Revision of Death Penalty Gets Momentum

Japan is one of a few developed countries that still embraces death penalty in legal system. Possibly due to highly exclusive system in indictment of criminal cases, it appears that excessive investigation causes wrong penalties on suspects, such as Iwao Hakamada who survived from death row with wrong charge. Discussion over abolishment of death penalty gets momentum in Japan. 

In the case of Hakamada, he was arrested with suspicion of murder in 1966 and sentenced to death in 1980. Hakamada repeatedly requested retrial, arguing that he was innocent. After some series of trials, the court concluded that the public prosecutors fabricated evidences for Hakamada’s involvement in the murder. Although the government did not execute Hakamada, his lifetime in prison, which occupied most of his life, cannot be taken back. Exposed to threat of death for a long time, Hakamada suffers from heavy mental disease with incapability of communication.

 

A non-government conference by experts of criminal law, lawmakers, families of executed prisoners wrapped up their proposal on death penalty in Japan in November, which concluded that death penalty cannot be remaining the same in contemporary legal system. The conference requested the government to establish a body for fundamental discussion over death penalty, suggesting abolishment of it.

 

The proposal argues that death penalty is eroding national interest of Japan, concerning the fact that about seventy percent of all the countries, especially European nations, have abolished death penalty. The conference reported that only three countries of Organization for Economic Cooperation and Development (OECD), Japan, Republic of Korea and the United States, still have death penalty. However, ROK suspended execution from 1998, and 29 states in the U.S. abolished death penalty.

 

The United Nations Special Rapporteurs of Human Rights Council demanded in November the government of Japan to review method of execution, currently prescribed to be hanging, and to consider suspension of execution. They called on Japan “to consider establishing a moratorium on death penalty.” The rapporteurs called death penalty “cruel, inhuman or degrading treatment.”

 

The report of experts also denied deterrence of death penalty on crimes. It argues that there is no evidence of crimes increasing in countries that have abolished death penalty, the deterrence would be related to ratio of arresting crimes, not cruelty of punishment, and it only works when a criminal is in a state of rationality. It also raises possibility of crime with aspiration for death.

 

On proposals of the experts, Chief Cabinet Secretary, Yoshimasa Hayashi, dismissed the request for discussion body in the government, arguing abolishment of death penalty was inappropriate. Hayashi raised some result of polls which indicated that most people thought death penalty as an unavoidable punishment, without commenting about possibility of false accusation.

Comments

Post a Comment

Popular posts from this blog

Amendment of Local Autonomy Law

The House of Representatives started discussion on revision of the Local Autonomy Law, which would vest the national government a power to instruct local government in an emergency. It may change the relationship between the national and local government, which has been recognized as equal. The opposition parties oppose the amendment, arguing that it would give the national government an excessive power.   With the Meiji Restoration, the national government abolished the feudal system, introducing modern governance. However, its autonomy was not sufficient. The governor of each prefecture was appointed by the national government. The local governments subordinated to the national government. It was as late as 2000 when  the Comprehensive Decentralization Law  was enacted and the relationship between the national and local government was defined as equal.   The national government found inconvenience in the relationship between the national and local government, when ...
Read more

Request for Final Nuclear Disposal Site

Ministry of Economy, Trade and Industry requested Genkai Town, Saga, to accept “literature survey” for building a final disposal site for high-level radioactive waste. Genkai is going to answer within this month. If it accepts, it will be the third place to accept that survey, following two places in Hokkaido. Main reason to accept the survey is supposed to be subsidy from the national government.   Japan has no final disposal site. Among all 54 reactors in 17 nuclear power generation plant, 12 reactors of 6 plants are operating. The rest of them are not in operation, some of which are determined to be decommissioned. Used nuclear fuels are stocked in each plant, 　 or have sent to a reprocessing plant in Rokkasho, Aomori. There are two plans to stock nuclear wastes in the intermediate facility for disposal, one is already built and another is still in negotiation.   Nuclear Fuel Final Disposal Act in 2000 determines to bury nuclear waste in the underground. Literature survey, ...
Read more

Not A Royal Wedding

The bride called her husband an indispensable existence and their marriage was necessary choice to protect their mind. The groom insisted on his life as only once and his right to be with his loved one. Her father wanted his daughter’s marriage to be celebrated by the people. The people were not sure whether the family was happy as a whole. Is this the traditional Japanese social system that makes no one happy? Mako Komuro, as known as Princess Mako during her life in one of the royal family Akishino, held on Tuesday a press conference with her husband Kei Komuro, right after submitting marriage report to local government. It was something different from ordinary Q&A session, because Mako was afraid of her mental uneasiness brought by some questions not based on truth. So, the event was actually one-sided speech to the reporters. Mako emphasized that the Kei’s decision of studying abroad five years ago had not been his original idea, but a result of her request to establish an over...
Read more