Death Penalty Execution Same-Day Notification: Too Harsh or Not? Which Side Will the Japanese Court Favor?

Japan Notifies Death Row Inmates 1-2 Hours Before Execution
Policy Changed After Past Inmate Suicides

Japanese death row inmates have filed a lawsuit claiming that "notification on the day of execution is unfair," with a first-instance ruling scheduled for the 15th.

Japanese media outlets such as MBS reported that the Osaka District Court is expected to deliver a ruling on the lawsuit related to execution notifications on this day. The lawsuit was filed by two death row inmates in 2021.

Currently, death row inmates in Japan are notified 1 to 2 hours before the execution is carried out. Until around 1975, executions were notified in advance, but now the notification is given on the morning of the execution day, citing that prior notice significantly harms the inmates' mental stability. The policy changed after a former death row inmate, who was notified the day before the execution, could not endure the psychological distress and took extreme measures.

[Image source=Pixabay]

The death row inmates who filed the lawsuit argued that same-day notification of execution is not codified by law and that there is no time for lawyer visits or to raise objections, which violates the constitutional provision (Article 31) stating that "punishment cannot be imposed without due legal process."

They supported their claims by referring to 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 the inmate to choose a last meal, and that the procedures until execution are clearly regulated.

On the other hand, the Japanese government maintains that notification on the day of execution is not problematic. They argue that same-day notification is a reasonable method to ensure smooth execution and to prevent inmates from taking extreme measures in advance.

Meanwhile, 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 system.

This content was produced with the assistance of AI translation services.