Japan Innocence and Death Penalty Information Center (www.jiadep.org)


CHART: Seeking Posthumous Justice



6 cases of wrongful conviction in Japan which are still being 

fought in court after the defendant's death / execution. 


Listed below is a separate chart for a well known case of posthumous exoneration

 and one of posthumous compensation.








Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Teigin Bank

Tokyo

1948/01/26

1948/01/26

Hirasawa Sadamichi

Murder, Robbery

~~~

Yes, after 34 days of interrogation.


Summary


12 people died in a bank drinking medicine which was laced with poison. Investigators quickly surmised that the perpetrator had a deep knowledge of poisons and chemistry, probably a former member of the 731 Brigade. When the investigation failed to progress, they arrested 56 year old tenpera painter with no knowledge of chemistry.



Court Chronology


District Court     1950/07/24 Death



High Court             1951/09/29 Death



Supreme Court     1955/04/26 Confirmed



Later Actions


87/05/10 Hirasawa dies in prison.  Aged 95

2003:  20th appeal for retrial filed 2003. 








Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Mitaka 

Tokyo

1949/07/15


Takeuchi Keisuke

+ 9 others.

Derailing a train

 and causing death


Summary


https://en.wikipedia.org/wiki/Mitaka_incident


On July 15, 1949, A deadly derailment killed six people at Mitaka railway station in Tokyo. Ten people, including Takeuchi, were charged with train sabotage resulting in death. All were members of the Communist Party. In 1950 the Tokyo District Court sentenced Takeuchi to life imprisonment, and acquitted the 9 others. In 1951, the Tokyo High Court overturned the district court ruling and sentenced Takeuchi to death. The Supreme Court confirmed this decision in 1955.


Court Chronology


District Court 1950/08/11 Takeuchi: Life Imprisonment. Nine others: not guilty.



High Court 1951/03/30 Takeuchi's sentence raised to death. Nine others: not guilty. 



Supreme Court 1955  Appeal denied. Death sentence is confirmed.



Later Actions


1967: Takeuchi dies in prison seeking appeal.


Appeals for Retrial: 


District Court:  2011 Second appeal for retrial is filed.


High Court: 2019/07/31   Appeal is rejected. Death Sentence is reconfirmed.




Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?


Nabari

名張

61/03/28

Mie

Nabari City

Arrested  61/04/02

Okunishi Masaru  aged 35


Died October 3, 2015  Aged 89

Murder x 5

~~~~~


Yes


Summary


 Five women died at a town meeting after drinking wine laced with poison. The investigation focussed on those in possession of the wine that day, and was narrowed to three people. The key suspect became thirty five year old Masaru Okunishi. Of the five women who perished, one was his wife and another was a lover. A great tragedy of Japanese justice, Okunishi was found not guilty in his first trial, and guilty in the second. He passed away on death row in 2015.




Court Chronology


District Court  1964/12/23 Not Guilty



High Court  69/09/10 Death  Nagoya High Court



Supreme Court  1972/06/15    Confirmed



Later Actions


73/04/15 First Request for retrial is filed.

2002  7th request for retrial is filed.

2005/04/05 Request for retrial is granted. Prosecution files objection.

2006/12/26 Prosecution’s objection is granted, retrial is revoked.

2012/05/25 Nagoya High Court denies retrial.

2018/12/08 Nagoya High Court denies 10th petition for retrial.


Okunishi passed away  October 3, 2015



Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~~

Confessed


Hinocho

Shiga

1984/12/28

1987/12/29 

Sakahara Hiromu


died in prison Dec. 2012 (age 75)

Murder / Robbery

~~~~~

Yes.


Summary


Three years and one day after the robbery of a small bar and the murder of its elderly proprietess, police began questioning Sakahara, a former regular customer. Sakahara is mentally impaired and has never committed a crime. After three days of voluntary yet abusive police questioning, a confession was extracted.



Court Chronology


District Court     1995/06/30 Life Imprisonment



High Court          1997/05/30 Life Imprisonment



Supreme Court    2000/09/27 Confirmed



Later Actions


06/03/27 Appeal for retrial is denied. Otsu D.C


2011 Appeal for retrial is denied. Osaka H.C.


12/03/08 Sakahara dies in prison (age 75).


12/03/30 Second appeal for retrial filed with Otsu D.C.


18/07/11  2nd request for retrial is granted. Otsu District Court.



2011: Sakahara dies in prison.




Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Iizuka飯塚

Fukuoka


Iizuka Double Girls Murder

飯塚2女児 殺人事件

1992

Kuma Michitoshi

久間三千年

Murder x 2


Summary


Executed on 2008/10/28. Kuma maintained his innocence. Note: execution in the short span of two years after the sentence has been finalized for a contested case is unheard of in modern times.





Court Chronology


District Court       1999/09/29  Death Fukuoka


High Court           2001/10/10  Fukuoka  Death


Supreme Court    2006/09/08  Death



Later Actions



Executed: 2008/10/28






Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Noda 野田

Noda City, Chiba

1979/09/11

1979/09/29

Aoyama Tadashi

Murder

~~~

Yes


Summary


Aoyama is mentally challenged. He was charged with the murder of a first grade elementary school student.



Court Chronology


District Court   1987/01/26  12 years.



High Court       1989/09/06  Affirmed.

 


Supreme Court  1993/12/20  Appeal rejected. Sentence is confirmed.



Later Actions


1994/08/14  Aoyama is released from prison.


2014/07/14  Retrial filed.


2019/09/18    Aoyama passes away. 











A case of postumous exoneration:

The Tokushima Radio Case.







Case Name

Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Tokushima Radio Case

徳島ラジオ商殺し事件

FUJI Shigeko (Female)

Murder


Summary





Court Chronology


District Court   1956 Sentenced to 13 years.



High Court



Supreme Court  1958 Sentence is confirmed.



Later Actions

1959     First Appeal for retrial is filed


             Second Appeal for retrial is filed


1962     Third Appeal for retrial is filed



1966/11/30     Fuji is provisionally released.


1968     Fourt Appeal for retrial is filed.


1978     Fifth Appeal for retrial is filed.


1979/11/05     Fuji Dies.


1980     Appeal for retrial is accepted


1983     Retrial begins.


1985/07/09     Six years after her death, defendant is declared not guilty. 





A case of postumous exoneration:

The Tok





A case of postumous compensation:

The Yokohama Case.







Case Name
Location

Date of Incident

Date of Arrest


Defendant's Name(s)

(Family  First)

F=female


Charges

~~~~

Confessed?



Yokohama

横浜

1943

Kanagawa

About 30 defendants, four of whom died of torture in prison.

Violating the wartime peace preservation law

~~~

Yes, after torture.


Summary





Court Chronology


District Court  1945/August=September



High Court



Supreme Court



Later Actions


1986~2002: four requests for retrial made.


2003-last remaining defendant passes away.


2003/April. Yokohama DC accepts request for retrial. Prosecution protests.


2005/March Tokyo HC upholds Yokohama DC decision. 


2006/02/09 Yokohama DC issues decision of "menso(免訴)" non-prosecution.                             

       Defense appeals to the high court.


2007/01/19 Tokyo HC: Appeal is rejected.


2008/03/14  Supreme Court: Rejection is confirmed.


2010/02/04  Civil Suit: 4 descendants of former defendants are awarded 47 million yen ($500,000) in compensation.