Photo/Illutration Supporters of Iwao Hakamada celebrate on March 20 in Tokyo’s Chiyoda Ward after prosecutors decided not to appeal a ruling to hold a retrial for him. (Sokichi Kuroda)

Prosecutors’ decision not to appeal a court order to hold a retrial for Iwao Hakamada is in line with the common sense view that there should be no delay in correcting a wrongful conviction, especially in a capital punishment case.

The Tokyo High Public Prosecutors Office on March 20 decided to accept the Tokyo High Court’s decision on March 13 to grant a retrial for the 87-year-old man who spent decades on death row.

Hakamada was convicted of murdering four members of a family in present-day Shizuoka city 57 years ago and sentenced to death.

The Shizuoka District Court’s decision in 2014 to reopen the case should have led to a retrial and acquittal of Hakamada much earlier. But prosecutors appealed, and the Tokyo High Court overturned the district court decision.

In 2021, however, the Supreme Court sent the case back to the high court, outlining a number of points that the court had failed to examine.

Nine years passed from the district court’s decision to the Tokyo High Court’s ruling on March 13, which will likely lead to Hakamada’s acquittal at long last.

The purpose of a retrial is to fix a probable wrongful conviction.

This is different from the ordinary criminal justice process, which allows defendants to appeal a ruling up to two times.

In some countries, prosecutors are not allowed to appeal a court ruling that orders a criminal conviction review.

Japanese prosecutors, as representatives of public interest, should be cautious about appealing a court order for a retrial. In recent years, however, they generally have appealed such rulings, except when a new or newly discovered fact has emerged to indicate a miscarriage of justice, such as DNA evidence exonerating the convict.

During the latest high court hearings on the Hakamada case, prosecutors tried to present a compelling case for his guilt, submitting expert opinions about key evidence. But the high court ruled there is “clear new evidence” to exonerate the convict, a requirement for granting a retrial.

Prosecutors realized they would have little chance of overturning the court decision through a special appeal to the Supreme Court. Taking the step would have done nothing but undermine their credibility with the public.

The high court ruling even mentioned the possibility that law-enforcement authorities may have fabricated evidence to convict Hakamada. During the retrial, prosecutors need to confront the suspicion and help to uncover the truth.

Many experts and citizens called on prosecutors to avoid appealing the high court ruling.

More than 120 researchers in criminal law pointed out legal issues that would be raised by a special appeal and urged prosecutors to allow the retrial process to begin quickly.

An online signature campaign has shown broad public support for a swift retrial.

The Principles of Prosecution, compiled in 2011 in response to a public outcry over an evidence falsification scandal involving the Osaka District Public Prosecutors Office, stressed the importance of “securing the trust of the people which is the basis of prosecution.”

“Obtaining a conviction by any means in all cases is not our goal, nor should we seek to impose harsh sentences without regard to the nature of the case,” the document says. “Our objective is to achieve proper dispositions and proper sentencing for each case, corresponding to its nature and representing the common sense of the people.”

If the decision not to appeal the retrial ruling was made in line with the principles, it may be a sign of change in the mindset of prosecutors.

Since the Shizuoka District Court granted a retrial for Hakamada in 2014, he has lived outside prison with his elder sister, Hideko.

But he has yet to gain the “true freedom” he has been demanding for 57 years. If the aged victim of wrongful conviction dies before he can clear his name in the retrial, the judicial system would lose the trust of the public.

The retrial should begin immediately.

--The Asahi Shimbun, March 21

Related News