A System Lacking Transparency and Facing Criticism

A Closer Look

Japan's death penalty system is shrouded in secrecy, with little transparency in the selection of inmates for execution and the execution process itself. This lack of clarity has raised concerns about arbitrariness and potential human rights violations.

While the Code of Criminal Procedure mandates the execution of a convict within six months of a finalized death sentence, this rule is treated as an "advisory provision" with no penalty for violations. This has led to significant variations in the time inmates spend on death row, ranging from 1 year and 4 months to 18 years and 6 months.

The Justice Ministry, responsible for selecting and executing death row inmates, has not revealed the criteria used for this decision. This lack of transparency has fueled concerns about potential bias and arbitrariness in the process.

Furthermore, the execution process itself is shrouded in secrecy. Inmates are informed of their execution on the day it is carried out, and details of the procedure are not disclosed. This lack of transparency has drawn criticism from human rights groups and legal experts.

The secrecy surrounding Japan's death penalty system has also led to diplomatic ramifications. Countries that do not carry out capital punishment may be reluctant to conclude extradition treaties with Japan, as they fear their citizens could face execution.

Experts have called for increased transparency in the selection and execution process, as well as greater involvement of the courts. They also argue that Japan should abolish the death penalty altogether, following the lead of many other developed nations.

For more information on the case of Iwao Hakamada, who was wrongly convicted and spent decades on death row before being acquitted, please visit https://www.asahi.com/special/hakamadaletters/en/.