorist measures taken by national governments. He is also interested in the different impacts that new technologies may provoke on the maintenance of Human Rights online, and how enforcing the due diligence rules among private technology companies might secure these rights against gross Human Rights violations.

Linkedin
Célinne Bodinger
Environment and Human Rights Coordinator

As the Environment and Human Rights Coordinator, Célinne is passionate about the health of our planet and every life on it.

Linkedin
Angela Roncetti
Team Coordinator and Head Researcher- South America

Angela holds a Bachelor of Laws (LL.B) from Vitória Law School (FDV) in Brazil. Her research combines more than five years of experience conducting debates and studies on the rights of homeless people, the elderly, children, and refugees. Besides that, she also volunteers in a social project called Sou Diferente (I am Different in English), where she coordinates and takes part in actions aimed at the assistance and the emancipation of vulnerable groups in the cities of the metropolitan area of Espírito Santo state (Brazil).

Linkedin
Lina Borchardt
Team Head (Promotions)
(Europe)

She is currently heading the Promotions Team and University Chapter of Global Human Rights Defence. Her background is the one of European and International Law, which I am studying in The Hague. She has previously gained experience at Women´s Rights organizations in Germany, the Netherlands and Turkey over the past years.
She has been working for Global Human Rights Defence in the Netherlands since 2020. Her focus now is concentrated on the Human Rights and Minorities Film Festival and the cooperation of GHRD with students across the country.

Linkedin
Pedro Ivo Oliveira
Team Coordinator and Researcher
(Africa)

Pedro holds an extensive background in Human Rights, especially in Global Health, LGBTQ+ issues, and HIV and AIDS. He is currently finishing his Bachelor’s Degree in International Relations and Affairs at the Pontifical Catholic University of Minas Gerais, Brazil. Moreover, he successfully attended the Bilingual Summer School in Human Rights Education promoted by the Federal University of Minas Gerais and the Association of Universities of the Montevideo Group. Besides, Pedro Ivo has a diversified professional background, collecting experiences in many NGOs and projects.

With outstanding leadership abilities, in 2021, Pedro Ivo was the Secretary-General of the 22nd edition of the biggest UN Model in Latin America: the MINIONU. Fluent in Portuguese, English, and Spanish, Pedro Ivo is the Team Coordinator and Head Researcher of the Team Africa at Global Human Rights Defence. Hence, his focus is to empower his team from many parts of the world about the Human Rights Situation in the African continent, meanwhile having a humanized approach.

Linkedin
Alessandro Cosmo
GHRD Youth Ambassador
(European Union)

Alessandro Cosmo obtained his B.A. with Honors from Leiden University College where he studied International Law with a minor in Social and Business Entrepreneurship. He is currently pursuing an LL.M. in Public International Law at Utrecht University with a specialization in Conflict and Security. 
As GHRD’s E.U. Youth Ambassador, Alessandro’s two main focuses are to broaden the Defence’s reach within E.U. institutions and political parties, as well as mediate relations between human rights organizations abroad seeking European funding. 
Alessandro believes that human rights advocacy requires grass-roots initiatives where victims’ voices are amplified and not paraphrased or spoken for. He will therefore act on this agenda when representing Global Human Rights Defence domestically and abroad

Linkedin
Veronica Delgado
Team Coordinator and Researcher- Japan, Sri Lanka & Tibet

Veronica is a Colombian lawyer who leads our team of Japan, Sri Lanka and Tibet. She holds a master’s degree in Public International Law from Utrecht University. She has experience in Colombian law firms. Here she represented clients before constitutional courts. She also outlined legal concepts to state entities such as the Ministry of Foreign Affairs and the Ombudsman’s Office on international law issues.

Veronica has an extensive research background with subjects related to public international law. She worked as an assistant researcher for more than two years for the Externado University of Colombia. Here she undertook in-depth research on constitutional, business, and human rights law issues. She was involved with consultancy services with the Colombian Army regarding transitional justice. 

Linkedin
Wiktoria Walczyk
Coordinator & Head Researcher (Nepal & Indonesia)

Wiktoria Walczyk has joined GHRD in June 2020 as a legal intern. She is currently coordinator and head researcher of Team Nepal and Indonesia. She has an extensive legal knowledge concerning international human rights and is passionate about children’s and minorities’ rights. Wiktoria has obtained her LL.B. in International & European Law and she specialised in Public International Law & Human Rights at The Hague University of Applied Sciences in the Netherlands. Moreover, she is pursuing her LL.M. in International & European Law and focusing on Modern Human Rights Law specialisation at the University of Wroclaw in Poland. In order to gain an essential legal experience, Wiktoria has also joined Credit Suisse’s 2021 General Counsel Graduate First Program where she is conducting her legal training and discovering the banking world. She would like to make a significant impact when it comes to the protection of fundamental human rights around the world, especially with regard to child labour. 

Linkedin
Fairuz Sewbaks
Coordinator and Head Researcher
(Africa)​

Fairuz Sewbaks holds extensive legal knowledge regarding international human rights, with a specific focus on human rights dealings taking place in continental Africa. She holds a bachelor’s degree from The Hague University in public international law and international human rights and successfully followed advanced human rights courses at the Centre for Human Rights, University of Pretoria. She furthermore participated in the Istanbul Summer School where she was educated about the role of epidemics and pandemics in light of human rights.

 

Fairuz is the coordinator and head researcher for GHRD Africa. Her primary focus is to establish and coordinate long-term research projects regarding the differentiating human rights dealings of vulnerable and marginalized groups in continental Africa, as well as conducting individual research projects.

Linkedin
Priya Lachmansingh
Coordinator and Head Researcher, Political Advisor
(Asia & America)

Priya Lachmansingh is currently pursuing her bachelor’s degree in International & European
Law at the Hague University of Applied Science.
As GHRD’s Asia & America human rights coordinator and GHRD Political Advisor, Priya’s
prominent focus is to highlight human rights violations targeted against minority and
marginalized groups in Asia and America and to broaden GHRD reach within Dutch political
parties and as well seek domestic funding.

Linkedin
Jasmann Chatwal
Team Coordinator & Head Coordinator: North America

Jasmann is a political science student at Leiden University who joined GHRD in May 2021 as an intern in team Pakistan. Now, she is the team coordinator for North America and is responsible for coordinating the documentation of human rights violations in USA, Canada, and America. 

Linkedin