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More about Hakamada Iwao
You could also, or instead, call on the Japanese authorities
to end the system of daiyo kangoku pre-trial detention
(see below)
or to improve prison conditions (see below) in accordance
with the recommendations of the UN Human Rights Committee
or to try a moratorium on executions
Having written your letter you could send it also to:
Prime Minister Aso Taro
Prime Minister's Office
2-3-1 Nagata-cho
Chiyoda-ku
Tokyo, 100-0014
Japan
Prison Warden Fukuoka Hisashi
Tokyo Detention Center
1-35-1 Kosuge,
Katsushika-ku,
Tokyo, 124-0001
Japan
Information condensed from Amnesty International documents
(website, the Individuals at Risk portfolio, greeting-card actions)
Hakamada Iwao, now 73, has spent over 40 years on death
row, 28 of them in solitary confinement. He was arrested in 1966
for the murder of his employer, his employer's wife, and their two
children.
Held in a police cell, he was interrogated for 20 days under a system
called daiyo kangoku ("substitute prison"). During
this time there are no rules controlling the length of interrogations;
sessions are not recorded; access to lawyers is restricted. Amnesty
International has documented methods routinely used to obtain "confessions",
including intimidation, beatings, sleep deprivation, questioning
from early morning till late at night, and making the suspect stand
or sit in a fixed position for long periods. No lawyer was present
at Hakamada Iwao's interrogation. At his trial he said that he was
beaten and threatened by police officers to coerce him into signing
a onfession. He has repudiated it ever since, maintaining his innocence.
Used as evidence at the trial was a set of bloodstained clothing,
found in a tank at the factory where he worked. The clothing was
too small for him, but the prosecution claimed it had shrunk while
in the tank. The knife he was supposed to have used was, according
to his lawyer, too small to have made the fatal wounds. And the
door by which he was alleged to have entered and left the victims'
house had been locked.
He was convicted in 1968. Lawyers have made several unsuccessful
appeals to the higher courts.
One of the three judges at the original trial, Kumamoto Norimichi,
has publicly stated that he believed Hakamada Iwao to be innocent,
but, outvoted by the other two, had to sentence an innocent man
to death. This judge has now acually joined the campaign to get
Hakamada Iwao freed. British Liberal Democrat MP Alastair Carmichael
is working on the case with Amnesty International, made a recent
trip to Japan, and commented (on the Amnesty Blog website): "I
have never come across a campaign before claiming a miscarriage
of justice where the campaign included one of the trial judges!"
Waiting to be hanged for 40 years, could be hanged tomorrow
In Japan, prison governors and wardens have wide discretion to set
their own rules, and these rules are kept secret. Death row inmates
are not allowed to talk with other prisoners, nor to engage in hobbies
or other interests, nor watch television. Visits from family and
lawyers are at the discretion of the governor. Rules control how
many letters a prisoner may write, when he may go to the toilet,
even the way he is expected to walk.
No wonder that after 28 years in solitary confinement Hakamada Iwao
suffers mental illness.
Execution is by hanging. After appeals are exhausted, a prisoner
may wait years or decades for this. Yet could be executed at
any time. He is notified only on the morning of the day he is
to die. It is done in secret. The family is informed only afterward.
The Ministry of Justice claims this secrecy protects the family
of the prisoner from shame, even that it reduces mental strain on
the prisoner. It does the opposite: the prisoner lives year after
year in unremitting fear of imminent hanging.
In 1998 the UN Human Rights Committee found that prison conditions
for death row inmates in Japan were incompatible with the International
Covenant on Civil and Political Rights, ratified by Japan in 1979.
In 2009 there is no apparent improvement.
The death penalty has wide support in Japan. This is at least partly
due to the extraordinary secrecy that shrouds it from view. People
do not have to think about it, and there is little information for
potential public debate. Over the last two years the rate of executions
has increased.
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