Lull in executions expected under new cabinet

Tuesday 22nd September, 06:38 AM JST

TOKYO —

With the inauguration of the Democratic Party of Japan-led government, there could be a lull in executions of death-row inmates at least for the time being in Japan, which in recent years has accelerated hangings under Liberal Democratic Party-led governments.

Political commentators say that one notable factor is the appointment of Keiko Chiba as justice minister, who has the final say in authorizing executions. Chiba, a member of the House of Councillors, has adopted a position against capital punishment and belongs to the nonpartisan Parliamentary League for the Abolition of the Death Penalty.

Any move toward executions could also trigger resistance from within Prime Minister Yukio Hatoyama’s cabinet, as it also includes Shizuka Kamei, leader of the People’s New Party, who leads the parliamentary league, and Mizuho Fukushima, leader of the Social Democratic Party who is staunchly opposed to the death penalty.

After the cabinet was launched on Wednesday, Chiba told her inaugural news conference that it is her ‘‘personal feeling that it would be good’’ if a move toward abolition of or a moratorium on the death penalty is taken.

But she also added, ‘‘The fact remains that a justice minister is tasked with professional duties under the law. I am fully aware (a justice minister) is obliged institutionally to deal with executions.’‘

Toyo Atsumi, a professor in criminal procedure at Kyoto Sangyo University’s law school, said, ‘‘If a minister avoids executions when the institution of execution exists, there will not be a ‘rule of law.’ I am sure Justice Minister Chiba is fully aware of it and if executions are to be done away with, it must be after (relevant) law revisions have been made.’‘

Nobuto Hosaka, secretary general of the parliamentary league against the death penalty, expressed hopes about the new justice minister. ‘‘I would think she will probably institute a moratorium. No doubt a brake will be put on executions,’’ he said.

A Justice Ministry official said, ‘‘For the time being, various matters will come under review and a judgment will probably be made after fully considering the circumstances.’‘

The Code of Criminal Procedure provides that the justice minister order an execution within six months if the death penalty is finalized. Not all ministers, however, have signed execution orders.

Japan saw a lull in executions for three years and four months from November 1989. This period included Megumu Sato as justice minister from 1990 to 1991. A Buddhist monk, Sato refused to sign execution orders, citing his faith.

Masaharu Gotoda put an end to the lull in March 1993. Since then almost all justice ministers except for those given brief stints have since ordered executions. A notable exception was Seiken Sugiura, who assumed the justice minister’s post in October 2005.

At his inaugural press conference, Sugiura openly said he would not sign an execution order on religious and philosophical grounds but he withdrew the statement only one hour later. During his nearly one year tenure, however, he never signed an order.

Since then, the number of people on death row has increased to around 100 and executions have also been on the rise. Among recent justice ministers, Kunio Hatoyama signed orders for 13 and his predecessor Jinen Nagano for 10.

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10 Comments

Disillusioned at 07:28 AM JST - 22nd September

I've never seen 'lull' used to refer to executions before. Do they come in waves and sets? That's great!
RomeoRamenII at 07:42 AM JST - 22nd September

The Wakayama curry poisoner and the remaining members of Aum Shinrikyo on death row will be happy to hear this news.
proudathiest at 08:51 AM JST - 22nd September

"Lull" means nothing in the grand scale of things. This always happens during an interim.
Molenir at 09:21 AM JST - 22nd September

And the killers rejoice.
Brantastik at 11:16 AM JST - 22nd September

Indeed, the killers will celebrate as much as they can in the strict Japanese prisons on hearing this. I'm against the death penalty myself but they better introduce a REAL life sentence where the prisoner stays in prison till the day he dies with none of the parole nonsense that exists in many other nations, most notably the US.

On a different issue, some of the members of this new government seem to be more left than center-left. Japan (and most other nations in the world) would be better off with governments that are smack bang in the center and just deals with matters pragmatically without a political doctrine of sorts and just not giving a FRACK about the left or right but the people.

But then politics has never been too logical, sensible or most importantly, for the people. It just likes to manipulate and distort in the shadow of complexity so that we're none the wiser:(
Midnightpromise at 02:14 PM JST - 22nd September

Execution is cruel punishment, they should just keep them in prison for life with NO parole, which is also cruel, so they should parole them when they are cured of killing, but thats not right because they might do it again, so they should umm, what was I trying to say....
chotto at 03:45 PM JST - 22nd September

Wow, could ths be Japan entertaining the idea of taking the first steps in becoming a civillised 1st-world country?
Molenir at 07:29 PM JST - 22nd September

It depends on whether or not you consider allowing murderers to commit their crimes, lock em away for a few years, then let them out to do it again, to be civilized. If so, then sure, they're definitely on their way. If you consider civilized being to execute those who have placed themselves outside the bounds of society by their conduct, in murdering members of the society, then no, rather the opposite, instead Japan is turning into an uncivilized 3rd world country.

Personally I view it as the latter, but then to each their own. Make sure and let the killers know where you live, when they get released mkay.
Ranger_Miffy at 06:45 AM JST - 23rd September

Midnightpromise, thanks for the excellent circular logic...which I have to admit is mine, too. Made me laugh and disturb the cat. Seriously, there are other ways to deal with this this situation aside from barbaric state slaughter.
Cicada at 01:06 PM JST - 24th September

Brantastic:

I'm against the death penalty myself but they better introduce a REAL life sentence where the prisoner stays in prison till the day he dies with none of the parole nonsense that exists in many other nations, most notably the US.

Yes, I think many supporters of capital punishment would withdraw their support if they could be assured that prisoners would not be released. Releasing prisoners just for "good behavior" in prison is ridiculous. At most, "parole" should be eligiblility for some improved conditions or transfer to a different prison.