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

USD -
AED 3.6725
AFN 63.49708
ALL 83.283733
AMD 367.929771
ANG 1.790403
AOA 916.999629
ARS 1478.723301
AUD 1.450884
AWG 1.80125
AZN 1.698562
BAM 1.724577
BBD 2.013888
BDT 122.992813
BGN 1.69088
BHD 0.377147
BIF 2984.81535
BMD 1
BND 1.298984
BOB 6.909809
BRL 5.227099
BSD 0.999934
BTN 94.624111
BWP 13.680173
BYN 2.818068
BYR 19600
BZD 2.01104
CAD 1.423985
CDF 2269.000203
CHF 0.812967
CLF 0.023353
CLP 919.202842
CNY 6.790503
CNH 6.81587
COP 3434.24
CRC 455.186766
CUC 1
CUP 26.5
CVE 97.22259
CZK 21.373499
DJF 178.061717
DKK 6.587765
DOP 58.613453
DZD 133.56796
EGP 49.621198
ERN 15
ETB 161.211774
EUR 0.88133
FJD 2.24875
FKP 0.758197
GBP 0.760385
GEL 2.644978
GGP 0.758197
GHS 11.199781
GIP 0.758197
GMD 72.498602
GNF 8761.518452
GTQ 7.627362
GYD 209.162776
HKD 7.83973
HNL 26.755726
HRK 6.642598
HTG 130.744947
HUF 314.104979
IDR 17988
ILS 2.987903
IMP 0.758197
INR 94.24825
IQD 1309.878094
IRR 1375049.999873
ISK 126.749842
JEP 0.758197
JMD 157.488647
JOD 0.709028
JPY 161.779034
KES 129.510271
KGS 87.449959
KHR 4017.494974
KMF 430.999564
KPW 900.00035
KRW 1543.098674
KWD 0.30953
KYD 0.833297
KZT 486.623047
LAK 21948.961236
LBP 89556.012134
LKR 337.341005
LRD 182.134827
LSL 16.623945
LTL 2.95274
LVL 0.60489
LYD 6.430933
MAD 9.401479
MDL 17.709096
MGA 4177.101337
MKD 54.361389
MMK 2099.539901
MNT 3580.066416
MOP 8.076099
MRU 39.982188
MUR 48.210307
MVR 15.459765
MWK 1733.881812
MXN 17.63375
MYR 4.138003
MZN 63.896866
NAD 16.623945
NGN 1372.159988
NIO 36.797319
NOK 9.868099
NPR 151.394749
NZD 1.772345
OMR 0.384508
PAB 0.999965
PEN 3.391297
PGK 4.386951
PHP 61.366502
PKR 278.100478
PLN 3.780855
PYG 6099.351442
QAR 3.635217
RON 4.616001
RSD 103.457992
RUB 74.898028
RWF 1468.89467
SAR 3.754889
SBD 8.065041
SCR 13.653597
SDG 600.503146
SEK 9.76813
SGD 1.298095
SHP 0.746601
SLE 24.749864
SLL 20969.503664
SOS 571.478959
SRD 37.460049
STD 20697.981008
STN 21.603509
SVC 8.749173
SYP 110.532098
SZL 16.621989
THB 33.421502
TJS 9.284423
TMT 3.51
TND 2.972467
TOP 2.40776
TRY 46.497296
TTD 6.780184
TWD 31.736503
TZS 2620.50298
UAH 44.88455
UGX 3689.350352
UYU 39.918699
UZS 12024.108178
VES 616.865275
VND 26335
VUV 118.798432
WST 2.761642
XAF 578.424923
XAG 0.017015
XAU 0.00025
XCD 2.70255
XCG 1.802141
XDR 0.716966
XOF 578.417273
XPF 105.162912
YER 238.649893
ZAR 16.61285
ZMK 9001.213701
ZMW 18.024056
ZWL 321.999592
  • RYCEF

    -0.4700

    18.16

    -2.59%

  • CMSC

    0.0400

    22.15

    +0.18%

  • RBGPF

    0.9600

    61.3

    +1.57%

  • NGG

    0.3900

    81.96

    +0.48%

  • CMSD

    0.0600

    22.02

    +0.27%

  • BCC

    4.2850

    76.085

    +5.63%

  • VOD

    -0.2200

    13.83

    -1.59%

  • RIO

    -1.8300

    93.75

    -1.95%

  • BCE

    0.0400

    23.08

    +0.17%

  • RELX

    0.0400

    31.25

    +0.13%

  • GSK

    -0.9550

    51.115

    -1.87%

  • BP

    -1.4700

    37.86

    -3.88%

  • AZN

    2.1500

    183.17

    +1.17%

  • BTI

    0.6600

    61.4

    +1.07%

  • JRI

    -0.0100

    12.62

    -0.08%

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."

V.Fan--ThChM