Oct. 6



JAPAN:

Death Penalty and the Media


When I tell people that 10 years ago the death penalty in Japan was
re-instated, most people probably would respond, "What? Haven't we been
applying the death penalty all this time?"

The United Nations General Assembly passed the "International Agreement to
Abolish the Death Penalty" resolution in December, 1989. Because of such
world-wide social pressure, Japan had already suspended the death penalty
in November of that year. On February 26, 1993, however, three people were
executed under orders of Gotoda Masaharu, the Minister of Justice. This
was only three years and four months after suspension of the death penalty
in Japan. Since then, in the last 10 years, the Ministry of Justice has
applied the death penalty almost once every 6 months.

In contrast to Japan, the movement to abolish the death penalty has never
stopped in the rest of the world. According to a survey taken by Amnesty
Japan, as of January 1, 2003, the number of nations that have abolished
the death penalty is 112, and the number of nations still practicing it is
83. Among the developed nations, though, only Japan and the United States
still have the death penalty.

When the death penalty was first carried out again in 1993, the Yomiuri
Newspaper reported this news on the front page of its morning edition.
There was also extensive TV coverage in the morning news. By evening, many
other newspapers also picked up the story.

For a while -- right after this happened -- the media immediately covered
all executions, and brought up discussions about the death penalty
whenever an execution took place. However, in the last several years, such
news has become daily fare, and the public's interest has been
languishing. Now, newspapers just report announcements or summarize what
happened in just a few lines. When an execution took place this past
September, just one year after the previous one, this also received little
notice.

However, in contrast to the attitude toward actual executions, the trials
and court decisions involving the death penalty are still closely watched.
11 people were given death sentences in 2000, 9 in 2001, 15 in 2002, and
12 as of September, 2003 [Cited in 'Forum 90: Requesting Ratification of
the International Agreement to Abolish the Death Penalty' (Shikei Haishi
Kokusai Joyaku no Hijun o Motomeru Foramu 90)]. Each time a death sentence
was levied, the media heavily reported on the "feelings of the victim,"
and readers often felt that "The death penalty is fair, because the
criminal committed murder." The news media contributes to this feeling of
retributive punishment that the general public shares with the victims'
families.

An issue to consider, however, is that the media leads the charge of this
public cry for retribution even in cases where the convicted were actually
innocent. For example, in the 'Muscle Relaxants Injection Case' (Kinshi
Kanzai Jiken), after the Sendai District Court sentenced the defendant to
life imprisonment on November 28, 2003, newspaper headlines reported such
things as "Victims' Families Seek the Death Penalty." The next day on
November 29th, the Asahi Newspaper interviewed the mother of one of the
victims -- a little girl who was almost killed -- and declared that
failure to apply the death penalty was unfair to the victims' families.
The media leads the public in clamoring for the death penalty, even if the
accused insists on his or her innocence.

There were actually four people in Japan who escaped their death sentences
from the Supreme Court when new evidence was found that proved their
innocence. Menda Sakae (of the Menda Case) and Akabori Masao (of the
Shimada Case) were 2 of the 4. On November 14, 2003, they attended the
meeting of Citizens to Abolish the Death Penalty sponsored by Amnesty
Japan and others held in eastern Kyoto and attended by almost 160 people.

Mr. Menda, who was haunted by a nagging "fear of execution" for 32 years
ever since he was first convicted, told people that, "Almost 70 judges had
heard my case, but only 2 judges saw the truth of the matter. I also
witnessed seventy people being executed while I was in prison. Among them,
some had insisted on their innocence, like me." Mr. Akabori, who was in
prison for 35 years after he was forced to sign a confession by police,
also appealed to the public: "Many people died in prison or are executed,
even if they insist on their innocence. Please abolish the death penalty."

Some victims' families also attended this meeting. Harada Masaharu, whose
younger brother was killed twenty years ago, traveled from Aichi
Prefecture to participate. Mr. Harada told the audience that after he
visited his brother's assailant in prison and received a personal apology
from him, he felt "something was healing in me." Mr. Harada then requested
that the Ministry of Justice suspend this execution because he wished to
continue meeting with his brother's murderer. However, several months
after his request, this death-row inmate was executed anyway. Mr. Harada
said, "I have felt no comfort in his execution. I wish people would also
value the rights of the victims' families to resolve their feeling by
talking with the assailants." At this meeting, I learned that victims'
families also have such feelings, besides those of retributive punishment.

Lately, the movement to abolish the death penalty has spread to many Asian
countries. Some leaders, such as those from South Korea and Taiwan,
traveled from abroad to attend this meeting and share the situations in
their countries. According to them, since the start of Kim Dae Jung's
administration in 1998, there have been no executions in South Korea.
Furthermore in 2001, a proposal to completely abolish the death penalty
was introduced to the Diet, and is currently under consideration to become
national law. In Taiwan, in May of 2003 the government proposed a set of
"Basic Human Rights" which included abolishing the death penalty. This
proposal is going to be submitted to the legislature in the very near
future.

At this meeting we also learned of various local movements in Japan. We
also saw pictures of the execution grounds at Tokyo Prison, and watched a
video of a death sentence being carried out in Osaka Prison. I learned
much from this 6-hour conference.

I was, however, very disappointed the following day. Only the Asahi
Newspaper reported on the meeting. Even the Asahi, however, treated this
as rather trivial news (only some forty lines and a secondary headline).
Various people in the mass media said that the reason for this quiet
treatment was to protect the right to privacy for victims but I think that
this also ignores the right of the public to be informed about the death
penalty.

Many people are being led astray -- thinking that having a feeling of
retributive punishment is justified -- without knowing the actual facts
and issues concerning the death penalty. I think one of the reasons why
Japan is far behind the rest of the world in abolishing the death penalty
is because of the way the media spins the news.

(source: Yamaguchi Masanori is the Supervisor, Liaison Committee on Human
Rights and the Conduct of the Mass Media and a Yomiuri Newspaper reporter;
Nobuko Adachi is a visiting assistant professor of Anthropology at
Illinois State University and co-editor of Pan-Japan: The International
Journal of the Japanese Diaspora. Her research interests and publications
include Japanese immigration, linguistics, ethnohistory, ethnic identity,
transnationalism, and cultural and human globalization----ZNet-Japan)






GLOBAL (in CANADA):

Death penalty slammed at Montreal conference


In MOntreal, delegates to an international conference against the death
penalty have been told that even Osama bin Laden should be protected from
execution.

**

Capital punishment

More than 1,100 people were executed in 2003 around the world

84% of the deaths were carried out in four countries: the US, Iran, China
and Vietnam

66 countries still apply the death penalty

**

Hundreds of activists from around the world are in Montreal for the 4-day
World Congress Against the Death Penalty.

Several speakers say that executing terrorists would make them martyrs and
that's what many of them live for.

Amnesty International opposed the execution of Oklahoma City bomber
Timothy McVeigh.

Bud Welsh, who lost his daughter in the Oklahoma City bombing on April 19,
1995, is opposed to the death penalty.

He testified at co-bomber Terry Nichols' sentencing hearing, trying to
convince the state not to put Nichols to death.

"Maybe it doesn't resonate with you so much until you've had a loss like
that. Then you understand what killing is all about. That's why it really
registered with me... it's vengeance. It's hate," Welsh says.

Welsh says international political pressure could help his country abolish
the death penalty.

Conference organizers say they chose Montreal because Canada has rejected
the death penalty while its neighbour, the United States, has not.

Some Americans speaking at the conference say it's time for the US to
change that.

The head of Amnesty International, Irne Khan, says that will be difficult
in the atmosphere of heightened security in the wake of Sept. 11.

"There is a risk that the death penalty could be used more frequently, or
those who now have a moratorium in practice might go back to applying it,"
Khan says.

The conference will conclude Saturday with a march through downtown
Montreal.

(source: CBC News)


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