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Thursday, June 19, 2025

Japanese man who spent 46 years on death row cleared of murders

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265 days ago
20240926
Iwao Hakamada, 88-year-old former boxer who has been on death row for nearly six decades after his murder conviction that his lawyers said was based on forced confession and fabricated evidence, goes for a walk in Hamamatsu, Shizuoka prefecture, central Japan Thrusday, Sept. 26, 2024. (Kyodo News via AP)

Iwao Hakamada, 88-year-old former boxer who has been on death row for nearly six decades after his murder conviction that his lawyers said was based on forced confession and fabricated evidence, goes for a walk in Hamamatsu, Shizuoka prefecture, central Japan Thrusday, Sept. 26, 2024. (Kyodo News via AP)

Uncredited

A Japan­ese court found an 88-year-old for­mer box­er not guilty on Thurs­day af­ter a re­tri­al for a 1966 quadru­ple mur­der, re­vers­ing a de­ci­sion that made him the world’s longest-serv­ing death row in­mate.

Iwao Haka­ma­da’s ac­quit­tal by the Shizuo­ka Dis­trict Court makes him the fifth death row in­mate to be found not guilty in a re­tri­al in post­war Japan, where pros­e­cu­tors have a more than 99% con­vic­tion rate. The case could rekin­dle a de­bate around abol­ish­ing the death penal­ty in Japan.

The court found that ev­i­dence was fab­ri­cat­ed and plant­ed by in­ves­ti­ga­tors and that Haka­ma­da was not the cul­prit, his lawyer Hideyo Ogawa said.

Af­ter the rul­ing and an ex­pla­na­tion were read out, his 91-year-old sis­ter Hideko Haka­ma­da walked out of the cour­t­house with a big smile, wel­comed by cheers and two big bou­quets of flow­ers to cel­e­brate the ac­quit­tal of her broth­er af­ter the 58-year le­gal bat­tle.

“Thank you, every­one, we won an ac­quit­tal,” she told a tele­vised news con­fer­ence. “When I heard the main sen­tence, it sound­ed al­most di­vine. I was so touched and could not stop cry­ing with joy.”

Haka­ma­da was con­vict­ed of mur­der in the 1966 killing of an ex­ec­u­tive and three of his fam­i­ly mem­bers, and set­ting fire to their home in cen­tral Japan. He was sen­tenced to death in 1968, but was not ex­e­cut­ed due to the lengthy ap­peal and re­tri­al process in Japan’s no­to­ri­ous­ly slow-paced crim­i­nal jus­tice sys­tem.

He spent 48 years be­hind bars — more than 45 of them on death row — mak­ing him the world’s longest-serv­ing death row in­mate, ac­cord­ing to the Amnesty In­ter­na­tion­al.

Ogawa said he asked the pros­e­cu­tors not to ap­peal the case, as is pos­si­ble, but was told they have not de­cid­ed.

The lawyer al­so said the de­fense team is con­sid­er­ing fil­ing a suit against the gov­ern­ment, in part to learn more about the trou­bled in­ves­ti­ga­tion. If pros­e­cu­tors do not ap­peal and his ac­quit­tal is fi­nal­ized, Haka­ma­da would be en­ti­tled to seek com­pen­sa­tion.

It took 27 years for the top court to de­ny his first ap­peal for re­tri­al. His sec­ond ap­peal for a re­tri­al was filed in 2008 by his sis­ter.

That re­quest was grant­ed in 2014, when a court ruled there was ev­i­dence sug­gest­ing he was wrong­ly ac­cused. He was not cleared of the con­vic­tion, but he was re­leased from prison and al­lowed to await re­tri­al at home be­cause his poor health and age made him a low risk for es­cape.

But the case con­tin­ued to bounce among sev­er­al courts, un­til one fi­nal­ly ruled in his fa­vor in 2023, paving the way for the lat­est re­tri­al that be­gan in Oc­to­ber.

Fol­low­ing his ar­rest, Haka­ma­da ini­tial­ly de­nied the ac­cu­sa­tions, but then con­fessed. He lat­er said his con­fes­sion was forced dur­ing a vi­o­lent in­ter­ro­ga­tion by po­lice.

“I have noth­ing to do with the case … I am in­no­cent,” he wrote in his let­ter to his moth­er while on tri­al in 1967.

On Thurs­day, the court con­clud­ed that five pieces of blood­stained cloth­ing that in­ves­ti­ga­tors claimed to have found hid­den in a tank of fer­ment­ed soy­bean paste, or miso, a year af­ter Haka­ma­da’s ar­rest must have been put there long af­ter the ar­rest.

The court cit­ed sci­en­tif­ic ex­per­i­ments that showed the blood­stains should not have been vis­i­ble on cloth­ing soaked in miso for a year. The rul­ing con­clud­ed that in­ves­ti­ga­tors, who had said Haka­ma­da wore the clothes dur­ing the crime, had ap­plied the blood­stains them­selves and plant­ed the cloth­ing.

Ac­cord­ing to de­fense lawyers and ear­li­er court rul­ings, the blood sam­ples did not match Haka­ma­da’s DNA, and trousers that pros­e­cu­tors sub­mit­ted as ev­i­dence were too small for him.

Thurs­day’s rul­ing al­so blamed the pros­e­cu­tors for forc­ing Haka­ma­da in­to a false con­fes­sion be­cause of an “in­hu­mane” in­ter­ro­ga­tion.

Ogawa, Haka­ma­da’s lawyer, praised the rul­ing as “ground­break­ing” for clear­ly stat­ing that the pros­e­cu­tion fab­ri­cat­ed key ev­i­dence at the be­gin­ning. “I be­lieve this rul­ing puts an end to the case. ... Now we must pre­vent pros­e­cu­tors from ap­peal­ing no mat­ter what.”

Af­ter Haka­ma­da was sen­tenced to death, he ex­pressed fear and anger at be­ing false­ly ac­cused.

“When I go to sleep in sound­less soli­tary cell every night, I some­times can­not help curs­ing God. I have not done any­thing wrong,” he wrote to his fam­i­ly. “What a cold-blood­ed act to to in­flict such cru­el­ty on me.”

Haka­ma­da, whose Chris­t­ian name is Paulo, was in­vit­ed to a Mass in Tokyo dur­ing Pope Fran­cis’ vis­it in 2019, five years af­ter his re­lease.

Sup­port­ers say Haka­ma­da’s near­ly half-cen­tu­ry de­ten­tion took a toll on his men­tal health. Most of his 48 years be­hind bars was spent in soli­tary con­fine­ment. The first two months af­ter Haka­ma­da’s re­lease, he kept pac­ing in­side the apart­ment, with­out even try­ing to go out­side, his sis­ter said.

One day, she asked him to help her with gro­ceries to get him to agree to leave the house. Go­ing out for a walk then be­came his dai­ly rou­tine, though to­day he is less able and he goes out by car, as­sist­ed by his sup­port­ers.

The case has drawn at­ten­tion to and crit­i­cism of Japan’s le­gal sys­tem. Japan Bar As­so­ci­a­tion Chair­per­son Reiko Fuchiga­mi urged the gov­ern­ment and par­lia­ment on Thurs­day to prompt­ly take steps to abol­ish the death penal­ty and low­er hur­dles for re­tri­als.

At a fi­nal hear­ing at the Shizuo­ka court in May be­fore Thurs­day’s de­ci­sion, pros­e­cu­tors again de­mand­ed the death penal­ty, trig­ger­ing crit­i­cism from rights groups that pros­e­cu­tors were try­ing to pro­long the tri­al.

Japan and the Unit­ed States are the on­ly two coun­tries in the Group of Sev­en ad­vanced na­tions that re­tain cap­i­tal pun­ish­ment. A sur­vey by the Japan­ese gov­ern­ment showed an over­whelm­ing ma­jor­i­ty of the pub­lic sup­ports ex­e­cu­tions.

Ex­e­cu­tions are car­ried out in se­cre­cy in Japan and pris­on­ers are not in­formed of their fate un­til the morn­ing they are hanged. In 2007, Japan be­gan dis­clos­ing the names of those ex­e­cut­ed and some de­tails of their crimes, but dis­clo­sures are still lim­it­ed.

Hideko Haka­ma­da has de­vot­ed around half of her life to her broth­er’s case. Be­fore Thurs­day’s rul­ing, she said she was in a nev­er-end­ing bat­tle.

“It is so dif­fi­cult to get a re­tri­al start­ed,” She told re­porters in Tokyo. “I’m sure there are oth­er peo­ple who have been wrong­ly ac­cused and cry­ing. … I want the crim­i­nal law re­vised so that re­tri­als are more eas­i­ly avail­able.”

By  MARI YA­M­AGUCHI

TOKYO (AP)


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