Innocence of Hakamada Is Fixed

The Supreme Public Prosecutors Office decided not to appeal to the higher court in the Hakamda Case, in which Shizuoka District Court sentenced innocent for the defendant in the retrial in September. Complaining to the court decision, Prosecutor General Naomi Umemoto apologized on keeping Hakamada on unstable legal status for a long time. The case revealed fundamental problems in criminal investigation in Japan.

Iwao Hakamada, 88, was arrested with suspicion of murder and robbery in Shimizu city, Shizuoka, in 1966 and was sentenced to death penalty in the court. Although Hakamada requested a retrial for several times, it was dismissed every time. It was 2014, when Hakamada was released from detention with a court decision of starting retrial. But the retrial actually started in 2023. Hakamada suffers from disability in communication by mental pressure from fear for death penalty.

 

In the sentence for Hakamda, Shizuoka District Court accused public prosecutors of fabrication of evidence, which the prosecutors alleged to have found in a tank of brewing miso paste. The court found that the stain on the shirt would not be blood of victim, because stain of blood would not be kept red, but must be turning to black, soaked in miso paste in the tank for such a long period of time as a year and two months.

 

In the statement released on October 8, Umemoto complained that the court determined the evidence as fabricated without showing any reason. While stating a rationality for them to appeal to the higher court, Umemoto told that the public prosecutors office would not appeal, considering the fact that Hakamada had been laid on an unstable legal situation for a long time. “On this point, we feel sorry as public prosecutors office as a part of criminal judiciary,” said the statement.

 

If Hakamada will be found innocent, he can demand the national government compensation for the mental pain. Based on a standard which would be 12.5 thousand yen per a day, Hakamada can be receiving around 200 million yen for 17 years of detention. The lawyers for Hakamada are considering to file a lawsuit seeking compensation from the national government.

 

One fundamental problem is secret investigation, in which coercive interview on suspects can be exercised. The investigation by the authority was leaning on confess of suspect in early post-war era. TV news shows revealed recorded sound of investigation by the police, in which the interviewers hurled cruel words on Hakamada, condemning his as an offender.

 

Another problem is difficulty of retrial in judicial process. Insisting innocence, Hakamada requested the court retrial for several times, after the Supreme Court found him guilty. It took 34 years for the court to decide to start a retrial, since it confirmed death penalty for Hakamada in 1980. Including high ratio of indictment by prosecutors’ office in criminal trials, it is necessary for the government to review the problems of judicial system in Japan.

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