29 April 2022
Imposition of the death penalty and its impact: Japan
This is a joint submission by CrimeInfo, a Japanese NGO specialising in the provision ofinformation concerning the death penalty and criminal justice issues in Japan, and Eleos
Justice, an anti-death penalty initiative, based at the Faculty of Law at Monash University.
1. Individuals sentenced to death‘How many individuals were on death row at the end of 2021?’- As of 21 December 2021, 107 individuals were on death row,1 8 of whom arewomen.2‘How many years on average do individuals spend on death row?’- 49 individuals were executed in the last 10 years (2012-2021).3 The mean averagethese individuals spent on death row was 7 years and 10 months.4 However, hugevariation exists: the shortest period spent on death row during this period was 1 year
and 4 months and the longest period was 18 years and 6 months.
- For individuals currently on death row, Nobuo ODA has been on death row for 51years and 5 months—Japan’s longest serving induvial on death row.5‘Have there been any recent studies carried out on the impact of the death penalty on
individuals sentenced to death?’- In 2020, the Japan Federation of Bar Associations conducted a survey of individuals
on death row (the JFBA survey). Out of a total of 108 individuals on death row (as of3 December 2020), the JFBA received 69 valid responses.6 This is the JFBA’s thirdsurvey regarding the treatment of individuals on death row; the last two surveys
were carried out in 2006 and in 2009/2010.
‘How are individuals sentenced to death treated (conditions on death row, visits by family
members, support provided to practice one’s religion)?’- Conditions on death row: Japan’s death row is notoriously severe, characterised bysolitary confinement in small cells, inadequate time spent outside, solitary
1

CrimeInfo: https://www.crimeinfo.jp/data/houmukaiken/furukawa_031221/
CrimeInfo: https://www.crimeinfo.jp/data/dplist/female/3
CrimeInfo: https://www.crimeinfo.jp/data/toukei/execution/
4
For the purpose of this submission, the time spent on death row is the length of time between the date when
the individual sentenced to death exhausted their avenues of appeal (or the date when the individual sentence
to death withdrew their appeal) and the date of execution.
5
CrimeInfo: https://www.crimeinfo.jp/data/dplist/dplist_all/. Iwao Hakamada is often referred to as thelongest serving individual on death row (though he was released in 2014). He is the longest serving individualon death row if ‘time spent on death row’ is calculated from the date of the death sentence at trial. Please see
footnote 4 for our definition.
6
JFBA survey:
https://www.nichibenren.or.jp/library/ja/jfba_info/publication/data/shikei_syoguu_a_gaiyou_2021.pdf(para.1).
2

--confinement, and limited contact with other persons outside prison.7 While exact
rates are unknown, mental illness among individuals on death row appears to behigh, with limited medical care available.8
Visitors: During December 2019 and November 2020, 29 individuals (out of 69) on
death row met with family members, averaging 5 or less family visits during thisperiod. The average length of each family visit was 21 minutes, the shortest being 7
minutes and the longest being 50 minutes. 36 per cent of respondents had no family
visits since 2016.
Religious assistance: Individuals on death row can request religious assistance;
however, in most cases, prison staff attend the meeting between the spiritualadviser and the individual on death row.9‘Is there a monitoring body that oversees the conditions of detention and welfare ofindividuals sentenced to death?’- The Penal Institution Visiting Committee10 provides civilian oversight of penal
institutions. The Committee is empowered to inspect penal institutions.11 However,repeated requests to inspect the execution chamber at the Tokyo Detention Centre12
by the Committee have been rejected.13 The authorities refused access to theexecution chamber, stating that such inspection does not fall under the purpose ofthe Committee which is to inspect the ‘operation’ of penal institutions.14
2. Family members‘What support is provided in your country for children and other family members ofindividuals sentenced to death or executed?’- To our knowledge, no special support is provided by the state.
‘How much contact are family members, including childing, allowed to have with individuals
sentenced to death in your country?’- Please see our response under section 1.
3. Other individuals

7

Maiko Tagusari, Mai Sato, David Johnson and Saul Lerhfreund, The Death Penalty in Japan (2013) 12.
Available from https://deathpenaltyproject.org/knowledge/the-death-penalty-in-japan/
8
Maiko Tagusari, Mai Sato, David Johnson and Saul Lerhfreund, The Death Penalty in Japan (2013) 12.
Available from https://deathpenaltyproject.org/knowledge/the-death-penalty-in-japan/. The JFBA survey also
confirmed the use of solitary confinement for individuals on death row.
https://www.nichibenren.or.jp/library/ja/jfba_info/publication/data/shikei_syoguu_a2021.pdf
9https://www.nichibenren.or.jp/library/ja/jfba_info/publication/data/shikei_syoguu_a2021.pdf
10
The Japanese Ministry of Justice uses the term ‘visiting’ to refer to the Committee. However, the directtranslation is closer to ‘inspection’.
11
The Japanese Ministry of Justice: https://www.moj.go.jp/EN/kyousei1/kyousei_kyouse03.html
12
As of 31 December 2020, 51 individuals on death row were detained at Tokyo Dention Centre. See:
https://www.e-stat.go.jp/statsearch/files?page=1&layout=datalist&toukei=00250005&tstat=000001012930&cycle=7&year=20200&month=013
The Japanese Ministry of Justice: https://www.moj.go.jp/content/001356910.pdf (p.31)
14Ibid.

‘Has any study or assessment been made in your country about the impact of the death
penalty on prison officers, executioners, health professionals and others involved inmonitoring of and/or the execution of individuals sentenced to death? If so, what were thefindings?’- One study published in 2019 interviewed 12 prison staff to explore their views on
prison management and their experience of working in prisons.15 None of theinterviewees worked at detention centres where individuals on death row are kept.
To our knowledge, no study or assessment had been carried out which examines theimpact of the death penalty on prison officers, executioners, health professionals
and others involved in monitoring of and/or the execution of individuals sentenced
to death.
4. Lead-up to execution‘In the lead-up to execution, what sort of information is provided to individuals on deathrow, their families, and legal representatives, including the date of the execution?’- Individuals on death row are notified of their executions several hours in advance.
Families and legal representatives are notified after the execution has taken place.
‘What support, if any, is offered to individuals on death row before their execution, including
religious assistance?’- Individuals on death row can request religious assistance. The spiritual adviser
accompanies the individual to the execution chamber, provided that the individual
does not refuse the aid of the spiritual adviser.
- To our knowledge, no other support is provided to individuals sentenced to death
before their execution.
‘What arrangements, if any, are in place for families and friends of those on death row in thelead-up to the execution?’- Families and friends of those on death row are not notified about the execution inadvance.
‘If no advance notifications are given concerning the execution, why is this the case?’- In November 2021, two death row inmates sued the Japanese government over its
treatment of death row prisoners, claiming that the practice of notifying individualsof their executions mere hours in advance is unlawful as it denies prisoners theopportunity to file an objection.16 The Minister of Justice has defended this practicein December 2021 at a press conference by stating that it is intended to prevent
prisoners from suffering before their execution:
The notification of execution of the death penalty is given to the inmate in question
on the day of the execution before the death penalty is executed. This is partly
because it is considered that, if the notification were given before the date of15

Hiroi Fukaya, Chie Morihisa, and Junko Fujioka (2019) ‘Kanjou Roudousha toshiteno Keimukan’ Ritsumeikan
Hougaku, 4: 1676-1707. Available from: http://www.ritsumei.ac.jp/acd/cg/law/lex/19-4/004fukaya-morihisafujioka.pdf
16
Reuters: https://www.reuters.com/world/asia-pacific/japan-death-row-inmates-sue-over-inhumane-sameday-notification-media-2021-11-05/

execution, it would seriously affect the mind of the inmate sentenced to death andmake it difficult to maintain peace of mind.17-

It is our opinion that the main reason for notifying the individuals of their executions
several hours before the execution is to prevent situations that may be a barrier tocarrying out the execution, including legal challenges and suicides.

5. Methods of execution‘What is/are the method(s) of execution in your country?’- The method of execution is hanging.
‘Have there been any recent cases that challenge the lawfulness of the method ofexecution?’- In 2016, the Supreme Court (the highest court in Japan) upheld the death sentenceof a man convicted of arson in which five people died. The defence argued, among
others, that execution by hanging is a cruel punishment that runs counter to theConstitution, which forbids cruel punishments and torture by public officials. The
Supreme Court dismissed this argument, simply noting that previous Supreme Court
judgments from 1948, 1955, and 1961 which upheld the constitutionality of thedeath penalty, including the method of execution.18‘What safeguards exist to prevent physical pain and suffering?’- Should such safeguards exist, they are not made public.
6. Treatment of bodies of the executed‘How are the bodies of the executed treated in your country? (Information on the proceduresin place for their burial/cremation and the return of bodies to family members or to otherindividuals and the management and final disposal of unclaimed bodies.)’- If no one, including family members, wishes to receive the body of the executed, therelevant detention centre cremates the body.19 If no one wishes to receive thecremated remains, the remains will be placed in a graveyard managed by theJapanese Ministry of Justice.

For further information, please contact CrimeInfo (info@crimeinfo.jp).

17

CrimeInfo: https://www.crimeinfo.jp/data/houmukaiken/furukawa_031221/
Supreme Court of Japan: https://www.courts.go.jp/app/files/hanrei_jp/793/085793_hanrei.pdf
19Article 177, Act on Penal Detention Facilities and the Treatment of Inmates and Detainees; Article 94,
Regulation for Penal Institutions and Treatment of Inmates.
18