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Japan’s Shizuoka District Court aquitted 88-year-old Iwao Hakamata on Thursday in a retrial, overturning his conviction after spending 48 years on death row. Presiding judge Kunii Koshi held that evidence against Hakamata had been manipulated by the investigative authorities at the time.
In 1966, Hakamada was convicted of murdering four individuals—a senior manager at his work place, and the manager’s wife and two children—and setting their home on fire. Key evidence presented by prosecutors that included clothing allegedly belonging to Hakamada, which was used to secure his conviction. In 1980, his death sentence was finalized by the Supreme Court of Japan. In 1981, he requested a retrial.
A retrial was initially granted by the Shizuoka District Court in March 2014, but prosecutors appealed the decision. In March 2023, the Tokyo High Court upheld the Shizuoka District Court’s decision, allowing the retrial to proceed and dismissing the prosecution’s appeal.
During the retrial, Juge Kunii concluded that crucial evidence, including the bloodstains on the clothings and the investigation records, had been fabricated. Forensic analysis indicated that the bloodstains could not have maintained their red hue after being buried in miso paste for over a year, contradicting claims made by investigators. The judge further stated the authority had added the bloodstains and hid the evidence in the miso tank after the murder.
Notwithstanding the court’s apology for the significant delay to acquitting Hakamata, the decision leaves room for potential appeals. The apology was given to Hakamata’s sister acted on behalf of Hakamata due to his inability to attend because of “confinement syndrome,” a condition affecting his mental health after years of incarceration.
This landmark decision marks the fifth acquittal in a retrial of a death penalty case in Japan since World War II and raises serious questions about the country’s criminal justice system, particularly the retrial process. Critics argue that retrial decisions depend heavily on the presiding judge’s discretion because Japanese criminal procedural law offers minimal guidance on retrial procedures, which undermines the constitutional protection against double jeopardy under Article 39 of Japan’s Constitution.
Following the acquittal, Amnesty International urged the Shizuoka District Public Prosecutors Office not to appeal the sentence and called on the Japanese government to immediately abolish the death penalty.
The post Japan court acquits Iwao Hakamata after 48 years on death row appeared first on JURIST - News.
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In 1966, Hakamada was convicted of murdering four individuals—a senior manager at his work place, and the manager’s wife and two children—and setting their home on fire. Key evidence presented by prosecutors that included clothing allegedly belonging to Hakamada, which was used to secure his conviction. In 1980, his death sentence was finalized by the Supreme Court of Japan. In 1981, he requested a retrial.
A retrial was initially granted by the Shizuoka District Court in March 2014, but prosecutors appealed the decision. In March 2023, the Tokyo High Court upheld the Shizuoka District Court’s decision, allowing the retrial to proceed and dismissing the prosecution’s appeal.
During the retrial, Juge Kunii concluded that crucial evidence, including the bloodstains on the clothings and the investigation records, had been fabricated. Forensic analysis indicated that the bloodstains could not have maintained their red hue after being buried in miso paste for over a year, contradicting claims made by investigators. The judge further stated the authority had added the bloodstains and hid the evidence in the miso tank after the murder.
Notwithstanding the court’s apology for the significant delay to acquitting Hakamata, the decision leaves room for potential appeals. The apology was given to Hakamata’s sister acted on behalf of Hakamata due to his inability to attend because of “confinement syndrome,” a condition affecting his mental health after years of incarceration.
This landmark decision marks the fifth acquittal in a retrial of a death penalty case in Japan since World War II and raises serious questions about the country’s criminal justice system, particularly the retrial process. Critics argue that retrial decisions depend heavily on the presiding judge’s discretion because Japanese criminal procedural law offers minimal guidance on retrial procedures, which undermines the constitutional protection against double jeopardy under Article 39 of Japan’s Constitution.
Following the acquittal, Amnesty International urged the Shizuoka District Public Prosecutors Office not to appeal the sentence and called on the Japanese government to immediately abolish the death penalty.
The post Japan court acquits Iwao Hakamata after 48 years on death row appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.