A Japanese court has ordered the
release of the world’s longest serving death row inmate because the
evidence used against him was likely made up.
Iwao
Hakamada, 78, a former professional boxer convicted of the 1966 murder
of a family, has spent the last 45 years behind bars on death row, a
Guinness World Record – including 30 years in solitary confinement
waiting to die.
The
court ordered a retrial for Mr Hakamada - who was sentenced to death in
1968 but not executed because of a lengthy appeals process - although
the prosecution has four days to decide whether it will appeal the
decision.
According to local
media, Mr Hakamada was released from Tokyo Detention House for the
first time in decades at around 5pm today, Japanese time. Accompanied by
his sister, Mr Hakamada, in a yellow shirt, made his way slowly out of
the court to a car before being driven away.
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A Japanese court has ordered the release of Iwao
Hakamada, the world's longest serving death row inmate who has spent
nearly 50 years behind bars, because evidence against him was likely to
have been made up
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The court ordered a retrial for Mr Hakamada, a former professional boxer, who was sentenced to death in 1968
Presiding judge Hiroaki Murayama said
he was concerned that investigators could have planted evidence to win a
conviction as they sought to bring closure to a crime that had shocked
the country.
‘There is
possibility that (key pieces of) evidence have been fabricated by
investigative bodies,’ Mr Murayama said in his ruling, according to Jiji
Press.
The court said today that DNA analysis obtained by Mr Hakamada's lawyers suggested that investigators had fabricated evidence.
Blood stains detected on five pieces
of clothing, which investigators said were worn by the culprit during
the crime, did not match the DNA of Hakamada, and trousers that
prosecutors submitted as evidence were too small for Hakamada and did
not fit when he tried them on.
Shizuoka
District deputy chief prosecutor Takashi Nishitani said the ruling was
unanticipated and that prosecutors would discuss whether to appeal to a
higher court.
It took
27 years for the Supreme Court to deny his first appeal for a retrial.
He filed a second appeal in 2008, and the court finally ruled in his
favour today.
There has long been speculation he was
innocent, and in 2007 one of the three judges who originally convicted
him publicly declared he had thought Mr Hakamada was innocent.
Mr
Hakamada initially denied accusations that he robbed and killed his
boss, the man's wife and their two children before setting their house
ablaze.
But the former
boxer, who worked for a bean-paste maker, later confessed following what
he subsequently claimed was a brutal police interrogation that included
beatings.
He retracted his confession, but to no avail, and the supreme court confirmed his death sentence in 1980.
Prosecutors and courts had used
blood-stained clothes, which emerged a year after the crime and his
arrest, as key evidence to convict Mr Hakamada.
The
clothes did not fit him, his supporters said. The blood stains appeared
too vivid for evidence that was discovered a year after the crime.
Later DNA tests found no link between Mr Hakamada, the clothes and the
blood stains, his supporters said.
But the now-frail Mr Hakamada has remained in solitary confinement on death row, regardless.
His
supporters and some lawyers, including the Japan Federation of Bar
Associations, have loudly voiced their doubts about the evidence, the
police investigations and the judicial logic that led to the conviction.
Even
one of the judges who originally sentenced Mr Hakamada to death in 1968
has said he was never convinced of the man's guilt but could not sway
his judicial colleagues who out-voted him.
Japan
has a conviction rate of around 99 per cent and claims of heavy-handed
police interrogations persist under a long-held belief that a confession
is the gold standard of guilt.
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Waiting to die: Iwao Hakamada has spent 30 years in solitary confinement during his time behind bars
The decision to grant Mr Hakamada a
retrial came as Amnesty International issued its annual review of
reported executions worldwide, which showed Japan killed eight inmates
in 2013, the ninth-largest national tally in the world.
Amnesty,
which has championed Mr Hakamada's cause and says he is the world's
longest-serving death row detainee, called on prosecutors to respect the
court's decision.
‘It
would be most callous and unfair of prosecutors to appeal the court's
decision,’ said Roseann Rife, the organisation's East Asia research
director.
‘Time is running out for Hakamada to receive the fair trial he was denied more than four decades ago,’ she said.
Amnesty is urging prosecutors to accept the court's decision.
Roseann
Rife, East Asia Research Director at Amnesty International, said: ‘The
Japanese authorities should be ashamed of the barbaric treatment
Hakamada has received.
‘For
more than 45 years he has lived under the constant fear of execution,
never knowing from one day to the next if he is going to be put to
death. This adds psychological torture to an already cruel and inhumane
punishment.
‘It would be
most callous and unfair of prosecutors to appeal the court’s decision.
Time is running out for Hakamada to receive the fair trial he was denied
more than four decades ago.
'If
ever there was a case that merits a retrial, this is it. Hakamada was
convicted on the basis of a forced confession and there remain
unanswered questions over recent DNA evidence.’
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Hideko Hakamada (left) is pictured here at a press conference after the order for a retrial of her brother
Mr Hakamada's sister, Hideko, 81, who
has passionately campaigned for a retrial for decades, thanked dozens of
supporters who gathered in front of the court house.
‘I want to free him as soon as possible,’ she told a press conference held shortly after the court announced its decision.
‘I want to tell him, "You did well. You will finally be free",’ she said.
Mr
Hakamada seems to have developed psychological illnesses after decades
in solitary confinement, Hideko told AFP in an interview last year.
‘What
I am worried about most is Iwao's health. If you put someone in jail
for 47 years, it's too much to expect them to stay sane,’ his sister
said in the interview.
Thursday's ruling underscores Japan's much-criticised closed interrogations, which rely heavily on self-confession.
Mr Hakamada had confessed in a closed interrogation.
Mr
Hakamada was convicted of killing a company manager and his family and
setting fire to their central Japan home, where he was a live-in
employee.
JAPAN'S 130 DEATH-ROW PRISONERS WHO MUST SIT AT ALL TIMES AND ARE GIVEN JUST HOURS OF NOTICE BEFORE THEIR EXECUTION
Apart
from the United States, Japan is the only major industrialised
democracy to carry out capital punishment, a practice that has led to
repeated protests from European governments and human rights groups.
Japan carries out a handful of
executions every year.
The country has around 130 death-row inmates, who are usually
confined to their cell with little or no contact with other inmates.
Prisoners
are typically notified about their impending deaths just hours before
they are hanged, and their families are told only after the execution.
The only crimes that can lead to a death sentence in Japan are murder and treason.
Between 1946 and 2003, 766 people were sentenced to death in Japan, according to Hoover. Of these, 608 were executed.
According
to Amnesty International, a number of prisoners on death row in Japan
have, like Mr Hakamada, been driven to mental illness.
The charity revealed in 2009 that prisoners are kept in isolation cells and are forced to sit at all time.
Prisoners are generally kept in solitary confinement, televisions are banned and visits are limited and often denied.
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