No. 1389 Act for Retrial Should be Urgently Revised
Fifty-eight years passed from the arrest up to the ruling of innocence: it is litigation of Mr. Hakamada Iwao who has been annoyed for such long time with false accusation. His case has clearly exposed ineptitude of the current retrial system. More and more people claim today for stipulation to establish a legal mechanism to protect innocent people. And so, it is high time to arrange laws by legislation led by lawmakers.
NOT THROUGH MINISTRY’ LEGISLATIVE COUNCIL BUT BY LEGISLATION LED BY DIET MEMBERS
It has taken Mr. Hakamada 43 years from the first request for retrial to acquittal. This case has shown problems of the existing retrial mechanism; a new trial to be held again from the beginning after a judicial decision becomes final and binding in the criminal case. Provisions on retrial must be amended urgently so that victims of false accusation may be protected. The New Socialist Party (NSP) earnestly requests legislation by way of lawmakers’ initiative during the current ordinary Diet session.
Prosecutors seek for solution through Ministry’s Legislative Council
Why should a revision be made by lawmakers’ leadership? It is because the Ministry of Justice and the Prosecutors’ office are reluctant to review the current structure in a drastic manner, insisting on a need of debates in the Legislative Council, a consultative body of Minister. It takes longer time when it involves. Furthermore, modifications may delay.
The Ministry of Justice has maintained in the Diet sessions that ‘there is no need to review the retrial system’, but now it has begun to say that the issue must be sent to the Council. It is because lately more people support the legal initiative of lawmakers.
The main pillars for revision lie in institutionalization of disclosure of all evidences in the court sessions and prohibition of prosecutors’ lodging a protest (appeal) against the decision of retrial. Both of the Nichibenren (the Japan Federation of Bar Associations) and a civic group, ‘Citizens’ Association to Seek for Revisions in Act for Retrial’ raise the points.
The alliance of bipartisan Diet members who support the law’s amendment counts over 360 lawmakers, which exceeds the majority of all the seats of the Lower and Upper Houses (713). That means legislation by lawmakers’ initiative can work in a short period, which is welcomed by the Nichibenren and the civic organization.
‘Five pieces of clothes’ disclosed
Concerning the retrial, the Code of Criminal Procedures provides, but it endorses only in the 19 articles and details for procedures are not stipulated. And therefore, practically, every judge takes his/her way in the proceedings.
A judge says that;
‘There are only a small number of relevant articles, and so, no clear guideline is found to proceed. Every judge is obliged to employ his/her way.’
Evidences which have rightly led to innocence of Mr. Hakamada were the colored photographs of five pieces of clothes. They had been rejected to be presented to the court sessions by the prosecutors, who had told that ‘disclosure of evidences hardly has a legal basis at the stage of petition for retrial’. But the Shizuoka District Court emphatically urged prosecutors to ‘make efforts to clear doubt of fabrication’. Thus, in 2010, the evidences were finally disclosed.
Elder sister Hideko’s appeal
Prior to the day of final acquittal of Mr. Hakamada, on September 26 last year, his elder sister Hideko made an appeal in the rally held in Tokyo: ‘my brother, Iwao, could survive, but he has not yet recovered from prison psychosis. He has endured 47-years-and-seven-months of detention. I wish his tenacity may lead to revision of the law.’
逮捕から無罪判決まで58年、袴田巌さんの冤罪事件は再審制度の不備を満天下にさらした。冤罪の被害者を救済する法制度の確立を求める世論が高まっている今、議員立法で進めるべきだ。
袴田さんの場合、最初の再審請求から無罪確定まで43年もかかっている。袴田事件は、確定した刑事裁判をやり直す再審制度の問題点を浮き彫りにした。冤罪被害者の救済には再審法の改正が急務であり、開会中の今国会で議員立法での改正を強く求める。
法制審求める検察
なぜ議員立法による改正か。踏み込んだ見直しには後ろ向きの法務・検察が、法相の諮問機関である法制審議会での議論が必要という姿勢だからだ。法制審に諮問すれば時間がかかるばかりか、改正のブレーキになりかねない。
法務省はこれまで国会答弁などで「見直す必要はない」としてきたが、法制審にかけるべきと言い始めたのは議員立法による改正機運が高まってきたからだ。
再審法改正の柱となるのは、再審請求審での全証拠の開示を制度化することや、再審開始決定に対する検察官の異議申し立て（抗告）の禁止などだ。日弁連や「再審法改正をめざす市民の会」も、これらを求めている。
そして、再審法改正を目指す超党派の国会議員連盟は３６０人を超え、衆参両院の全議員（７１３人）の過半数に上っており、議員立法での早期改正は可能で、日弁連や市民団体も働きかけを強めている。
「５点の衣類」開示
再審法は刑事訴訟法に19条しかなく、手続きの詳細はほとんど定められていない。そのため、裁判官によって審理の進め方はまちまちとなるのが実状という。
「条文が少ないのでどうやって進めればいいか指針が明確ではない。裁判官の考え方が出てしまうところはある」という裁判官のコメントもあった。
袴田さん無罪の決め手となった「５点の衣類」を巡るカラー写真などの証拠は、検察側が「再審請求段階での証拠開示は法的根拠が薄い」と難色を示したのを、静岡地裁が「捏造の疑いを晴らす努力をした方がいい」と促し、２０１０年にようやく開示された。
姉ひで子さん訴え
昨年９月26日の袴田さん無罪判決に先立って東京で開かれた集会で姉ひで子さんは、「巌は命を救われた。拘禁症は治っていないが、47年７カ月拘置所で巌は頑張った。その頑張りを再審法改正に」と訴えた。
英訳版↓
No. 1389 Act for Retrial Should be Urgently Revised
Fifty-eight years passed from the arrest up to the ruling of innocence: it is litigation of Mr. Hakamada Iwao who has been annoyed for such long time with false accusation. His case has clearly exposed ineptitude of the current retrial system. More and more people claim today for stipulation to establish a legal mechanism to protect innocent people. And so, it is high time to arrange laws by legislation led by lawmakers.
NOT THROUGH MINISTRY’ LEGISLATIVE COUNCIL BUT BY LEGISLATION LED BY DIET MEMBERS
It has taken Mr. Hakamada 43 years from the first request for retrial to acquittal. This case has shown problems of the existing retrial mechanism; a new trial to be held again from the beginning after a judicial decision becomes final and binding in the criminal case. Provisions on retrial must be amended urgently so that victims of false accusation may be protected. The New Socialist Party (NSP) earnestly requests legislation by way of lawmakers’ initiative during the current ordinary Diet session.
Prosecutors seek for solution through Ministry’s Legislative Council
Why should a revision be made by lawmakers’ leadership? It is because the Ministry of Justice and the Prosecutors’ office are reluctant to review the current structure in a drastic manner, insisting on a need of debates in the Legislative Council, a consultative body of Minister. It takes longer time when it involves. Furthermore, modifications may delay.
The Ministry of Justice has maintained in the Diet sessions that ‘there is no need to review the retrial system’, but now it has begun to say that the issue must be sent to the Council. It is because lately more people support the legal initiative of lawmakers.
The main pillars for revision lie in institutionalization of disclosure of all evidences in the court sessions and prohibition of prosecutors’ lodging a protest (appeal) against the decision of retrial. Both of the Nichibenren (the Japan Federation of Bar Associations) and a civic group, ‘Citizens’ Association to Seek for Revisions in Act for Retrial’ raise the points.
The alliance of bipartisan Diet members who support the law’s amendment counts over 360 lawmakers, which exceeds the majority of all the seats of the Lower and Upper Houses (713). That means legislation by lawmakers’ initiative can work in a short period, which is welcomed by the Nichibenren and the civic organization.
‘Five pieces of clothes’ disclosed
Concerning the retrial, the Code of Criminal Procedures provides, but it endorses only in the 19 articles and details for procedures are not stipulated. And therefore, practically, every judge takes his/her way in the proceedings.
A judge says that;
‘There are only a small number of relevant articles, and so, no clear guideline is found to proceed. Every judge is obliged to employ his/her way.’
Evidences which have rightly led to innocence of Mr. Hakamada were the colored photographs of five pieces of clothes. They had been rejected to be presented to the court sessions by the prosecutors, who had told that ‘disclosure of evidences hardly has a legal basis at the stage of petition for retrial’. But the Shizuoka District Court emphatically urged prosecutors to ‘make efforts to clear doubt of fabrication’. Thus, in 2010, the evidences were finally disclosed.
Elder sister Hideko’s appeal
Prior to the day of final acquittal of Mr. Hakamada, on September 26 last year, his elder sister Hideko made an appeal in the rally held in Tokyo: ‘my brother, Iwao, could survive, but he has not yet recovered from prison psychosis. He has endured 47-years-and-seven-months of detention. I wish his tenacity may lead to revision of the law.’
February 5, 2024