The Death Penalty in Japan
Japanese law and practice
Article 73 of Japan’s Constitution states that the Cabinet shall “decide on general amnesty, commutation of punishment, reprieve, and restoration of rights”. In addition, Japan’s Pardon Act states that “special pardons, commutations of sentence with respect to a specific person, and remissions of the execution of a sentence or restoration of rights with respect to a specific person shall be granted to persons subject to a recommendation from the National Offenders Rehabilitation Commission”. Moreover, the Ordinance for Enforcement of the Pardon Act has established procedures which require that when a person incarcerated in a penal institution requests special pardon, commutation of sentence, or remission of execution of sentence, the warden of the penal institution shall petition the National Offenders Rehabilitation Commission and include his or her opinion about the inmate’s request. Tus, incarcerated persons in Japan cannot apply directly to the NORC for amnesty or pardon: they must do so through an intermediary.
Some death sentences have been commuted in Japan in the past. However, since Mr Kenjiro Ishii had his death sentence commuted to life imprisonment in June 1975 (more than 37 years ago), no other inmate has received a commutation of a death sentence. Tis means that many death row inmates live for years under continuous threat of execution. As of January 2013 when Japan had 135 inmates on death row under a finalised sentence of death, four had lived in those circumstances (see the next section for more detail about conditions on death row) for more than 30 years.
Legally, the lack of an effective process for considering petitions of mercy in Japan does not conform to obligations under Article 6(4) of the ICCPR or to obligations under the seventh Safeguard. And practically, the fact of no commutations since 1975 suggests that executive mercy is dead in Japanese capital punishment.
The prohibition of torture and related ill-treatment Position under the ICCPR
Freedom from torture is a non-derogable right. Article 7 of the ICCPR prohibits subjecting people to treatment or punishment that amounts to torture or that is cruel, inhuman or degrading. Scientific experimentation without consent is prohibited under this article.
It is also important to note Article 10 of the ICCPR in the context of punishment:
1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
2.a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;
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