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 the manager of a miso factory, his wife and two children in Shizuoka Prefecture. Their house was robbed and set alight. Iwao Hakamada was an employee at the miso factory.

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. 

The prosecution submitted 45 signed documents by Hakamada confessing his crime, but the court admitted only one.

This confession became the corner stone 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—sealed Iwao's fate.

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

The Shadow of Death

Japanese death row conditions are notoriously harsh.

Death row is a place of profound isolation and secrecy, where inmates face prolonged periods of uncertainty and solitary confinement, often in gruelling conditions. 

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 informed of their execution moments before it is carried out, a practice that has been condemned by human rights organizations and international bodies 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 practice, though, deprives prisoners of their legal rights, as well as the chance to say goodbye to family, contact their lawyer, or spend their final moments with their spiritual advisor.

As a rule, Japanese death-row inmates wake up every morning wondering if they are not living their last hour. In a recent action, they said that they are "living in hell" because they spend every day not knowing when they will be executed.

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. 

It is now widely acknowledged that prolonged solitary confinement can cause serious harm, and amounts to torture. 

After Iwao's release, Hideko noted that while he enjoys daily strolls, there are signs of the lengthy detention's impact on his mental health. Through the letters they exchanged, she noticed how Iwao's mental health deteriorated and his mental illness developed during his 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.

Despite Iwao's declining mental condition, appeals for retrial and clemency were repeatedly denied.

New Evidence, DNA Testing

The police claimed that Hakamada was in his pyjamas when he committed the murder, and that the pyjamas were stained with blood that was not his, and with oil used in the arson. But then, 14 months after the crime and nine months after the trial had started, five other items of heavily blood-stained clothing were mysteriously "discovered" in a miso barrel at the factory.

The prosecution duly altered its argument, and claimed that Hakamada wore the newly found clothes when murdering the family and then – for whatever reason – changed into pyjamas to commit the arson.

However, the color of the clothes was too light and the blood stains too dark for them to have been stewing in a miso barrel for 14 months. The clothes were also too small for Hakamada. The prosecution claimed that the clothes shrunk in the miso barrel, and that the tag "B" on the clothes indicated a medium size (which would have fit Hakamada), even though the tag in fact indicated the color (black), not the size.

Despite an extensive investigation, no physical evidence directly linked Hakamada to the crime scene. This lack of concrete evidence, such as fingerprints, DNA, or eyewitness testimonies, raised questions about the credibility of the case against him. 

The presence of blood on garments allegedly linked to Iwao was a crucial piece of evidence that played a significant role in his conviction. Prosecutors argued that this clothing belonged to him, and the blood on it was believed to be from the victims of the murder. 

Over time, doubts arose regarding the blood evidence. These doubts stemmed from several factors, including the lack of a concrete chain of custody for the garments, concerns about contamination, and the possibility of planted evidence. 

Questions were raised about whether the blood was, in fact, from the murder victims.

In 2014, new evidence emerged that cast serious doubt on Iwao's conviction.

After spending 45 years on death row, Hakamada was finally released from prison after DNA testing on evidence from the original crime scene failed to match him. 

The fact that the DNA did not match Hakamada raised serious questions about the integrity of the blood evidence presented at trial and used against him. This discrepancy, adding to the growing body of evidence suggesting that Hakamada had been wrongfully convicted, raised suspicions that the blood stains on the miso-barrel garments were deliberately fabricated 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. 

In 2007, one of the original trial judges admitted that even at the time, he considered Hakamada’s conviction probably unsafe: "Looking at the evidence, there was almost nothing but the confession, and that has been taken under intense interrogation." He said that two senior judges pressured him into writing a guilty verdict.

In 2014, a new trial was ordered by a lower court – but in June 2018, the Tokyo High Court overturned the decision to grant a retrial. It did not demand Hakamada be brought back into detention, given his age and health concerns; but until his name was cleared, he technically remained on death row. Hakamada’s lawyers then appealed to the Supreme Court. 

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 Japanese criminal justice system and abolish the death penalty.

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

Police Chief's Formal Apology

The chief of the Shizuoka Prefectural Police offered an apology in person (left photo) to Iwao Hakamada at his home in Shizuoka Prefecture following his acquittal in a retrial.

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 blood-stained 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 Hakamada. "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 Iwao'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, Agencies, January 15, 2025

Japan sees no executions in 2024 for 2nd year in row, possibly linked to Hakamada acquittal

TOKYO -- Japan is set to register no executions in 2024 for the second consecutive year, possibly affected by the high-profile acquittal of freed death row inmate Iwao Hakamada.

It became certain on Dec. 27 that no inmate will be hanged in 2024 because the Act on Penal Detention Facilities and Treatment of Inmates and Detainees stipulates that executions are not carried out on Saturdays, Sundays or from Dec. 29 to Jan. 3. With no executions occurring in 2023, the period without a capital sentence being carried out has reached two years and five months. This unusually long duration in recent years is gathering attention over whether it will become a turning point for the country's death penalty system.

The Code of Criminal Procedure mandates that the minister of justice must order an execution within six months of a death sentence that was finalized, but in practice, it is left to the minister's discretion.

Executions were suspended for about three years and four months from November 1989, following four cases where death row inmates were acquitted in retrials. After resuming in 1993, executions were carried out almost every year, with only 2011, 2020 and 2023 having none.

The most recent execution was on July 26, 2022, after then Justice Minister Yoshihisa Furukawa ordered the execution of then 39-year-old Tomohiro Kato, who had been involved in a massacre in Tokyo's Akihabara district.

However, Yasuhiro Hanashi, who succeeded Furukawa as justice minister, was dismissed in November 2022 due to inappropriate remarks about the death penalty. His gaffe, along with its aftermath, led to his successors, Ken Saito, Ryuji Koizumi and Hideki Makihara, not ordering any executions. Current Justice Minister Keisuke Suzuki only took office in November 2024.

One possible reason for the continued lack of executions is the case of now 88-year-old Iwao Hakamada, who was once sentenced to death for the June 1966 murder of four family members in the then Shizuoka Prefecture city of Shimizu (now part of the city of Shizuoka), but was later acquitted in a retrial.

His acquittal had been expected since a decision over his retrial was finalized in March 2023.

Hakamada's acquittal marked the fifth post-World War II case of a death row inmate being found not guilty in a retrial. While public support for the death penalty is cited as a reason for its retention, the irreversible nature of the punishment means mistakes cannot be tolerated. The shock of discovering the wrongful conviction in a case with a finalized death sentence may have led the Justice Ministry to conclude that the conditions for carrying out executions are not in place.

Regarding the death penalty system, an expert panel including former top public prosecutors and police officials as well as Diet members drew up a report in November urging the national government to discuss the abolition, reform and improvement of the system. The expert panel was set up at the urging of the Japan Federation of Bar Associations, which opposes capital punishment.

According to the Justice Ministry, there are 106 death row inmates, with about 50 requesting retrials. In 2024, while two death sentences were finalized, two inmates died in prison, and Hakamada was released from death row after 44 years.

Source: mainichi.jp, Kentaro Mikami, Tokyo City News Department, December 30, 2024

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