Sister’s Decades-Long Battle Secures Brother’s Acquittal After 56 Years on Death Row

In September, when Iwao Hakamata, recognized as the world’s longest-serving death row inmate, was declared innocent by a court, he appeared unable to grasp or appreciate the significance of the event. His 91-year-old sister, Hideko Hakamata, recounted to the BBC from her residence in Hamamatsu, Japan, “I told him he was acquitted, and he was silent.” She added, “I couldn’t tell whether he understood or not.” Hideko had continuously advocated for her brother’s retrial since his 1968 conviction for quadruple murder. Ultimately, in September 2024, at 88 years old, he received an acquittal, concluding Japan’s most protracted legal case. Mr. Hakamata’s situation is extraordinary. However, it also highlights the inherent harshness within Japan’s justice system, where individuals on death row receive execution notices merely hours beforehand and endure years of uncertainty regarding their impending fate. For an extended period, human rights specialists have denounced this practice as cruel and inhumane, asserting that it heightens the likelihood of prisoners developing severe mental health conditions. Furthermore, spending over half a lifetime in solitary confinement, awaiting execution for an offense he did not commit, profoundly affected Mr. Hakamata. Following his release from prison and the granting of a retrial in 2014, he has resided under the attentive supervision of Hideko. Upon our arrival at the apartment, he was engaged in his routine daily excursion with a volunteer organization that assists the elderly siblings. Hideko clarified that he exhibits anxiety when encountering unfamiliar individuals and has been living in “his own world” for many years. “Maybe it can’t be helped,” she stated. “This is what happens when you are locked up and crammed in a small prison cell for more than 40 years.” She added, “They made him live like an animal.” Iwao Hakamata, who was previously a professional boxer, was employed at a miso processing facility when the bodies of his employer, the employer’s spouse, and their two adolescent children were discovered. All four victims had succumbed to stab wounds. Authorities implicated Mr. Hakamata in the family’s murder, alleging he set fire to their Shizuoka residence and absconded with 200,000 yen (£199; $556) in currency. Hideko recalled the day in 1966 when police arrived to apprehend her brother, stating, “We had no idea what was going on.” The family residence, along with the homes of their two older sisters, was searched, and Mr. Hakamata was subsequently removed. Initially, he denied all accusations, but subsequently provided what he later characterized as a forced confession, obtained after daily interrogations and beatings that extended for as long as 12 hours. Mr. Hakamata was convicted of murder and arson and sentenced to death two years following his arrest. Hideko observed a change in his disposition after he was transferred to a death row cell. A specific prison visit remains particularly vivid. She recounted, “He told me, ‘there was an execution yesterday – it was a person in the next cell’.” She continued, “He told me to take care – and from then on, he completely changed mentally and became very quiet.” Mr. Hakamata’s experience of psychological harm on Japan’s death row is not unique, as prisoners there face each day without knowing if it will be their final one. Menda Sakae, who spent 34 years on death row before his exoneration, documented in a book about his ordeal that “Between 08:00 and 08:30 in the morning was the most critical time, because that was generally when prisoners were notified of their execution.” He further stated, “You begin to feel the most terrible anxiety, because you don’t know if they are going to stop in front of your cell. It is impossible to express how awful a feeling this was.” James Welsh, the principal author of a 2009 Amnesty International report examining death row conditions, observed that “the daily threat of imminent death is cruel, inhuman and degrading.” The report determined that prisoners faced a risk of “significant mental health issues.” Hideko witnessed her brother’s mental state decline progressively over the years. “Once he asked me ‘Do you know who I am?’ I said, ‘Yes, I do. You are Iwao Hakamata’. ‘No,’ he said, ‘you must be here to see a different person’. And he just went back [to his cell].” Hideko assumed the role of his main spokesperson and champion. Nevertheless, a significant development in his case did not occur until 2014. A crucial piece of evidence presented against Mr. Hakamata consisted of red-stained clothing discovered in a miso tank at his place of employment. These items were retrieved one year and two months subsequent to the murders, and the prosecution asserted they were his. However, for many years, Mr. Hakamata’s defense team contended that the DNA extracted from the garments did not correspond to his, and claimed the evidence had been fabricated. In 2014, they successfully convinced a judge to order his release from prison and authorize a retrial. Due to extensive legal processes, the retrial did not commence until last October. When it eventually started, Hideko was present in court, appealing for her brother’s life. The outcome of Mr. Hakamata’s case depended significantly on the stains, particularly their aging characteristics. The prosecution had maintained that the stains appeared reddish upon the clothes’ recovery, but the defense countered that blood would have darkened to a blackish hue after such a prolonged period submerged in miso. This argument proved sufficient to persuade presiding judge Koshi Kunii, who stated that “the investigating authority had added blood stains and hid the items in the miso tank well after the incident took place.” Judge Kunii additionally determined that other evidence, including an investigation record, had been fabricated, and subsequently pronounced Mr. Hakamata innocent. Hideko’s immediate response was to weep. She expressed, “When the judge said that the defendant is not guilty, I was elated; I was in tears.” She continued, “I am not a tearful person, but my tears just flowed without stopping for about an hour.” The court’s finding that evidence against Mr. Hakamata was manufactured prompts serious concerns. Japan maintains a 99% conviction rate and employs a system referred to as “hostage justice,” which, as described by Kanae Doi, Japan director at Human Rights Watch, “denies people arrested their rights to a presumption of innocence, a prompt and fair bail hearing, and access to counsel during questioning.” In 2023, Ms. Doi observed, “These abusive practices have resulted in lives and families being torn apart, as well as wrongful convictions.” David T. Johnson, a sociology professor at the University of Hawaii at Manoa, whose academic work centers on Japan’s criminal justice system, has monitored the Hakamata case for three decades. He indicated that a factor contributing to its protracted nature was that “critical evidence for the defence was not disclosed to them until around 2010.” Mr. Johnson informed the BBC that the oversight was “egregious and inexcusable.” He added, “Judges kept kicking the case down the road, as they frequently do in response to retrial petitions (because) they are busy, and the law allows them to do so.” Hideko asserts that the fundamental injustice stemmed from the coerced confession and the duress her brother endured. However, Mr. Johnson contends that wrongful accusations are not the result of an isolated error. Rather, they are exacerbated by deficiencies across all tiers, encompassing the police, prosecutors, courts, and parliament. He further remarked, “Judges have the last word.” He continued, “When a wrongful conviction occurs, it is, in the end, because they said so. All too often, the responsibility of judges for producing and maintaining wrongful convictions gets neglected, elided, and ignored.” Given these circumstances, Mr. Hakamata’s acquittal represented a pivotal moment – an uncommon instance of retroactive justice. Following the declaration of Mr. Hakamata’s innocence, the judge overseeing his retrial offered an apology to Hideko for the extensive time required to secure justice. Shortly thereafter, Takayoshi Tsuda, the chief of Shizuoka police, called at her residence and bowed before both the brother and sister. Mr. Tsuda stated, “For the past 58 years… we caused you indescribable anxiety and burden.” He added, “We are truly sorry.” Hideko provided an unanticipated response to the police chief. She declared, “We believe that everything that happened was our destiny.” She concluded, “We will not complain about anything now.” Following almost six decades of distress and sorrow, Hideko has arranged her home specifically to welcome more