EXCLUSIVE: Ban on Prosecutors’ Appeals in Retrials Wins Expert Support

Tokyo, Nov. 16 (Jiji Press)–A Jiji Press survey of researchers on Japan’s retrial system has found that all 19 respondents support a proposed ban on prosecutors’ appeals against decisions to initiate retrials. The 19 are among the 24 researchers on whom Jiji Press conducted the questionnaire survey because they had published papers on retrials. Japan is reviewing the retrial system designed to provide relief to victims of false charges. In the high-profile case of Iwao Hakamata, 89, who was sentenced to death for the murder of four people and acquitted in a retrial, it took about nine years for the decision to start a retrial to become final because the prosecution appealed against the decision. A draft bill to reform the retrial system compiled by a nonpartisan group of lawmakers calls for prohibiting appeals by the prosecution, because the practice is viewed as a key reason that retrial procedures are prolonged. A subcommittee of the Legislative Council, which advises the justice minister, is also discussing a review of the retrial system, but many members, including prosecutors and academics, are opposed to or cautious about banning appeals by prosecutors. When the Jiji Press survey asked if the majority opinion is appropriate, 18 respondents said it cannot be considered appropriate and one said that it cannot be seen as very appropriate. The subcommittee is also discussing the scope of disclosure of evidence held by investigative authorities. When asked if they expect the scope of disclosure to expand based on the discussions so far, six respondents said they cannot expect that to happen very much and 11 said they cannot expect such a situation at all. The draft bill also includes a provision in which a judge, in principle, issues a disclosure order when a petitioner requests disclosure of evidence. There was no opposition to this content among the respondents, with eight in favor and nine rather in favor. The survey was conducted from October to November on 24 researchers in Japan who Jiji Press confirmed had published papers on retrials in the past 10 years. They were asked in writing about 11 items, including the draft bill and discussions at the Legislative Council subcommittee. Scholars account for six of the 14 members of the subcommittee. The six were separately asked whether they had published papers. Two said no, while the remaining four did not answer. The Jiji Press survey asked about the selection of the subcommittee members, finding that 13 out of the 19 respondents said it was inappropriate, while four said it was rather inappropriate. Of those who made the negative response, Ritsumeikan University professor Takao Fuchino said that many of them are “researchers representing the opinion of the Justice Ministry, which is reluctant to reform the retrial rules.” The retrial system is stipulated in the Code of Criminal Procedure, but related provisions have not been revised in the post-World War II period. The code has only 19 articles on the system, and the operation is left to the discretion of judges. END [Copyright The Jiji Press, Ltd.]