Celebration – of sorts

Hakamada Iwao acquitted after 56 years in prison

September 2024

We tend to think of Japan as a modern democracy and a sophisticated society having cast off the problems of its warlike past. It is a G7 nation and enjoyed a post war boom leading to considerable commercial success. But there are elements of the society which have not changed one of which is the legal system.

Japan still has the death penalty a particular cruel feature of which is that prisoners do not know of their execution until a few hours before it takes place.

The news that the Appeal court in Japan has declared Hakamada Iwao as innocent has been a long time in coming – 56 years in fact. Hakamada was convicted of murdering his boss in 1966. He spent a staggering 46 years on death row. Much of it was in solitary. The only problem was that he is almost certainly innocent. Key evidence was fabricated. He was forced to sign a confession after 20 days of intense interrogation and beatings by the police. He was not allowed a lawyer.

Bloodstained clothing – a key element in the prosecution’s case – turned out not to be Hakamada’s blood. It may have been planted. There are many things wrong with the whole process and further details can be found on the background provided by Amnesty. The role of the police was a key part of the miscarriage of justice. This led to probably the longest death sentence ever. Historically, this was a familiar story in the UK with forced confessions after long hours of interrogation. It led to the introduction of PACE which has led to improvements in police practice here.

One of the problems is the attitude of the Japanese public. It is reported that 80% of the Japanese are in support of the penalty. It is unlikely therefore that change will happen quickly.

Although it is encouraging to see Hakamada exonerated from this crime, the case raises several concerns. The use of the death penalty which, had he been executed, would have resulted in the state killing an innocent man. As in all these cases of police coercion, the real killer(s) have never been found or prosecuted. It also reveals a legal system which seems amazingly slow both to act and ultimately acquit. It also seems reluctant to admit mistakes. Finally, his treatment in prison with years spent in solitary confinement are unreasonably cruel. Altogether, this does not reflect well on the Japanese state.

The local group has campaigned for many years and it is gratifying to see some kind of justice at last for this man.

Sources: Amnesty, Guardian, BBC