By Morris Wambua

The imposition of the death penalty has always been a contentious issue, provoking debate on moral, legal, and social grounds. While a global movement toward the abolition of capital punishment has gained momentum since the latter half of the 20th century, Japan remains one of the few industrialized democracies that continues to carry out executions. Despite international
pressure and growing criticism, Japan's legal and political framework has upheld the death penalty, arguing its necessity for maintaining law and order. This article provides an in-depth analysis of the death penalty in Japan, exploring its historical background, legal framework, and the societal and international discourse surrounding it.
Background and History of the Death Penalty in Japan

The death penalty in Japan dates back to ancient times, with methods such as decapitation and dismemberment being employed in punitive justice against offenders. Following the Meiji Restoration in 1868, a period of rapid modernization and reform, Japan's penal system underwent significant changes. The Meiji government introduced execution by hanging, aligning with practices observed in Western countries. In 1870, execution by firing squad was briefly adopted under military law, though this method was later abolished. The death penalty's application saw fluctuations, with a notable suspension of executions between 1880 and 1908. During this period, Japan engaged in significant legal reforms, including the introduction of a modern penal code. However, the death penalty was reinstated in 1908, and its use persisted throughout the 20th century, including during and after World War II. Despite intermittent debates and the establishment of advisory councils to review the death penalty, Japan has consistently maintained capital punishment as part of its criminal justice system.
Legal Provisions Governing the Death Penalty

The legal basis for the death penalty in Japan is enshrined in several key legal documents, including the Japanese Penal Code and the Criminal Procedure Code. Under Japanese law, the death penalty is reserved for the most heinous crimes, including murder and acts of treason. The Penal Code specifically prescribes the death penalty for certain aggravated forms of murder, such as multiple homicides or particularly brutal killings. Additionally, the death penalty can be imposed for crimes that threaten national security, although these cases are extremely rare. The judicial process for imposing the death penalty in Japan is rigorous and involves multiple levels of review. A death sentence can only be handed down by a panel of judges in the district courts, and it is subject to automatic appeal to the High Court. If the High Court upholds the death sentence, the case is
further reviewed by the Supreme Court. Defendants in capital cases are entitled to legal representation, and the courts must consider factors such as the defendant's mental state, the severity of the crime, and the likelihood of rehabilitation.
Execution Process

Executions in Japan are carried out by hanging, in accordance with procedures established by the Ministry of Justice. Once all appeals have been exhausted and the death sentence is finalized, the Minister of Justice must sign the execution order. Executions are conducted in secret, with the condemned being notified only hours before the execution is to take place. Family members and the public are informed after the execution has been carried out, a practice that has been criticized for its lack of transparency.

Controversial Aspects of Japan's Death Penalty System

Japan's death penalty system has been subject to international criticism, particularly regarding the secrecy surrounding executions and the long periods inmates spend on death row, often referred to as "death row syndrome." Critics argue that the conditions of detention, combined with the uncertainty of the execution date, amount to psychological torture. Furthermore, the lack of transparency and public debate on the issue has led to concerns about the arbitrary nature of capital punishment in Japan.
Public Opinion

Public opinion in Japan remains overwhelmingly supportive of the death penalty. Surveys conducted by the Japanese government and independent organizations consistently show that a significant majority of the population supports the retention of capital punishment. This support is often rooted in a desire for retribution and a belief in the deterrent effect of the death penalty. However, there is a growing minority, particularly among younger generations and legal professionals, who advocate for the abolition of the death penalty or at least a moratorium on executions.
Media Representation and Public Discourse

The Japanese media tends to cover high-profile capital cases extensively, often focusing on the heinous nature of the crimes rather than the ethical implications of the death penalty. This media portrayal contributes to the public's perception that the death penalty is necessary to protect society. However, there has been an increase in media coverage highlighting the potential for wrongful convictions, the mental health of death row inmates, and the broader human rights implications of capital punishment.
Religious and Cultural Perspectives

Cultural and religious beliefs in Japan also play a role in shaping attitudes toward the death penalty. Traditional Japanese values, influenced by Confucianism, place a strong emphasis on social harmony and the concept of retribution. In contrast, Buddhism, which is widely practiced in Japan, generally advocates for non-violence and compassion. Despite this, there has not been a strong religious movement against the death penalty in Japan, and religious organizations tend to avoid direct involvement in the debate.

International Criticism and Japan's Response

Japan's continued use of the death penalty has drawn criticism from international human rights organizations, the United Nations, and foreign governments. Critics argue that Japan's death penalty practices violate international human rights standards, particularly the right to a fair trial and the prohibition of cruel, inhuman, or degrading treatment. The U.N. Human Rights Committee has repeatedly called on Japan to abolish the death penalty or, at a minimum, to improve transparency and conditions for death row inmates. In response, the Japanese government has defended its use of the death penalty, arguing that it is a matter of domestic jurisdiction and that the
penalty is applied only in the most serious cases, with full legal safeguards in place. Japan also points to the strong public support for the death penalty as justification for its retention.
Impact of International Treaties

Japan is a party to several international treaties that address human rights, including the International Covenant on Civil and Political Rights (ICCPR). However, Japan has not ratified the Second Optional Protocol to the ICCPR, which calls for the abolition of the death penalty. Japan's reluctance to join this and other abolitionist initiatives reflects its stance that the death penalty is a necessary deterrent and a form of justice for the victims of the most egregious crimes.
Cases of Wrongful Conviction and Miscarriages of Justice

One of the most significant arguments against the death penalty in Japan, as in other countries, is the risk of wrongful convictions. There have been several high-profile cases in Japan where individuals sentenced to death were later exonerated, often after spending decades on death row. These cases have sparked public debate about the reliability of Japan's criminal justice system,
particularly the use of confessions obtained under duress and the lack of a robust system for reviewing potential miscarriages of justice.
Japan and Other Industrialized Nations

Japan's continued use of the death penalty sets it apart from most other industrialized nations, particularly those in Europe, where capital punishment has been largely abolished. The European Union has made the abolition of the death penalty a prerequisite for membership, and many European countries actively campaign for global abolition. In contrast, Japan aligns more closely
with countries like the United States, where the death penalty remains legal in several states, though its use has declined in recent years.

Regional Comparisons: Asia and the Death Penalty

Within Asia, Japan is one of several countries that retain the death penalty, alongside China, India, and South Korea, among others. However, the frequency of executions and the transparency of the process vary widely across the region. Japan's relatively low execution rate and the secretive nature of its death penalty practices contrast with China's high execution numbers and public trials. This regional context is important for understanding Japan's stance on the death penalty, as it reflects both cultural factors and geopolitical considerations.
Lessons from Abolitionist Movements

Countries that have abolished the death penalty often cite the potential for wrongful convictions, the lack of a proven deterrent effect, and the ethical implications of state-sanctioned killing as key reasons for abolition. Japan's debate on the death penalty could benefit from examining these abolitionist movements, particularly in countries with similar legal traditions. For instance, the experience of European nations in transitioning to life imprisonment without parole as an alternative to the death penalty could provide a model for Japan. The practice of the death penalty in Japan is deeply rooted in the country's legal, cultural, and social fabric. Despite international pressure and the growing global trend toward abolition, Japan continues to uphold capital punishment as a necessary tool for justice. However, the system is not without its flaws, including concerns about transparency, the psychological impact on death row inmates, and the potential for wrongful convictions. As Japan moves forward, the debate over the death penalty is likely to continue, shaped by both domestic factors and international influences.