Japan prosecutors will not appeal acquittal of world’s longest death-row inmate in retrial

by · The Seattle Times

TOKYO (AP) — Japanese prosecutors said Tuesday they will not appeal the acquittal of the world’s longest-serving death-row inmate in a retrial last month, bringing closure to the 1966 murder case after more than a half-century of legal battles.

Prosecutor-general Naomi Unemoto said the prosecution decided not to appeal the Shizuoka District Court decision that found Iwao Hakamada not guilty in a retrial 58 years after his arrest, saying: “We feel sorry for putting him in a legally unstable situation for an extremely long time.”

Hakamada, an 88-year-old former boxer, was found not guilty on Oct. 26 by the Shizuoka court, which concluded that police and prosecutors collaborated in fabricating and planting evidence against him. The court said he was forced into confession by violent, hourslong interrogations.

The top prosecutors’ decision to not appeal two days before the Oct. 10 deadline finalizes Hakamada’s acquittal by the district court.

”I’m delighted that we finally resolved this. Case closed,” his 91-year-old sister Hideko Hakamada told reporters after getting a phone call from her lawyer about the prosecutors’ decision.

“I kind of knew this was going to happen,” Hakamada said, with a laugh.

Unemoto, in a statement on the Supreme Public Prosecutors Office website, also apologized for Hakamada’s decades-long unstable legal situation amid a lengthy court process and pledged to investigate why the retrial took so long.

Hakamada was convicted of murder in the 1966 killing of an executive and three of his family members and setting fire to their home in central Japan. He was sentenced to death in 1968 but was not executed, due to the lengthy appeal and retrial process in Japan’s notoriously slow-paced justice system.

Hakamada became the fifth death row inmate to be found not guilty in a retrial in postwar Japan, where prosecutors have a more than 99% conviction rate and retrials are extremely rare.

He spent more than 45 years on death row, making him the world’s longest-serving death-row inmate, according to Amnesty International.

With Tuesday’s settlement of the retrial ruling, Hakamada is now entitled to receive government compensation of up to about 200 million yen ($1.4 million).

His lawyer Hideyo Ogawa has said his defense team is considering filing a damage suit against the government and the Shizuoka prefecture over the collaboration of prosecutors and police in fabricating evidence, despite knowing it could send Hakamada to the gallows.