Japan could see lull in death penalty executions under new Cabinet

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TOKYO, Sept. 21 Kyodo -
With the inauguration of the Democratic Party of Japan-led government, there
could be a lull in executions of death-row inmates at least for the time being
in Japan, which in recent years has accelerated hangings under Liberal
Democratic Party-led governments.
Political commentators say that one notable factor is the appointment of Keiko
Chiba as justice minister, who has the final say in authorizing executions.
Chiba, a member of the House of Councillors, has adopted a position against
capital punishment and belongs to the nonpartisan Parliamentary League for the
Abolition of the Death Penalty.
Any move toward executions could also trigger resistance from within Prime
Minister Yukio Hatoyama's Cabinet, as it also includes Shizuka Kamei, leader of
the People's New Party, who leads the parliamentary league, and Mizuho
Fukushima, leader of the Social Democratic Party who is staunchly opposed to
the death penalty.
After the Cabinet was launched on Wednesday, Chiba told her inaugural news
conference that it is her ''personal feeling that it would be good'' if a move
toward abolition of or a moratorium on the death penalty is taken.
But she also added, ''The fact remains that a justice minister is tasked with
professional duties under the law. I am fully aware (a justice minister) is
obliged institutionally to deal with executions.''
Toyo Atsumi, a professor in criminal procedure at Kyoto Sangyo University's law
school, said, ''If (a minister) avoids executions when the institution of
execution exists, there will not be a 'rule of law.' I am sure Justice Minister
Chiba is fully aware of it and if executions are to be done away with, it must
be after (relevant) law revisions have been made.''
Nobuto Hosaka, secretary general of the parliamentary league against the death
penalty, expressed hopes about the new justice minister. ''I would think she
will probably institute a moratorium. No doubt a brake will be put on
executions,'' he said.
A Justice Ministry official said, ''For the time being, various matters will
come under review and a judgment will probably be made after fully considering
the circumstances.''
The Code of Criminal Procedure provides that the justice minister order an
execution within six months if the death penalty is finalized. Not all
ministers, however, have signed execution orders.
Japan saw a lull in executions for three years and four months from November
1989. This period included Megumu Sato as justice minister from 1990 to 1991. A
Buddhist monk, Sato refused to sign execution orders, citing his faith.
Masaharu Gotoda put an end to the lull in March 1993. Since then almost all
justice ministers except for those given brief stints have since ordered
executions. A notable exception was Seiken Sugiura, who assumed the justice
minister's post in October 2005.
At his inaugural press conference, Sugiura openly said he would not sign an
execution order on religious and philosophical grounds but he withdrew the
statement only one hour later. During his nearly one year tenure, however, he
never signed an order.
Since then, the number of people on death row has increased to around 100 and
executions have also been on the rise. Among recent justice ministers, Kunio
Hatoyama signed orders for 13 and his predecessor Jinen Nagano for 10.
==Kyodo