Japan Federation of Bar Associations (JFBA)

Successful Exonerations: 18 cases  


In 1959, the JFBA began support of criminal cases deemed to be miscarriages of justice. Since then, the organization has continued to offer support for wrongful convictions. This a list of successful exonerations. 


Cases which the JFBA supports and are currently being appealed can be viewed at:  


https://www.jiadep.org/resources/Chart-JFBA-Retrials.html


https://www.jiadep.org/resources/Chart-JFBA-Retrials.html










Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Yoshida

吉田石松老王事件

1913/08/13

YOSHIDA Ishimatsu

b. 1879

Murder, Robbery

~~~~~~~~

Yes


Summary


The owner of a small silk shop was robbed and murdered in Nagoya. The two actual suspects (ages 22 and 26) fingered Ishimatsu (age 34) as the principal criminal. Ishimatsu was tortured and confessed. 



Court Chronology


District Court:     1913/Aug/13  Actual suspects: life imprisonment. Yoshida: death.


High Court:         1914/Jul/31    Yoshida's sentence is reduced to life.


Supreme Court:  1914/Nov/04    Confirms all sentences.


Later Actions


1930: Two actual perpetrators are paroled.

1935: Yoshida is paroled. (Very unusual without an admission of guilt.)

1936: Actual perpetrators admit to framing Yoshida. Tokyo Shinbun (Newspaper) runs article entitled "A Contemporary Count of Monte Cristo" ( 今様巖窟王 Imayou Gankutsu Oh )

1958: 4th petition for retrial is denied. Yoshida seeks help of Abe Haruo-a prosecutor in the Ministry of Justice. Abe is sympathetic and directs Ishimatsu to the Japan Federation of Bar Associations (Nichibenren).

1959: Japan Federation of Bar Associations (Nichibenren) launches a special committee to investigate the case. The Parliament also takes notice.

1960: Nagoya High Court grants retrial. Prosecution protests the act as illegal. 

1962/12/06: Supreme Court affirms the Nagoya High Court ruling and grants a retrial.

1963/02/08: Nagoya H.C issues a verdict of 'not guilty' Nearly 50 years later.


Of Interest:


The decision in the retrial case was broadcast live on t.v.-a rarity.  The court awarded payment of 3,155,000 yen for 21 years, 7 months and 7 days (7889 days x 400 yen/day) of wrongful incarceration. It also made reference to "The Count of Monte Cristo" in it’s decision.


1963/12/01 Ishimatsu passes away. His tombstone reads "The God of Human Rights Sleeps Here (人権の神ここに眠る)."


  




Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Hirosaki University

1949/08/26

Aomori

那須隆

Nasu Takashi

Murder


Summary


The defendant was charged with murdering the wife of a university professor.




Court Chronology


District Court        1951/01/12 Not Guilty


High Court            1952/05/31 Guilty 15 years.


Supreme Court     1953/02/19 Appeal is rejected


~~~~~~~~~~~~~~


Later Actions


1963 Paroled


1971 Real culprit comes forward.


1971 Japan Federation of Bar Associations establishes a support committee.


1974 Sendai High Court refuses retrial.


1976 Separate high court bench opens retrial


1977/02/15  Not Guilty Sendai High Court


~~~~~~~~~~~~~


1981/04 (Aomori D.C).        Plaintiff receives redress-wins partial victory.

1986/11 (Sendai H. C.)        Redress award is overturned. 

1990/07  (Supreme Court)  Appeal rejected. Redress denied.






Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Kato Roh

Yamaguchi Prefecture

1915/07/11

1915/07/25


Kato Shinichi

加藤新一

b. 1893

Murder, Robbery


Summary


Kato was likely implicated by the accomplice or true perpetrator. Both received life sentences. The other died in 1918


Court Chronology


District Court    1916/02/14    Life Imprisonment


High Court        1916/08/04  Life Imprisonment


Supreme Court  1916/11/07  Confirmed



Later Actions



1930  Paroled


1969/06/17 JFBA perceives a miscarriage of justice and launches an investigative committee.


1976/09  Retrial granted  (age 83)


1977/07/07 Not Guilty  (age 84)


1980/04/29  Kato passes away. (age 87)


///////////////////

State Redress Suits (Civil Court)

1980/07 Hiroshima D.C.    Refused

1986/10 Hiroshima H.C.      Refused

1987/01 Supreme Court    Refused


Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Yoneya

米谷

1952/Feb/25

Yoneya

Murder, Rape


Summary


The defendant was charged with the rape and murder of an elderly woman.


Court Chronology


District Court  1952/Dec/5     Guilty 10 years.


High Court      1953/Aug/22    Appeal is denied


Supreme Court  1953/08/22  Confirmed



Later Actions


1966 Real criminal comes forward and confesses.


1967/Mar/18 Japan Federation of Bar Associations (Nichibenren) launches a special committee to investigate the case.


1968 Real criminal is found innocent.


1976/Oct/30  Retrial begins.


1978/Jul/31  Not Guilty. (Aomori D.C.)


State Redress Suit (Civil Court)

1984/06 Tokyo  D. C. Denied.  

1988/04 Tokyo H. C. Denied.



Case Name

Location

Date of Incident

Date of Arrest




Defendant's Name(s)

(Family /  First)

F = female


Charges

~~~~



Taki


Tokyo


1950/May/20


1951/Jan



Taki Junnosuke


滝淳之助


Time Incarcerated=

30 years


19 Charges: 

murder +robberies



Summary


Defendant was charged and confessed to 19 different crimes the most severe being murder/robbery.




Court Chronology


1953/Jun/13

District Court  

Tokyo 

Life Imprisonment x1

5 years labor x2

1953/09/10

High Court  

Confirmed

None

Supreme Court

Defendant did not appeal.


Later Actions


1964 January 31  Japan Federation of Bar Associations (Nichibenren) launches         

                            a special committee to investigate the case.


Retrials 


1980/10/16 Tokyo High Court hears prosecution's protest over retrial.


1981/Mar/27

District Court   

Not Guilty

Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Menda

免田

Kumamoto

1948/12/29


Menda Sakae

免田栄

Incarcerated: 34 years.




Murder, Robbery

~~~~~~

Yes


Summary


Menda became the first defendant (of only four) to be exonerated from death row in the postwar era. 


NOTE: This is one of only 4 death penalty cases that have been reversed since 1948.



Court Chronology


District Court     1950/03/23 Death


High Court          1951/03/19 Death


Supreme Court    1951/12/25 Death



Later Actions


1956/08/10 Third Appeal for Retrial Accepted  (Kumamoto D.C.)

1959/04/15 Retrial is cancelled (Fukuoka H.C.)

1961/09/23 Japan Federation of Bar Associations (Nichibenren) launches a special committee to investigate the case.

1979/09/27 Sixth Appeal for Retrial Accepted (Fukuoka H.C.)

1980/12/11 Prosecution's protest of retrial is rejected. (S.C.)

1983/07/15 Not Guilty (Kumamoto D.C. Yachiyo Branch) Exonerated.  Length of incarceration: 34 years.






Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Saitagawa 財田川

Kagawa

1950/02/28


Taniguchi Shigeyoshi


Exonerated

Time Served = 34 years

murder ( x 1)

robbery


Summary



One of four postwar death sentence exonerations.  The judge who heard the petition for retrial quit the bench in order to defend Taniguchi. His hard work was fruitful and the defendant was released after 34 years in prison.



Court Chronology


District Court     1952/02/20 Death


High Court         1956/06/08 Appeal Denied


Supreme Court   1957/01/22  Confirmed.



Later Actions


1976/09/17  Japan Federation of Bar Associations perceives a miscarriage of justice, and launches a special investigative committee.


1979/June/07  Retrial granted


1983/March   Former judge turned attorney Yano dies.


1984/03/12   EXONERATED


2005/07/26  Taniguchi dies.




Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Matsuyama


1955/10/18

Saito Yoshio


Incarcerated: 28.5  years

Murder, robbery, arson


Summary


The defendant was charged with murdering a family of four, committing robbery, and setting the house on fire.


NOTE: This is one of only 4 death penalty cases that have been reversed since 1948.


Court Chronology


District Court     1957/10/29  Death


High Court         1959/05/26  Death


Supreme Court  1960/11/01  Death 



Later Actions


1962/Nov/20   Japan Federation of Bar Associations (Nichibenren) launches a special committee to investigate the case.


1979/Dec/6    Retrial Granted


1984/07/11   Not Guilty: Exonerated.

~~~~~~~~~


State Redress Suit filed in  civil court.


1991/07 Sendai D.C. Denied.


2006/07/05 Saito passes away.



Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Tokushima Radio

 徳島ラジオ商殺し事件

Tokushima city

1953/Nov/05


Fuji Shigeko (F)

Murder


Summary





Court Chronology


District Court   1956/Apr/18    Sentenced to 13 years.



High Court  1956/Apr/18   Confirmed



Supreme Court  1958/May/12   Sentence is confirmed.



Later Actions

1959     First Appeal for retrial is filed

             Second Appeal for retrial is filed


1959   Japan Federation of Bar Associations (Nichibenren) launches a special committee to investigate the case.


1962     Third Appeal for retrial is filed


1966     Defendant is provisionally released.


1968     Fourth Appeal for retrial is filed.


1978     Fifth Appeal for retrial is filed.

1979     Fuji passes away.

1980     Sixth Appeal for retrial is accepted

1983     Retrial begins.

1985     Six years after her death, defendant is found not guilty.





Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Umeda

梅田

~~~~~

1950/Oct/10

1954/Jul/7

Hokkaido

Kitami City

Umeda Yoshimitsu


 Exonerated

Time Served: 17 years

Murder, Robbery

~~~~~~~

Yes to police.

Denied the confession in court


Summary


A forestry official was robbed and murdered. 2 years later, Umeda was arrested




Court Chronology


District Court  1954/Jul/07  Life Imprisonment



High Court  1957/7/7  Confirmed



Supreme Court  1957/11/14



Later Actions



1964/Jan/31  Japan Federation of Bar Associations (Nichibenren) launches a special committee to investigate the case.


1971/05 Paroled


1982/12/20  Retrial granted.


1986/08/27  Not Guilty


2007/06/20 Umeda dies.




Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Shimada

島田事件

Shizuoka

1954/03


Akabori Masao

Exonerated

Incarcerated 34 Years

Murder

~~~~~

Yes


Summary


Akabori, who is autistic, was arrested and charged for murdering a child. He is one of only four people whose death sentence was finalized by the Supreme Court, and was later found innocent.




Court Chronology


District Court  Death 1958/05/23 Death


High Court Death         1960/02/17 Affirmed


Supreme Court            1960/12/05 Confirmed



Later Actions



1977/Mar/18   Japan Federation of Bar Associations (Nichibenren) launches a special committee to investigate the case.


1986/05/30  Retrial granted. (Shizuoka High Court.) 


1989/01/31       Not Guilty   Incarcerated: 34 years



Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Enaimura 

(Enai Village)

榎井村

1946/08/21

1946/08/28

Kagawa


Yoshida Osamu

吉田

+ One Accomplice



Murder, home invasion.


Summary


Two men entered a home and shot the resident. Yoshida, who had been previously been charged with home invasion and possession of a firearm, was arrested.



Court Chronology


District Court      1947/12/08 Life Imprisonment (prosecution demanded death).           

                            Accomplice sentenced to six years.


High Court           1948/11/09  Sentenced reduced to 15 years.


Supreme Court     1949/04/28  Confirmed

Confirmed



Later Actions


1955  Yoshida released in an amnesty as a result of the San Francisco Peace Treaty.


1977/03/18  Japan Federation of Bar Associations (Nichibenren) recognizes the case as a miscarriage of justice and offers official support.


1990/03/19  Takamatsu HC grants retrial.


1994/03/22  Defendant declared not guilty in retrial. 





Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Ashikaga 足利

Tochigi

1990/May

1991/Dec 2


Sugaya Toshikazu

born 1947


Exonerated


Time Incarcerated:

17.5 years



Murder & rape

 of a four year old girl

Summary


In May of 1990, a deceased four year old girl's body was found along the bank of a river. She had been sexually molested. 19 months later, faced with a lingering murder/molestation cold case, police extract a confession from the day care center's bus driver. Though the DNA evidence from the victim's underwear excluded Sugaya, the court weighed the confession and ordered a sentence of life imprisonment.



Court Chronology


District Court    1993/07/07  Life Imprisonment  Utsunomiya D.C.


High Court         1997            "                Tokyo


Supreme Court   2000/07/17  Confirmed

~~~~~~~~~~~~~~~~~



Later Actions:


2002/Dec/20 Japan Federation of Bar Associations (Nichibenren) recognizes the case as a miscarriage of justice and offers official support.


2006/08/21     Civil suit against the state's forensic witness opens.


2008/02/13     Retrial Request Rejected (Utsunomiya DC).


2009/June/23      DNA evidence indicates Sugaya is not culprit-released from prison.


2010/03/26   Exonerated


2011/January  State pays 80,000,000 yen ($750,00) for time wrongfully served.


~~~~~~~~~~~~~


Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Fukawa

布川

Ibaragi

1967/08/30


Sakurai Shoji   (20)

Arrested 1967/10/10

Sugiyama Takao  (20)

Arrested 1967/10/16


Exonerated: Time Served: 29 years

Murder Robbery


Summary


A 62 year old woman was found strangled in her home in the village of Fukawa located in Tonegawa-cho, Ibaragi-ken. After investigating well over a hundred people, police eliminated all but some ten or more from a list of suspects. At first, Sakurai was arrested for theft of a belt and a single pair of trousers. He denied the charges but five days later he confessed to the murdering the victim with Sugiyama as accomplice.



Court Chronology


District Court      1970/10/06 Life Imprisonment


High Court           1973/12/20 Life Imprisonment


Supreme Court    1978/07/03 Confirmed



Later Actions

1983/12/23 Request for retrial requested


1996 Defendants are paroled 


2005/09/21 Retrials Granted


2007/12/15 Supreme Court affirms retrial request.


2011/May/25  Exonerated!


2015  Sugiyama passes away.


2019/May 27  Tokyo D.C  Sakurai awarded $690,000 (76 million yen) in state redress civil suit.


2021/Aug/27 Tokyo H.C. affirms civil suit with minor changes. 






Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Govinda


(AKA:

Tokyo OL Murder Case)


OL = Office Lady


Tokyo


1997/03/19


Govinda Prasad Mainali

Nepali citizen


Exonerated! Time Served: 12.5 years.

Murder, Robbery


Summary


Nepali Govinda was arrested for the strangulation of a female executive of the Tokyo Power and Electric Company, a high profile case. Govinda admitted to having sex with the woman but denies the murder. The short span of eight months between the District Court and High Court decisions was extremely abnormal for a Japanese court.



Court Chronology


District Court      2000/04/14   Not Guilty


Special Order       2000/06/27  Supreme Court rules that Govinda should remain incarcerated as he might flee.


High Court           2000/12/22   Guilty: Life Imprisonment


Supreme Court    2003/10/20   Sentence  is confirmed.

                            


Later Actions


2005/03/24:  Retrial filed in Tokyo HC.


2006/10/17 Japan Federation of Bar Associations (Nichibenren) recognizes the case as a miscarriage of justice and offers official support. 


2011 September:  An insider reveals that hidden DNA evidence exists.


2012 


June 7:  Retrial is granted. Govinda is paroled.


June 15:  Govinda is deported.


Oct 29: Prosecution requests decision of not guilty.


Nov 7: Decision: Not guilty.



Remuneration:

2013  Awarded ¥68 million$600,000) for 15 years wrongful imprisonment =12,500 yen for each day. 





Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Higashi Sumiyoshi

東住吉

1995

Osaka


Tatsuhiro Boku  (M 29) 

 Keiko Aoki (F 29)

Murder, Arson , Insurance Fraud

~~~~~~

Yes.


Summary

On July 22, 1995, a house fire killed the 11 year old daughter of the defendants. Because she was insured for15 million yen ($125,000), and since they were unmarried  and living together-- a Japanese and Korean in a common law marriage--the police surmised conspiracy, and  violently extracted confessions to arson, murder and insurance fraud.




Court Chronology


District Court            1999/03/30 Boku: Life Imprisonment

                                 1999/05/18 Aoki: Life Imprisonment     



High Court          2004/11/02 Aoki: Life Imprisonment

                           2004/12/20 Boku: Life Imprisonment   


Supreme Court     2006/10/27  Boku Appeal is rejected

                             2006/12/11 Aoki Appeal is rejected.   


RETRIALS:


District Court      2009/07/07  Retrials are filed.




District Court:    2012/03/07  Retrials Granted. Sentences are stayed allowing defendants to leave prison.  Prosecution appeals both decisions. Osaka High court overrules the stays. Both defendants are forced to spend 3.5 years more in prison.


2012/07/12  JFBA endorses case as a miscarriage of justice, begins official support.



High Court     2015/10/23  High Court affirms retrial and grants stays of sentences. Aoki and Boku are released from prison.


District Court: 2016/04/28  Boku's retrial begins. Prosecution declines further litigation.


                        2016/05/02  Aoki's retrial begins. Prosecution declines further litigation.


                        2016/08/10  Not Guilty. Defendants are exonerated.




Later Actions (Civil Suits)


1) Criminal Indemnity Law.


2017/ 03/31 Osaka District Court both defendants compensation of 91,900,000 yen ($850,000) according to the Criminal Indemnity Law. 


The calculation ( 12,500 yen/day ($110) x 7352 days  (Sept 1995~Oct 2015) = 91,900,000 yen ($850,000) 


2017  Aoki files state redress suit seeking damages for wrongful prosecution and a suit against the Honda motor company whose defective van lead to her daughter's death.



NOTE: The following suits were brought by Aoki only.


2) Suit Against the Honda Motor Corporation.


2018/10/26  Osaka DC  Civil suit against Honda is deemed to be outside the statute of limitations.  


2020/10/16  Osaka HC confirms DC's decision, rejects appeal.


2021/06/26  SC affirms both decisions.


3) State Redress Suit:


2021  Court is still in progress.







Case Name

Location

Date of Incident

Date of Arrest



Defendant's Name(s)

(Family /  First)

F = female


Charges

~~~~



Matsubase Case


 松橋事件

Kumamoto prefecture


1985/01/06


1985/01/08



Miyata Koki


Murder and Robbery

~~~~~

Yes.



Summary


Miyata was accused of stabbing an acquaintance to death after a quarrel. Miyata was interrogated around the clock for 12 days and eventually confessed. His first trial lawyer urged him to plead guilty. He changed his plea, and lawyer, in mid-trial, but was ultimately convicted. He served 14 years until his release in 1999. He was ultimately exonerated in 2019.





Court Chronology


1986/12/22

District Court   

Kumamoto

Guilty 13 years.

1988/06/21

High Court  

Fukuoka

Affirmed.

1990/01/26

Supreme Court

Confirmed


1999/07/22 Miyata completes sentence and is released



Retrial Attempts



2011/08/18       JFBA endorses case as a miscarriage of justice, begins official support.


2012/03/12 


2016/06/30

District Court

Kumamoto

Retrial filed.


Retrial granted.


2016/07/02 ~

2018/10/10



Prosecution lodges protests with the high court and the Supreme Court. All are rejected.



2019/03/28


District Court

Kumamoto




Not Guilty

Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Nishiyama Mika Case (or)

Shiohigashi Hospital Case

Shiga Prefecture


https://mainichi.jp/english/articles/20200210/p2a/00m/0na/015000c

~~~~~

2003/05/22


2004/07/06

Nishiyama Mika ( F)

Murder of a hospital patient

~~~~~~

Yes.

Summary


On May 22, 2003, a 72 year old male patient in a vegetative state died. One year later, Nishiyama was charged with removing a breathing tube and murder. She has a mild cognitive disorder and quickly confessed.


Court Chronology


District Court   2005/11/29  Guilty: 12 years.



High Court: Confirmed. 



Supreme Court: 2007/06/06  Confirmed. 



Later Actions



District Court: 


2010/09/21  Retrial filed. 


2011/03/30  Retrial rejected. Defense's objections are later rejected by both the High Court and the Supreme Court.


2012/09/28  2nd petition for retrial is filed. 


2015/09/30  2nd petition for retrial is rejected.


2015/10/05 Defense team files immediate appeal. 


   (  2017/August  Nishiyama finishes sentence and is released. )


High Court: 


2017/12/20 Defense's appeal is accepted and retrial is granted. Prosecution files appeal to supreme court.


Supreme Court: 


2019/03/18  Prosecution's protest is rejected, retrial is confirmed.


~~~~~~~~~~~~~~~~~~


District Court Retrial Chronology


2019/April. Prosecutors announce that they will contest the decision.


2019/0ct. Prosecutors announce that they will decline to further substantiate the case ( but insist that the defendant is guilty). 


2020/Feb/03 First retrial hearing.


2020/Feb/10 Closing arguments and prosecution's sentence demands.


2020/March/ 31 Not guilty.


~~~~~~~~~~~~~~~~~~


Civil Suit Chronology


2021/05/21  Awarded 7,330,000 yen ($80,630) for previous court costs.