A Japanese man who spent almost half a century on death row has been found not guilty of multiple murders, in a closely watched trial that has raised questions about Japan’s use of the death penalty.
Iwao Hakamada, 88, was sentenced to hang in 1968 after being found guilty of murdering his boss, his wife and their two teenage children, and setting fire to their home two years earlier.
The former professional boxer spent 46 years on death row — believed to be the longest time spent on death row of any prisoner worldwide — until he was freed in 2014 when new evidence emerged and a retrial was ordered.
Photo: EPA-EFE
Hakamada has consistently protested his innocence and said investigators forced him to confess, while his lawyers alleged police had fabricated evidence.
There was no immediate decision on whether prosecutors would appeal against the verdict, which was reported by Kyodo news agency and other Japanese media outlets. Hakamada’s defense lawyers have urged prosecutors not to challenge the ruling, given his age.
The presiding judge at Shizuoka District Court, Koshi Kunii, acknowledged that three pieces of evidence had been fabricated, including Hakamada’s “confession” and items of clothing that prosecutors claimed he had been wearing at the time of the murders.
His 91-year-old sister, Hideko Hakamada, who has campaigned tirelessly on behalf of her brother, told reporters before yesterday’s verdict: “For so long we have fought a battle that has felt endless. But this time, I believe it will be settled.”
Prosecutors had again demanded the death penalty, but legal experts had suggested Iwao Hakamada would be acquitted, pointing to four other retrials involving death row inmates in Japan who had their convictions overturned.
Iwao Hakamada, whose physical and mental health deteriorated during his long incarceration, was not present at yesterday’s ruling and has been represented by his sister during the retrial.
The outcome rested on the reliability of bloodstained clothes that prosecutors said Iwao Hakamada had been wearing at the time of the murder, at a miso factory in central Japan where he was a live-in employee.
When it ordered a retrial in March last year after years of legal wrangling, the Tokyo High Court said there was a strong possibility that the clothing had been planted in a tank of miso by investigators.
Defense lawyers said DNA tests on the clothes proved the blood was not Iwao Hakamada’s.
The high court had initially decided not to reopen Iwao Hakamada’s case — a cause celebre for opponents of capital punishment — but reversed its decision after the Japanese Supreme Court ordered it to reconsider in 2020.
Hundreds of people had lined up outside the district court yesterday in the hope of securing a seat in the public gallery, while supporters held up banners demanding Iwao Hakamada’s acquittal.
Campaigners said his ordeal had exposed flaws in Japan’s criminal justice system and the cruelty of capital punishment.
Death row inmates in Japan — one of only two G7 countries along with the US that retains the death penalty — are notified of their execution, by hanging, only hours in advance and given no opportunity to speak to their lawyers or families. Their final conversation is usually with a Buddhist priest.
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