A lawyer for the world’s longest-serving death row inmate — who was acquitted in a Japan ese retrial last week of a 1966 quadruple murder — said Tuesday that the defense team is considering filing a damage suit against the government over the fabrication of evidence that ruined the man’s life and his mental health by keeping him in prison for 48 years.
Iwao Hakamada, an 88-year-old former boxer, was found not guilty last Thursday by the Shizuoka District Court which concluded that police and prosecutors collaborated in fabricating and planting evidence against him. The court said he was forced into confession by violent, hours-long closed interrogations.
The acquittal made 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 and retrials are extremely rare.
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 more than 45 years on death row — making him the world’s longest-serving death row inmate, according to Amnesty International.
Hakamada is entitled to receive compensation of up to about 200 million yen ($1.4 million) when prosecutors accept the ruling, making the acquittal final. His lawyer Hideyo Ogawa told reporters that the defense team is also considering filing a damage suit against the government because investigators and the police collaborated in fabricating evidence, despite knowing fully well that it could send the man to the gallows and that would be “totally unforgivable.”
Ogawa also demanded that a recording of the investigation process should be made mandatory in the future.
Hakamada’s 91-year-old sister Hideko Hakamada said she has been trying to explain the victory to her brother but he seems still not convinced that he is now a free man.
The sister, who devoted nearly half of her life to winning her brother’s innocence, said when she told him about his acquittal, as soon as she returned home, he was silent. The next morning, she showed him newspaper stories about him.
“I told him, ‘You see, it’s true, what you kept telling us really came true,’ but he seemed still skeptical,” she said, citing his mental issue and deep suspicion due to his years-long solitary confinement for the crime he was wrongfully accused. “I will keep reminding him of his acquittal every day” until he can finally believe it.
On Sunday, Hakamada, accompanied by his sister, joined his cheering supporters in a meeting in Shizuoka near his hometown of Hamamatsu, in his rare public appearance, and even made a short comment.
“Finally, I have won full and complete victory. Thank you,” Hakamada said. His sister said it was a big surprise as she thought if he could say thank you that was good enough. She says she thinks he is still not fully convinced.
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, and that request was granted in 2014, when a court ruled there was evidence suggesting he was wrongfully accused.
The court did not clear his conviction but released him from his solitary death-row cell, allowing him to await retrial at home because his poor health and age made him a low risk for escape. The case has since bounced along several courts until Thursday.
Since his release, he seemed to be in his own imaginary world, and “I never expected him to say such a thing,” Hideko Hakamada said, referring to his remark Sunday. “I imagine he must have rehearsed the phrase while in prison for 48 years so he can say it when he wins acquittal one day.”
The case is not fully closed for them yet because prosecutors can still technically appeal the decision, while his lawyers and human rights activists are condemning such a move and have started a petition drive. It also sparked calls from law associations and rights groups to demand a legal revision to lower hurdles for retrials.
Japan and the United States are the only two countries in the Group of Seven advanced nations that retain capital punishment. In Japan, executions are carried out in secrecy and prisoners are not informed of their fate until the morning they are hanged.
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28 Comments
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Moonraker
"The case is not fully closed for them yet because prosecutors can still technically appeal the decision"
Well, they have no shame (as the powerful rarely do in Japan; it's for the little people) but surely that would be a step too far even for them.
ian
Of course he should
ian
So they go to bed everyday not knowing it they'll be hanged the next day
Michael Machida
"...defense team is considering filing a damage suit against the government..."
Considering?
Meiyouwenti
I’m sure Hakamata will most likely receive tens of millions of yen in damages. Only he doesn’t have much time left to spend it and enjoy the rest of his life.
InspectorGadget
Call me cynical, but whats the bet that MoJ string out law suit until he passes away. With his mental decline and being aged 88 the poor guy is unlikely to receive compensation in his lifetime.
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WoodyLee
""Iwao Hakamada, an 88-year-old former boxer, was found not guilty last Thursday by the Shizuoka District Court which concluded that police and prosecutors collaborated in fabricating and planting evidence against him. The court said he was forced into confession by violent, hours-long closed interrogations.""
This is really a heart breaking story regardless of where it happened or who the victim was.
Japan can do better than this, shame on who ever committed this CRIME and who ever allowed it to CONTINUE for so long, almost hard to believe.
ThonTaddeo
Right in the feels. Hideko, you are a saint.
Mr Kipling
Yes, but still more warning than their victims got. But who cares about the victims when murderers feelings are hurt?
Chico3
I don't blame him. The government took away his life. So, as he should sue them, and no "gomennasai bow" will do neither.
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MontiePieThong
This case highlights one reason for abolishing the death penalty. There is no need for justice system to be this cruel. I am not saying they should go so far as countries like Australia have with the leanest of prison terms being given to murderers for their heinous crimes but abolishing the death penalty would be a good step forward. I hope this man gets enough compensation to live a very comfortable life.
David Brent
His mind is completely shot, poor guy. I saw him on the NHK news the other evening. He's like a five year-old in an old man's body. Knowing Japan, even if his claim for compensation is accepted, he'll get a pitiful amount, like one million yen, or some such nonsense.
wallace
He won't live long enough to see the outcome.
Newgirlintown
Yeah, we established that.
BertieWooster
The best compensation for Hakamada would be a total cleanup of the police/justice system. Access to lawyers for detainees. All interrogations videoed. Abolish the death penalty. And a real investigation, trial and punishment of those who fabricated the evidence.
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Stewart Gale
Do it.
ian
Would you feel better if the murderer gave the victims more warning?
Burning Bush
It doesn't mean he shouldn't try.
In case you missed it, a serious miscarriage of justice has been made at so many levels.
He is well within his rights and should get full public support.
Brian Wheway
@Inspectorgadget, your thoughts were exactly the same as mine, I am sure they will drag it out for decades, appeal after considering, then counter claim,
Yubaru
Just out of spite alone I can see the prosecutors appealing the decision.
Personally speaking, they should, the prosecutors themselves, are the one's who should be on trial for failure to uphold the public trust in the rule of law, and allow a human being to suffer as long as he did, due to their negligence!
wallace
Burning Bush
He won't live long enough to see the outcome.
Another of my comments 1/19 you find interest in. No one else?
I didn't say he shouldn't if the compensation can still be paid after his death.
I think you have missed the many articles on him over many years, my comments supporting him, and my comments against the cruel treatment on death row. There was an article just last week. You can check my archives. You like that.
He will have to pay court costs upfront depending on the size of the claim. A basic fee to a lawyer and a percentage of the compensation to the lawyer if he wins.
Burning Bush
He lived long enough to see justice.
Compensation or no compensation, what he has been through he is entitled to confront the system
we know how the legal system works
wallace
Burning Bush
He won't live long enough to see the outcome.
Yes, I fully agree but I'm not sure how much he takes in since his mind is shot.
You thought another response was required without one to any other poster.
I didn't say he shouldn't if the compensation can still be paid after his death.
Did any poster on this deny that? There was one the other day still casting doubts.
He will have to pay court costs upfront depending on the size of the claim. A basic fee to a lawyer and a percentage of the compensation to the lawyer if he wins.
Speaking for all again. Do you have experience? Anyway, not all readers know how the system works.
NCIS Reruns
Compensation should be paid to him automatically without the need for a lawsuit. I believe there is already a formula for the amount.
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リッチ
And I can see the legal system here saying 100,000 yen with no apology.
Dave Fair
Time to pass into law Double Jeopardy in Japan (a protection that prevents a defendant from being tried twice for the same offense. Double jeopardy applies after an acquittal or a conviction is reached). Prosecutors, not defendants, should be prevented from appealing a courts ruling! Secondly, set up an appeals panel and base the decision on the merits of the ruling as it's HIGHLY unlikely new evidence will be admitted by prosecutors. During this process, the defendant is released and allowed to go home, if one is still there. Prosecutors NEVER accept a not guilty ruling and to save face, probably a promotion, are more or less forced to appeal such rulings. If J-prosecutors can't win a case in a J-court then suck it up and move on or find another job. Time to end this but as plain to see here, justice in Japan takes decades to happen, a lifetime for some :(
Hercolobus
Do not waste time. And do it for all the possibilities including lost revenue had you started your own company, plus pain and suffering.
Alongfortheride
Considering?!! If it was me the letter would have been delivered the next day!