"Death Penalty Notification on the Day Is Too Harsh"... Japanese Death Row Inmate Files Lawsuit
Japanese death row inmates filed a lawsuit against the state, arguing that notifying them of their execution on the day of the execution is unfair, but they lost the case.
On the 15th, the Osaka District Court ruled against the two death row inmates who filed the lawsuit. Until 1975, Japan sometimes notified inmates the day before the execution, allowing for a final visit with family. However, there were side effects. Knowing the exact time of their death, some inmates committed suicide before the execution, and others caused disturbances. As a result, the Japanese government changed the notification system to inform inmates 1 to 2 hours before the execution, as it is now. The government also argued that "same-day notification aims to stabilize the inmates' mental state and prevent suicides or riots."
The lawsuit was filed in 2021 by two death row inmates. They claimed that same-day notification is not codified in law and that there is no time to meet with lawyers or raise objections, which violates Article 31 of the Constitution, stipulating that "no punishment shall be imposed without due process of law."
To support their argument, they cited the United States, where all states with the death penalty provide advance notice before execution. In particular, they emphasized that in Oklahoma, the execution is notified 35 days in advance, allowing inmates to choose their last meal, and that the procedures until execution are clearly regulated.
On the other hand, the Japanese government maintains that same-day notification is not problematic. They argue that same-day notification is a reasonable method to prevent inmates from taking extreme actions and to ensure smooth execution. Among the 38 member countries of the Organisation for Economic Co-operation and Development (OECD), only the United States and Japan carry out executions. Including South Korea, which retains the death penalty but does not carry out executions, only three countries maintain the death penalty.
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