URGENT ACTION APPEAL


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14 June 2004
UA 199/04   Fear of imminent execution

JAPAN

HAMADA Takeshige (m), born 1927
NATA Kousaku (m), born 1950
MAKINO Tadashi (m), born 1950
IKEMOTO Noboru (m), born 1933
MATSUBARA Masahiki (m), born 1944
Over 50 other death row prisoners, names not known

The five men named above, who are on death row in
Fukuoka and Osaka, have had their appeals for retrial
rejected, and are likely to face execution before the end of
June. All were convicted of murder between 1982 and 1990.
A further 50 prisoners have had their death sentences
finalized, and could be executed at any time.

The authorities often schedule executions to coincide with
parliamentary recesses or elections, or public holidays, to
minimize public and parliamentary criticism. The Diet
(parliament) will begin its summer recess on 17 June. The
Minister of Justice, Nozawa Daizo, is reportedly not standing
for re-election, and is therefore likely to resign shortly before
the 11 July elections to the House of Councilors (Upper
House). He has recently expressed concern about a
breakdown in public order in Japan, and cited public opinion
in its favor as a factor making it difficult to abolish the death
penalty in Japan. There is concern that he could sign
execution orders before he resigns, as he has not ordered any
executions since he was appointed on 22 September 2003.
The last execution in Japan took place on 12 September 2003,
days before the former Minister of Justice was replaced: a 42-
year-old mentally ill man, Mukai Shinji, was put to death.

BACKGROUND INFORMATION
A delegation from Amnesty International Japan, and some
members of the Diet who are opposed to the death penalty,
met the Minister of Justice in late May 2004. The Minister
said that it was difficult to abolish the death penalty, on the
grounds that the situation of public order in Japan is growing
worse and the majority of the Japanese people are in favor of
the death penalty. However, this claim is based on
government surveys that contain questions loaded in favor of
the death penalty. More importantly, there was neither
significant opposition nor any sign of an increase in crime in
Japan during the de facto moratorium on executions between
1989 and 1993.

The application of the death penalty in Japan is arbitrary and
cruel. Executions, by hanging, are carried out without the
knowledge of families or lawyers, and apparently in an
arbitrary manner: they are scheduled so as to prevent
parliamentary or media scrutiny by coinciding with
parliamentary recesses in summer and winter, or national
holidays. Usually the Minister of Justice signs the execution
order on a Monday and the executions are carried out on the
following Thursday or Friday.

Amnesty International opposes the death penalty in all cases.
The death penalty constitutes a violation of right to life and is
the ultimate form of cruel, inhuman and degrading
punishment.

RECOMMENDED ACTION: Please send appeals to
arrive as quickly as possible:
- expressing concern that the five men named above, and
over 50 other death row prisoners, are at risk of imminent
execution;
- urging the Japanese government to ensure that no
executions are carried out during the parliamentary recess;
- calling for an immediate moratorium on all executions
pending the abolition of the death penalty in Japanese law;
- calling on the Japanese government to ratify the Second
Optional Protocol of the International Covenant on Civil and
Political Rights, which aims at the abolition of the death
penalty, which is the ultimate form of cruel and inhuman
punishment.


APPEALS TO:
Prime Minister KOIZUMI Junichiro
Prime Minister's Office
2-3-1 Nagata-cho, Chiyoda-ku
Tokyo 100-0014, Japan
Fax:        011 81 3 3581 3883
E-mail:     [email protected] OR  through the
following URL:
http://www.iijnet.or.jp/sorifu/kantei/for
eign/comment.html
Salutation:       Dear Prime Minister

Minister NOZAWA Daizo
Minister of Justice,
Ministry of Justice
1-1-1 Kasumigaseki, Chiyoda-ku
Tokyo 100-8977, Japan
Fax:  011 81 3 3592 7088
011 81 3 5511 7200 (via Public Information
& Foreign Liaison Office)
E-mail:           [email protected]
Salutation:       Dear Minister


COPIES TO:
National newspaper:
Asahi Shimbun
5-3-2 Tsukiji, Chuo-ku,
Tokyo 104-8011, Japan
Fax:        011  81 3 3545 0285/3593 0438
Email:      [email protected]

English-language newspaper:
Japan Times
5-4 Shibaura 4-chome, Minato-ku, Tokyo 108-0023, Japan
Central P.O. Box 144, 352, Tokyo 100-8691, Japan
E-mail:     [email protected]

National newspaper:
Yomiuri Shimbun
1-7-1 Ohtemachi, Chiyoda-ku,
Tokyo 100-0004, Japan
Fax:        011 81 3 3245 1277
011 81 3 3581 0434
011 81 3 3279 6324
011 81 3 3217 8247 (newsroom)
Email:      [email protected]
[email protected] (newsroom)

Ambassador Ryozo Kato
Embassy of Japan
2520 Massachusetts Ave. NW
Washington DC 20008
Fax: 1 202 328 2187
Email:[email protected]


Please send appeals immediately. Check with the
Colorado office between 9:00 am and 6:00 pm, Mountain
Time, weekdays only, if sending appeals after 26 June
2004.


Amnesty International is a worldwide grassroots
movement that promotes and defends human rights.

This Urgent Action may be reposted if kept
intact, including contact information and stop
action date (if applicable). Thank you for your
help with this appeal.

Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: [email protected]
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax:     303 258 7881

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END OF URGENT ACTION APPEAL
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