Day 58.1 | The photo that saved 2024 for me

Iwao Hakamada's Trial by Ordeal

Iwao Hakamada, a former Japanese professional boxer, became one of the most prominent symbols of judicial miscarriage after spending more than four decades on death row for a crime he always maintained he did not commit. His case, marked by allegations of forced confessions, fabricated evidence by the police, and prosecutorial misconduct, has drawn international attention to Japan's legal system.

Coerced confession

In 1966, Hakamada was arrested in connection with the brutal murder of a company executive and his family in Shizuoka Prefecture. From the outset, Hakamada insisted on his innocence, but after prolonged police interrogation involving physical and psychological abuse, he was coerced into signing a confession. 

This confession became the cornerstone of the prosecution's case, despite Hakamada later retracting it and claiming it was extracted under duress.

Throughout his trial and subsequent appeals, Hakamada steadfastly maintained his innocence, with his defense lawyers arguing that his confession was coerced. Nevertheless, Iwao was convicted and sentenced to death in 1968. The Japanese legal system's tendency to rely heavily on confessions—often obtained under questionable circumstances—was widely criticized in light of Hakamada's case.

In Japan, prosecutors won't pursue cases they're not sure they can win. This results in a 99.9% conviction rate, but as victims of wrongful convictions are attesting, it doesn't guarantee justice.

The Shadow of Death

Hakamada spent 48 years on death row, enduring the constant psychological torment of living under the shadow of execution. In Japan, death-row inmates are often informed of their execution moments before it is carried out, a practice that has been condemned by human rights organizations as inhumane. 

Authorities typically give prisoners on death row only one or two hours' notice of their hanging, a policy that they argue safeguards the condemned's "emotional stability." This procedure deprives prisoners of their legal rights, as well as the chance to say goodbye to family, lawyer, or receive religious ministry. Japanese death-row inmates wake up every morning wondering if they are not living their final hour.

Over the years, Hakamada's mental health significantly deteriorated, with reports indicating that he developed severe depression and symptoms of psychosis [death row syndrome]. The psychological torment of such uncertainty, combined with the isolation of death row, contributed significantly to Hakamada's mental decline. His sister, Hideko, observed that he now has limited capability of recognizing reality, a condition likely exacerbated by the prolonged solitary confinement he endured. Despite his declining mental condition, appeals for retrial and clemency were repeatedly denied.

It is now widely acknowledged that prolonged solitary confinement can cause serious harm, and amounts to torture. After his release, Hideko noted that while Iwao enjoys daily strolls, there are signs of the lengthy detention's impact on his mental health. She noticed that his mental illness developed during his prolonged detention.

One of the most remarkable aspects of Hakamada's story is the unwavering support he received from his sister, Hideko Hakamada. For decades, she campaigned tirelessly for her brother's release, raising awareness about the injustices in his case. Hideko’s dedication was instrumental in garnering public and international support, which ultimately played a crucial role in reopening his case.

New Evidence and Allegations of Fabrication

In 2014, new evidence emerged that cast serious doubt on Hakamada's conviction. The most critical piece of evidence used against him was a set of blood-stained clothes allegedly worn during the crime. However, forensic analysis revealed that the clothes were too large for Hakamada and had been preserved in miso barrels for over a year, raising suspicions that the blood stains were planted by the police.

Furthermore, advances in DNA testing showed that the blood on the clothing did not match Hakamada's DNA. These findings pointed to police misconduct and the deliberate fabrication of evidence, which led to a renewed call for a retrial.

Retrial and Acquittal

Despite the compelling new evidence, the prosecution vehemently opposed a retrial, arguing that the original verdict should stand. 

Nevertheless, in 2023, a district court finally granted Hakamada a retrial, citing the unreliability of the evidence and serious doubts about the integrity of the investigation.

In 2024, after years of legal battles, Hakamada was acquitted, and his death sentence was formally overturned. The court acknowledged that the evidence had been fabricated by investigators, a landmark ruling that underscored serious flaws in the case.

The Hakamada case exposed significant issues within Japan's judicial system, particularly the reliance on forced confessions and the lack of safeguards against prosecutorial and/or police misconduct. Although Hakamada was eventually acquitted, his case highlighted the urgent need to reform the criminal justice system and abolish the death penalty.

The decades-long legal battle has left a lasting impact on Iwao and his family.

Despite his acquittal, Iwao's legal ordeal was not entirely over, as the prosecution considered for a while appealing the retrial decision— before finally waiving their right to appeal.

After Iwao's acquittal was finalized, the prosecuting district attorney (pictured) visited Hakamada's house to formally apologize for the police and prosecution misconduct. This unprecedented gesture underscored the gravity of the injustice Hakamada had suffered.

Police Chief's Formal Apology

The chief of the Shizuoka Prefectural Police offered an apology in person (top photo) to Iwao Hakamada at his home in Shizuoka Prefecture following his acquittal in a retrial over a 1966 murder case last month.

Takayoshi Tsuda visited the home of Hakamada, 88, in the city of Hamamatsu, bowing deeply for about two minutes.

“I am sorry for the pain and burden I have caused you over the last 58 years, which cannot be expressed in words,” Tsuda said to Hakamada and his older sister Hideko, 91, who fought a decades-long legal battle on behalf of her brother.

In response, Hideko stated, “Both Iwao and I believe (what happened) was destiny. I have no intention of complaining now.”

In its retrial ruling on Sept. 26, the Shizuoka District Court said that investigators coerced Hakamada into confessing, and that bloodstained pieces of clothes believed to have been worn at the time of the crime were planted by investigative authorities.

Tsuda told reporters on Oct. 9, the day when prosecutors waived their right to appeal against the retrial ruling, that he intended to apologize to Hakamada in person.

Speaking to reporters following the meeting, Tsuda again apologized, saying "coercive and intimidating interrogation" had been used against Hakamata. "We will conduct more thorough and appropriate investigations in the future," he said.

In its Sept. 26 ruling acquitting Hakamada, the Shizuoka District Court said investigators had fabricated evidence, including five pieces of clothing Hakamada allegedly wore during the incident. The items played a key role in his conviction.

The court also said his confession during questioning was "forced by inflicting physical and mental pain," calling his interrogation "inhumane."

The ruling was finalized on Oct. 9, 2024, marking an end to his family's decades-long struggle for justice.

— Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, usually dangerous experience. In medieval Europe, trial by ordeal ['ordalie' in French] was sometimes considered a "judgement of God," a procedure based on the premise that God would help the innocent by performing a miracle on their behalf. (Wikipedia)

Source: Last3xit, Editor, January 15, 2025

Disclaimer

No copyright infringement is intended. I do not own nor claim to own the rights to the above content. If you are the rightful owner of material (photos, videos, artwork, product) posted to this non-profit blog and want it removed or credited, please contact me at mynarrowcorner@gmail.com, and your material will be promptly removed or credited.