Critics of Japan’s retrial system say that unlike regular criminal trials, there are no specific rules governing the disclosure of evidence or court procedures. They say this results in lengthy litigation and makes it harder to overturn wrongful convictions.
Hakamada Iwao was found guilty of the 1966 murders of a family of four — Hakamada’s employer, the man’s wife and their two children. He has maintained his innocence for decades.
Hakamada first sought a retrial in 1981, but had to wait 42 years to get one. Hearings finally got underway last year.
In March, this year, a nonpartisan group of nearly 350 lawmakers started reviewing existing legislation and procedures for retrials.
The group has since conducted hearings with a range of organizations and people, including Hakamada’s sister Hideko, who pointed out that she and her brother spent 58 years fighting for justice before they were finally granted a retrial. She called on the lawmakers to fix the law so that her brother’s experience will never be repeated.
A Supreme Court official who appeared at a hearing acknowledged that the process of compulsory disclosure of evidence can take a long time.
A Justice Ministry official also said a panel of experts is discussing the process of evidentiary disclosures in retrials, but that it’s difficult to generalize about why the trials take so long given that each case is unique.
In June, the group of lawmakers met Justice Minister Koizumi Ryuji and submitted a petition for reform. They urged the minister to include third parties in a review of cases where retrials have led to acquittals and to create a legal framework that will properly serve as a system of final remedy.
The minister agreed to carefully consider the matter with a balanced approach, but also with utmost emphasis on ensuring that innocent parties are not wrongfully convicted.
The Japan Federation of Bar Associations said more than 350 local assemblies, including 12 prefectural bodies, have passed resolutions calling on the Diet to revise legislation for the retrial system.