The Fort Worth Press - Family fights for death-row retrial under Japan's 'snail-paced' system

USD -
AED 3.673042
AFN 71.503991
ALL 87.744839
AMD 391.070403
ANG 1.790151
AOA 912.000367
ARS 1075.052381
AUD 1.593638
AWG 1.8
AZN 1.70397
BAM 1.725604
BBD 2.019605
BDT 121.529999
BGN 1.729099
BHD 0.376937
BIF 2926
BMD 1
BND 1.320805
BOB 6.911946
BRL 5.860704
BSD 1.000274
BTN 86.114469
BWP 13.950944
BYN 3.273454
BYR 19600
BZD 2.009176
CAD 1.389104
CDF 2877.000362
CHF 0.817725
CLF 0.025529
CLP 979.660396
CNY 7.292304
CNH 7.28701
COP 4280
CRC 513.239044
CUC 1
CUP 26.5
CVE 97.286924
CZK 22.20204
DJF 177.720393
DKK 6.605804
DOP 61.774631
DZD 131.910393
EGP 51.32104
ERN 15
ETB 129.973972
EUR 0.88476
FJD 2.283704
FKP 0.772812
GBP 0.765875
GEL 2.760391
GGP 0.772812
GHS 15.504503
GIP 0.772812
GMD 72.165191
GNF 8665.197177
GTQ 7.715615
GYD 209.276046
HKD 7.756615
HNL 25.872606
HRK 6.667504
HTG 131.323154
HUF 364.523851
IDR 16822.246315
ILS 3.703715
IMP 0.772812
INR 86.303783
IQD 1307.649049
IRR 42077.04548
ISK 129.626317
JEP 0.772812
JMD 158.094248
JOD 0.70904
JPY 144.011504
KES 129.546288
KGS 87.061019
KHR 4003.936506
KMF 439.548411
KPW 900.058947
KRW 1450.939605
KWD 0.307063
KYD 0.828853
KZT 516.029929
LAK 21671.194933
LBP 89863.487701
LKR 297.023167
LRD 200.057252
LSL 19.530658
LTL 2.95274
LVL 0.60489
LYD 5.540711
MAD 9.404633
MDL 17.744226
MGA 4578.283418
MKD 55.985374
MMK 2099.671226
MNT 3513.135747
MOP 7.992332
MRU 39.667311
MUR 45.160262
MVR 15.446712
MWK 1735.347491
MXN 20.27464
MYR 4.469555
MZN 63.872151
NAD 19.530658
NGN 1599.827807
NIO 36.811147
NOK 10.690815
NPR 138.150781
NZD 1.721022
OMR 0.384986
PAB 1
PEN 3.728142
PGK 4.09549
PHP 57.34912
PKR 280.72649
PLN 3.814487
PYG 8015.988432
QAR 3.640374
RON 4.447704
RSD 104.64818
RUB 84.405467
RWF 1416.910932
SAR 3.750373
SBD 8.499855
SCR 14.451203
SDG 600.311436
SEK 9.818204
SGD 1.331059
SHP 0.785843
SLE 22.780371
SLL 20969.501083
SOS 570.225759
SRD 36.660297
STD 20697.981008
SVC 8.75037
SYP 13002.098782
SZL 19.530658
THB 33.872719
TJS 10.870797
TMT 3.499087
TND 3.032099
TOP 2.408673
TRY 38.08132
TTD 6.795501
TWD 32.804981
TZS 2669.701515
UAH 41.355573
UGX 3685.031178
UYU 43.3864
UZS 12970.271064
VES 74.605355
VND 25774.61326
VUV 125.788069
WST 2.848003
XAF 586.064548
XAG 0.031113
XAU 0.000309
XCD 2.706409
XDR 0.747526
XOF 586.064548
XPF 106.616903
YER 245.373208
ZAR 19.128935
ZMK 9001.203587
ZMW 28.080024
ZWL 321.999592
  • RIO

    2.1600

    57.03

    +3.79%

  • CMSC

    -0.3550

    21.795

    -1.63%

  • BCC

    1.0650

    95.745

    +1.11%

  • BTI

    1.0200

    41.57

    +2.45%

  • JRI

    0.1650

    11.93

    +1.38%

  • SCS

    0.0100

    10.22

    +0.1%

  • CMSD

    -0.3270

    21.873

    -1.49%

  • BCE

    0.5150

    21.495

    +2.4%

  • BP

    0.2500

    26.48

    +0.94%

  • RBGPF

    -5.9900

    62.01

    -9.66%

  • RYCEF

    0.2200

    9.08

    +2.42%

  • GSK

    1.1100

    34.71

    +3.2%

  • NGG

    2.2100

    67.8

    +3.26%

  • RELX

    0.6400

    49.66

    +1.29%

  • AZN

    1.3500

    66.22

    +2.04%

  • VOD

    0.2580

    8.708

    +2.96%

Family fights for death-row retrial under Japan's 'snail-paced' system
Family fights for death-row retrial under Japan's 'snail-paced' system / Photo: © AFP

Family fights for death-row retrial under Japan's 'snail-paced' system

Since his teenage years, Koji Hayashi has dreaded one thing: his stubborn, once-vivacious mother being hanged for murder after failing to win her long campaign for a retrial.

Text size:

Left almost unchanged for a century, Japan's current retrial system is often labelled the "Unopenable Door" because the chances of being granted a legal do-over are so slim.

But hopes have grown of a change since a court last year overturned the wrongful conviction of the world's longest-serving death row prisoner Iwao Hakamada, whose case took 42 years to be reopened.

The government is asking legal experts to study the system, and some hope they will recommend revising the arduous retrial process to better safeguard the interests of convicts like Hakamada.

Masumi Hayashi, 63, is notorious in Japan for a crime she swears she didn't commit -- killing four people by putting arsenic into a pot of curry at a summer festival in 1998.

Koji isn't entirely convinced his mother is innocent, but "I think there's a good chance", he told AFP.

"All I want is the truth, and a retrial is the only way to get it," the 37-year-old truck driver said.

Since the Supreme Court upheld her death sentence in 2009 Masumi has applied for retrial several times, with her latest bid seeking to discredit a forensic analysis.

"The thought of a noose around my mum's neck, even as she insists on her innocence, terrifies me so much my hands shake," Koji said at his minimal-style apartment in western Japan's Wakayama region.

"But when I saw how long it took Hakamada to be exonerated, I accepted this is the kind of fight I'm up against. I will bury my emotions, and deal with it."

- 'Lagging behind' -

Wakayama's prosecutor's office declined to discuss Masumi's case when contacted by AFP.

Evidence against her is mostly circumstantial, and the motive remains unexplained for what the Supreme Court described as indiscriminate killings.

Masumi has however admitted to a history of conspiring with her husband to use arsenic to orchestrate insurance fraud -- testament, judges said, to her "deep-seated criminality".

Koji, whose first name is a pseudonym, sometimes imagines what life could have been: "getting married, having kids and building a house, you know, ordinary happiness."

In reality, being Masumi's son has entailed a lifetime of discrimination, from an annulled engagement to online messages wishing him dead and his older sister's suicide four years ago.

Only five retrials have been granted in Japan's post-war history for death row prisoners, all resulting in exoneration.

The latest was for 89-year-old Hakamada, who in September was acquitted of a quadruple 1966 murder, following decades in solitary confinement.

Hakamada's lawyers first sought his retrial in 1981 but a back-and-forth of legal appeals meant it did not materialise until 2023.

Japan is "significantly lagging behind the world" in ensuring swift retrials, said former judge Hiroaki Murayama -- who himself ordered Hakamada's landmark retrial.

Just one percent of around 1,150 retrial applications from all convicts, processed in Japan between 2017 and 2021, won approval.

- 99.9 percent conviction rate -

Judges and defence lawyers are denied access to a trove of prosecutor-held evidence, including material that could potentially prove someone innocent, Murayama told AFP.

And legal loopholes mean retrial applications can be ignored with impunity for years in a system "too snail-paced" to protect against judicial errors, he added.

Steps taken in other countries against wrongful convictions include banning prosecutors from appealing retrial orders and weakening their monopoly on evidence.

But Japan's 99.9 percent conviction rate -- conveying rock-solid trust to prosecutors -- leaves little room for guilty verdicts to be questioned.

Prosecutors say easier access to their evidence raises privacy concerns, and Tokyo prosecutor Kaori Miyazaki warned last year against giving the impression "that trials can be casually redone even after rulings are finalised".

"That would cause a major loss of trust in our criminal judiciary," she told a justice ministry panel.

Former prisoner Kazuo Ishikawa died this month aged 86 after spending over 30 years seeking a retrial for the 1963 murder of a schoolgirl.

That prospect looms over the Hayashi family, including Masumi's 79-year-old husband, Kenji.

"It's easier for a camel to go through the eye of a needle" but giving up their joint retrial fight "would crush my son", he said.

"I'm nearly 80 though -– my body is reaching its limit," said Kenji, who uses a wheelchair after a brain haemorrhage.

Koji, the son, believes Japan is better off without capital punishment.

But if a retrial found Masumi guilty, he would eventually "have to accept" that she must be executed.

Meanwhile Masumi lives in a solitary cell only three tatami mats wide.

"You are my treasure," she told her son in a recent letter.

"Thanks to you, I have survived my 26 years of life here," she wrote. "Your smile is the best."

K.Ibarra--TFWP