Another Absolute Life Imprisonment (LWOP) in Japan: Cruel und Unusual Treatment of Inmates on Death Row

• In Event: Prison Working Group: Life and death sentences: Experiences, management, and ethical considerations

Abstract

Japan remains a retentionist state where the death penalty is carried out by hanging. Those sentenced to death are held in solitary confinement with minimal contact with the outside world until execution, essentially isolating them from society. The Minister of Justice retains the power to issue an execution order, even if a retrial is pending. Historically, only four people have been exonerated and released from death row since the 1980s. Another death row inmate's application for a new trial is currently under consideration. This individual suffers from Detention Reaction Syndrome, a psychiatric condition brought on by prolonged incarceration.
This presentation uses a case study of the 1998 Wakayama Curry Poisoning Incident, in which random victims were poisoned in Wakayama Prefecture. The defendant was convicted and sentenced to death by the Japanese Supreme Court in 2009. A review of the final verdict was requested on the basis of new testimony from a renowned expert who presented evidence that the alleged murder weapon, arsenic, had been misidentified. Despite this, the request for a retrial was later withdrawn by the defendant, who was under considerable psychological distress following the tragic deaths of her daughter and grandchild.

Author

• Shinichi Ishizuka, Professor