Japan releases world’s longest serving death row inmate because - TopicsExpress



          

Japan releases world’s longest serving death row inmate because evidence that put him behind bars for 45 YEARS was probably made up. A Japanese court has ordered the release of the world’s longest serving death row inmate because the evidence was likely made up by investigators. Iwao Hakamada, 78, a former professional boxer convicted of the 1966 murder of a family, has spent the last 45 years behind bars on death row, a Guinness World Record – including 30 years in solitary confinement waiting to die. The court ordered a retrial for Mr Hakamada - who was sentenced to death in 1968 but not executed because of a lengthy appeals process - although the prosecution has four days to decide whether it will appeal the decision. According to local media, Mr Hakamada was released from prison for the first time in decades at around 5pm today, Japanese time. Accompanied by his sister, Mr Hakamada, in a yellow shirt, made his way slowly out of the court to a car before being driven away. Presiding judge Hiroaki Murayama said he was concerned that investigators could have planted evidence to win a conviction as they sought to bring closure to a crime that had shocked the country. ‘There is possibility that (key pieces of) evidence have been fabricated by investigative bodies,’ Mr Murayama said in his ruling, according to Jiji Press. Shizuoka prosecutors, who have three days to appeal the decision, told Japanese media that the courts decision was ‘unexpected’. It took 27 years for the Supreme Court to deny his first appeal for a retrial. He filed a second appeal in 2008, and the court finally ruled in his favour today. The court said DNA analysis obtained by Mr Hakamadas lawyers suggested that investigators had fabricated evidence. There has long been speculation he was innocent, and in 2007 one of the three judges who originally convicted him publicly declared he had thought Mr Hakamada was innocent. Mr Hakamada initially denied accusations that he robbed and killed his boss, the mans wife and their two children before setting their house ablaze. But the former boxer, who worked for a bean-paste maker, later confessed following what he subsequently claimed was a brutal police interrogation that included beatings. He retracted his confession, but to no avail, and the supreme court confirmed his death sentence in 1980. Prosecutors and courts had used blood-stained clothes, which emerged a year after the crime and his arrest, as key evidence to convict Mr Hakamada. The clothes did not fit him, his supporters said. The blood stains appeared too vivid for evidence that was discovered a year after the crime. Later DNA tests found no link between Mr Hakamada, the clothes and the blood stains, his supporters said. But the now-frail Mr Hakamada has remained in solitary confinement on death row, regardless. His supporters and some lawyers, including the Japan Federation of Bar Associations, have loudly voiced their doubts about the evidence, the police investigations and the judicial logic that led to the conviction. Even one of the judges who originally sentenced Mr Hakamada to death in 1968 has said he was never convinced of the mans guilt but could not sway his judicial colleagues who out-voted him. Japan has a conviction rate of around 99 per cent and claims of heavy-handed police interrogations persist under a long-held belief that a confession is the gold standard of guilt. The decision to grant Mr Hakamada a retrial came as Amnesty International issued its annual review of reported executions worldwide, which showed Japan killed eight inmates in 2013, the ninth-largest national tally in the world. Amnesty, which has championed Mr Hakamadas cause and says he is the worlds longest-serving death row detainee, called on prosecutors to respect the courts decision. ‘It would be most callous and unfair of prosecutors to appeal the courts decision,’ said Roseann Rife, the organisations East Asia research director. ‘Time is running out for Hakamada to receive the fair trial he was denied more than four decades ago,’ she said. Amnesty is urging prosecutors to accept the courts decision. Roseann Rife, East Asia Research Director at Amnesty International, said: ‘The Japanese authorities should be ashamed of the barbaric treatment Hakamada has received. ‘For more than 45 years he has lived under the constant fear of execution, never knowing from one day to the next if he is going to be put to death. This adds psychological torture to an already cruel and inhumane punishment. ‘It would be most callous and unfair of prosecutors to appeal the court’s decision. Time is running out for Hakamada to receive the fair trial he was denied more than four decades ago. If ever there was a case that merits a retrial, this is it. Hakamada was convicted on the basis of a forced confession and there remain unanswered questions over recent DNA evidence.’ Mr Hakamadas sister, Hideko, 81, who has passionately campaigned for a retrial for decades, thanked dozens of supporters who gathered in front of the court house. ‘I want to free him as soon as possible,’ she told a press conference held shortly after the court announced its decision. ‘I want to tell him, You did well. You will finally be free,’ she said. Mr Hakamada seems to have developed psychological illnesses after decades in solitary confinement, Hideko told AFP in an interview last year. ‘What I am worried about most is Iwaos health. If you put someone in jail for 47 years, its too much to expect them to stay sane,’ his sister said in the interview. Thursdays ruling underscores Japans much-criticised closed interrogations, which rely heavily on self-confession. Mr Hakamada had confessed in a closed interrogation. Mr Hakamada was convicted of killing a company manager and his family and setting fire to their central Japan home, where he was a live-in employee. JAPANS 130 DEATH-ROW PRISONERS WHO MUST SIT AT ALL TIMES AND ARE GIVEN JUST HOURS OF NOTICE BEFORE THEIR EXECUTION Apart from the United States, Japan is the only major industrialised democracy to carry out capital punishment, a practice that has led to repeated protests from European governments and human rights groups. Japan carries out a handful of executions every year. The country has around 130 death-row inmates, who are usually confined to their cell with little or no contact with other inmates. Prisoners are typically notified about their impending deaths just hours before they are hanged, and their families are told only after the execution. The only crimes that can lead to a death sentence in Japan are murder and treason. Between 1946 and 2003, 766 people were sentenced to death in Japan, according to Hoover. Of these, 608 were executed. According to Amnesty International, a number of prisoners on death row in Japan have, like Mr Hakamada, been driven to mental illness. The charity revealed in 2009 that prisoners are kept in isolation cells and are forced to sit at all time. Prisoners are generally kept in solitary confinement, televisions are banned and visits are limited and often denied.
Posted on: Thu, 27 Mar 2014 12:24:25 +0000

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