OSAKA, Jan 18 (News On Japan) - Three death row inmates have lost a lawsuit seeking to stop executions by hanging, after the Osaka District Court ruled that their claims could not be pursued through an administrative case and that the current method does not violate the Constitution.
The inmates, who are being held in Osaka, argued that hanging is a cruel and inhumane form of punishment and violates constitutional protections, including Article 36, which prohibits cruel punishments. They asked the government to halt their executions and sought compensation, including a total of 33 million yen in damages.
The government had countered that the legality of execution procedures should not be examined through an administrative lawsuit, insisting such matters must be addressed through procedures set out under the Code of Criminal Procedure.
In its ruling on January 18th, Presiding Judge Yokota said the inmates’ claims conflicted with final and binding death sentences issued through criminal trials, meaning an administrative lawsuit could not be brought. The court also noted that past judicial precedents have maintained that execution by hanging does not violate Article 36 or other constitutional provisions, and that those precedents remain unchanged.
Defense lawyers said they plan to appeal, criticizing the decision as one that effectively abandons the responsibility of the administrative judiciary, and said they intend to clarify new factual issues through the appellate process.
Source: Television OSAKA NEWS
