Iwao Hakamada, a man widely believed to be the world\u2019s longest serving death row inmate, may have been serving time for nothing at all.\u00a0 On March 27, 2014, the Shizouka District Court in Japan suspended his sentence because new evidence suggests that he was wrongfully convicted. \u00a0Mr. Hakamada was sentenced to death in 1968 for murder, but new DNA evidence points to his innocence, leading many to believe that his original conviction was based on falsified evidence.\u00a0 The Court released Hakamada from the Tokyo Detention House after his petition for a retrial was granted.\u00a0 To date, Hakamda has served nearly 50 years on death row; 30 of those years were spent in solitary confinement.\u00a0 Hakamada is not the first person in Japan to be wrongfully convicted, but his case exemplifies the abhorrent consequences of the violations to the right to a fair trial.<\/p>\n
Hakamada\u2019s retrial represents the 6th time since 1945 that the courts in Japan have granted a retrial in a death penalty case. Incidences of wrongful convictions are being uncovered more frequently in Japan.\u00a0 This may be on account of pretrial detentions in police custody, the daiyo kangoku system, which can lead to lengthy interrogations.\u00a0 The United Nations Committee Against Torture has expressed concern about the system, stating that the lack of effective monitoring and reported abuse raised concerns about human rights violations.\u00a0 Indeed, physical and psychological torture during interrogations \u00a0is a significant source of false confessions.\u00a0 Iwao Hakamada\u2019s interrogation lasted for 20 days, and although he confessed during the interrogation, he ultimately claimed he was innocent at trial. About half of the people on death row in Japan claim they are not guilty of all or part of the charges for which they have been convicted.<\/p>\n
If exonerated, Hakamada has a right to compensation under Japanese and international law.\u00a0 Article 14 of the International Covenant on Civil and Political Rights protects the right to compensation, which can be satisfied in several ways.\u00a0 Conferring discretion to a judicial body to determine compensation is the means that Japan has chosen to fulfill its obligations under the ICCPR.\u00a0 Article 40 of the Japanese Constitution stipulates that courts will decide the amount of compensation as provided by law.\u00a0 The Criminal Compensation Act further provides that the amount of compensation shall be determined after considering the length of detention, mental and physical loss suffered, and negligence by the police and prosecutors.<\/p>\n