Japan :- UPR outcome on Death Penalty

ADPAN also made a submission for the UPR Review of Japan. Below are but some extracts from the outcome that demonstrates Japan’s position. To see the full list of documents related to Universal Periodic Review – Japan, follow the link .

Japan’s position on the issue of the death penalty is that this should be examined based on domestic public opinion. The majority of the Japanese people consider the death penalty to be unavoidable in the case of extremely heinous crimes and therefore Japan currently does not have any plans to establish a forum to discuss the death penalty system.

We provide support to victims and their families appropriately, regardless of whether or not a moratorium is introduced.

In Japan, the right to appeal is broadly recognized under the three-tier-trial system. Considering that many appeals have actually been made in death penalty cases and there is a problem to impose a burden of appealing on those who do not intend to appeal, Japan believes we should not introduce a system of mandatory appeal in cases where the death penalty has been handed down.

In Japan, a defendant has the right to appeal and the death penalty would not be carried out until the sentence becomes final and binding. We carefully take into account elements such as the absence of grounds for retrial, and only if these conditions are met, the order for execution will be placed. If we introduce a system of guaranteeing the suspension of the sentence for retrial, it will be inappropriate because as long as the inmate sentenced to death repeats the action for retrial, we will never be able to execute the sentence.

 

 

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