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t's time we all sent another letter for Hakamada Iwao, condemned
in an unfair trial, longest on death row in the world, and driven
to insanity.
More
about Hakamada Iwao, condensed from Amnesty International
documents (website, the Individuals at Risk portfolio, greeting-card
actions, and a new mailing in 2011)
Hakamada Iwao, now 75, has spent over 44 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,
which last up to 12 hours a day; sessions are not recorded; no lawyers
are present. 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. 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 joined the campaign to get Hakamada Iwao
freed, and has testified to the UN:
www.protectthehuman.com/videos/-i-had-to-sentence-an-innocent-man
. British Liberal Democrat MP Alastair Carmichael has worked on
the case with Amnesty International, made a 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 44 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. 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.
Driven mad
No wonder that Hakamada Iwao suffers mental illness. After his sister requested a re-trial, a psychiatric review was made by Dr Nakajima, who found that Hakamada's condition amounted to a state of insanity, he could not maintain a conversation, had megalomania, had lost understanding of what execution meant, needed hospital treatment, was not competent to petition for a re-trial, or indeed to be executed. This allowed his family to petition in his stead for a re-trial, which his sister did, but re-trial was again turned down. His sister believes that a re-trial would lead to his release.
Cautious hope
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.
But in past months the government has shown some openness to public
debate on the death penalty. New Minister of Justice Eda Satsuki
delcared at a press conference on 21 January 2011 that it is time
for Japan to consider abolition.
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