Iwao Hakamada, whose death sentence was finalized in 1980, could have been executed at any time since then.

But under a capital punishment system where rules are broken and procedures are opaque, Hakamada survived long enough to finally win an acquittal in a retrial on Sept. 26.

It remains unclear why some death row inmates face execution much earlier or later than other condemned prisoners.

In 2007, the Justice Ministry began publicizing the names of those eligible for execution, the site where the convicts would be hanged, and the facts of their crimes.

But the ministry has not revealed how it determines who is eligible from among the many death row inmates in Japan.

According to the ministry and other sources, 77 people have been executed in Japan since 2007.

The period between the finalization of the death sentence and the actual execution ranged from about 1 year and 4 months to 18 years and 6 months. The average wait was about 6 years and 8 months.

There have been no executions since July 2022.

According to the Code of Criminal Procedure, the justice minister must order the execution of a convict within six months of a finalized death sentence.

And it must be carried out within five days of the minister’s order.

However, these rules are considered “advisory provisions” with no penalty for violations. Executions are also suspended in cases of insanity or pregnancy.

In 2008, shortly after the ministry began releasing the names of those to be executed, then Justice Minister Kunio Hatoyama stated at a news conference, “It is better to keep as close as possible to the requirements of the Code of Criminal Procedure.”

He added, “Basically, the order of execution should be the same as the order in which the sentences are finalized.”

However, many death row inmates have been executed more than a few years after their sentences were finalized.

Normally, the Justice Ministry’s criminal investigation bureau selects those to be executed and reports the names to the minister.

If the minister determines that the execution should be carried out after reviewing court documents and other information, he or she signs and seals a “death penalty execution order.” The execution takes place a few days later.

Successive justice ministers had said they “thoroughly examined the relevant records, carefully considered whether or not there were grounds for a suspension of execution or the granting a retrial, and found that there were no such grounds.”

“Even if a retrial request is pending, we have no choice but to order an execution if we expect the request to be dismissed as a matter of course,” then Justice Minister Katsutoshi Kaneda said at a news conference in 2017.

There has been a string of executions of death row inmates who filed for retrials.

In July 2018, 13 former Aum Shinrikyo members and others were executed over the deadly crime spree committed by the cult. Ten of them had requested retrials.

According to the ministry, 107 people were on death row as of Sept. 9. Their average age was about 60.

Maiko Tagusari, a lawyer and professor of criminal law at Tokyo Keizai University and an expert on death penalty issues, said much information is not made public, including the criteria for deciding who is eligible for execution and changes in policy regarding executions pending retrial.

“Hiding information can lead to arbitrary operations,” Tagusari said. “In addition to clearly stating the criteria, the law should be revised to allow the courts to be involved in the execution process and to provide a mechanism to verify the appropriateness of the execution.”

More countries have abolished capital punishment.

Of the 38 members of the Organization for Economic Cooperation and Development (OECD), which are considered advanced nations, only Japan and the United States continue to carry out the death penalty.

However, more than half of the 50 U.S. states have abolished or suspended capital punishment, according to Kana Sasakura, a professor at Konan University and an expert on the death penalty.

In the remaining states, there are strict procedures, such as requiring a unanimous decision by a jury, to impose a death sentence, Sasakura said.

The professor also noted a difference in “transparency” between Japan and the United States.

In the United States, a convict is notified several months before the execution date. Family members of victims and the condemned, as well as media representatives, can witness executions in many states.

Information about the carrying out of a death penalty in the United States is widely shared, and discussions are held at each execution.

But in Japan, the convict is informed of the execution on the day that it is carried out. Details of the procedure are not disclosed.

“The lack of transparency is holding back debate,” Sasakura said. “Japan must also promote information disclosure and hold fundamental discussions.”

Shinichi Ishizuka, a criminal law scholar and professor emeritus at Ryukoku University, said Japan’s capital punishment system can also lead to diplomatic ramifications.

Japan has extradition treaties only with the United States and South Korea. Countries that do not carry out capital punishment may be reluctant to conclude such treaties with Japan, Ishizuka said.

“The existence of the death penalty prevents Japan’s right to investigate crimes, lowers Japan’s diplomatic standing, and makes Japan vulnerable. It is very disgraceful for Japan,” he said.

(This article was written by Yusuke Morishita, Kazumichi Kubota, Issei Yamamoto and Tetsuaki Otaki.)

＊＊＊

For details of Hakamada’s trial and letters that he sent to his family while on death row for decades, check out https://www.asahi.com/special/hakamadaletters/en/.