Shining a light on Japan’s machinery of death

 Japan executed 15 people in 2008 - the highest number since 1975 - and last month's government opinion poll suggests increased support for the death penalty. Does this mean the pro-death penalty camp is gaining momentum in Japan?

Admittedly, the value of the Japanese government's poll is questionable, with only 64% of the 3,000 respondents supplying valid answers on whether the death penalty was 'unavoidable.' But more importantly, given how little information is publicly available about Japan's use of the death penalty, on what basis do Japanese citizens supposedly support it? 

The Ministry of Justice only began confirming executions in 1998 and releasing names of those executed in 2007. Death row prisoners are not allowed to communicate with anyone besides their immediate family and their lawyers. Attempts by Parliamentarians, NGOs, and the media to gain access to death row are routinely denied.

What we know is that death row prisoners are confined to sitting still—no standing, lying down, or moving—in well-lit single 2m-by-5m cells monitored 24-hours by cameras. Prisoners can send one letter a day to either their family or attorney. They are prohibited from speaking to anyone else, including other prisoners and guards. 

This regimen is maintained allegedly to preserve a prisoner’s 'peace of mind.' However, a report by Amnesty on mental health and the death penalty in Japan suggests that prisoners actually develop mental illness because of these conditions.

Death is by hanging. A death row prisoner is informed of his/her execution the morning of the hanging, leaving prisoners to wake every morning wondering if it will be their last. 

In the execution chamber, a rope is placed around the prisoner’s neck, a trap door opens, the neck snaps, breathing stops, and the heart ceases to beat after 15 minutes. Families are notified only afterwards to collect the body; most are uncollected.

The appointment of death penalty abolitionist Keiko Chiba as the Minister of Justice last autumn sheds a glimmer of hope. For an execution to proceed the minister must sign a death warrant and has unfettered discretion to do so. Chiba is a welcome change following a string of ministers whom were all too eager to sign death warrants.

Former Minister Kunio Hatoyma, labelled the “grim reaper,” signed 13 death warrants during his 11-month office, and was followed by two ministers who signed 12 execution warrants. 

 However, not all ministers are execution thirsty. Between 1989 and 1993, four successive ministers refused to sign death warrants resulting in an informal moratorium. Although Minister Chiba has not publicly stated she would refuse to sign death warrants, she has called for greater attention to Japan’s death penalty practice.

Transparency about Japan’s death penalty practice is indeed critical. In 2008 the citizen judge system (a modified jury system composed of 6 'lay judges' and 3 professional judges) was introduced and citizens can now impose the death penalty. It is imperative that the Japanese public has information about its death penalty practice and think critically about having a criminal justice system that imposes death.

Since Minister Chiba took office, there have been no executions. However, she has not taken any action to encourage public debate on the death penalty or increase transparency. How can we get her to shine a spotlight on Japan’s machinery of death as promised?