The Olen Letter from AI to the Japanese Government


ITG ASA 22/05.98
JAPAN

Open letter to Prime Minister Obuchi Keizo following three executions

23 November 1998

Dear Prime Minister Obuchi

I am writing to express Amnesty International's deep concern and disappointment following the executions carried out on 19 November, just three weeks after the UN Human Rights Committee (HRC) recommended that Japan take steps to abolish the death penalty. The timing of theexecutions appears to send a message that the Japanese government is unwilling to accept international criticism of its human rights record and carry out reforms. As a major power in the Asia Pacific Region, Japan should be taking a lead in protecting human rights rather than persisting with practices that constitute serious violations of international human rights standards.

The three men executed were Tsuda Akira, 59, who had spent 7 years under sentence of death, Ida Masamichi, 56, who had spent 11 years under sentence of death, and Nishio Tatsuaki, who had spent 9 years under sentence of death. To Amnesty International's knowledge, none of their families or lawyers were given advance warning of the executions and the individuals themselves were only made aware of the fact a few hours before they were executed. Amnesty International is also concerned that your government has once again decided to carry out executions during a period of parliamentary recess and at a time when the media are likely to be focussing on other major events (in this case, US President Bill Clinton's visit). This appears to signify a deliberate attempt to avoid parliamentary accountability and escape public criticism.
Following its review of Japan's 4th Periodic Report under the ICCPR last month, the HRC made important recommendations concerning the death penalty. It registered "grave concern" that the number of crimes punishable by the death penalty had not been reduced. It also called on Japan to take measures towards the abolition of the death penalty and to ensure that, in the meantime, the death penalty is limited to the most serious crimes. We strongly urge you and your government to implement these recommendations incompliance with your obligations under the ICCPR.
The three men executed yesterday had spent several years detained in conditions amounting to cruel and inhuman treatment. Death penalty prisoners in Japan continue to be held in strict solitary confinement with almost no contact with the outside world. They are generally prevented from meeting and talking to other prisoners, from receiving visits or letters from friends and supporters, and even from engaging in conversation with prison guards. Such conditions of detention facilitate acts of ill-treatment by prison guards and often cause prisoners severe stress and psychological problems.
In its recommendations following the examination of Japan's report, the HRC stated that undue restrictions on visits and correspondence and the failure of notifications of executions to the family and lawyers of the prisoners are incompatible with the International Covenant on Civil and Political Rights (ICCPR). It called on the Japanese government to make conditions of detention on death row more humane in accordance with the ICCPR. Amnesty International has also urged the Japanese government to reform conditions of detention on death row, pending abolition of the death penalty.
A few weeks ago, your Minister of Justice, Mr Nakamura Shozaburo made a public statement stressing Japan's sovereignty and reiterating that the death penalty would not be abolished despite the HRC's recommendations. However, having ratified the ICCPR in 1979, Japan is obligated to fulfil its international commitments under that treaty - state sovereignty must not be used as an excuse for a failure to make reforms. Human rights are alegitimate concern of the international community. This has been reinforced again and again by UN conferences and official documents including theVienna Declaration and Programme of Action of 1993. In his address to the HRC last month, the Japanese Ambassador to the United Nations in Geneva, Mr. Akao Nobutoshi, gave a ringing endorsement of the protection and promotion of human rights and the importance which the government attaches to the anniversary of the Universal Declaration of Human Rights. This anniversary will be marked with celebrations around the world in just a few weeks time. We urge the Japanese government to take advantage of this important occasion to declare its unswerving support for international human rights standards and to institute the necessary reforms, including the abolition of the death penalty.

Yours sincerely

Pierre Sane
Secretary Genera