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The death penalty in Japan.A very short bibliography.

November 30, 2009

 

Suggestions welcomed

giusticlaudio@aliceposta.it

 

 

Amnesty International

ASA 22/005/2009 Japan: Hanging by a thread: Mental health and the death penalty in Japan

http://www.amnesty.org/en/news-and-updates/report/japan-continues-execute-mentally-ill-prisoners-20090910

 

ASA 22/006/2006 Japan: “Will This Day Be My Last?” The Death Penalty In Japan

http://web.amnesty.org/library/Index/ENGASA220062006?open&of=ENG-392
ACT 60/016/2005 Urgent Action in Focus: August 2005: Japan – a long way to go

http://www.amnesty.org/en/library/info/ACT60/016/2005

 

ASA 22/001/1997 Japan: The Death Penalty: Summary Of Concerns

http://web.amnesty.org/library/Index/engASA220011997

 

ASA 22/03/1995 Japan: The Death Penalty: A Cruel, Inhuman and Arbitrary Punishment

http://www.unhcr.org/refworld/type,COUNTRYREP,AMNESTY,JPN,3ae6a9dd4,0.html

 

AI Asia Pacific

http://asiapacific.amnesty.org/apro/aproweb.nsf/pages/index

 

 

 

Federation Internationale des Droit de l’Homme

FIDH 2008 Japon : La Loi du Silence

http://www.fidh.org/IMG/pdf/Japon505f_6.10.2008.pdf

Japan: The Law of Silence

http://www.fidh.org/IMG/pdf/japon505a2008.pdf

 

FIDH 2003 La Peine de Mort au Japon

http://www.fidh.org/IMG/pdf/jp359f.pdf

The Death Penalty in Japan

http://www.fidh.org/IMG/pdf/jp359a.pdf

Edition in Japanese language 

http://www.fidh.org/IMG/pdf/jp359j.pdf

 

 

 

Hidden death penalty in Japan

http://www.jca.apc.org/stop-shikei/epamph/dpinjapan_e.html

 

On Death Row in Japan By Charles Lane

http://www.hoover.org/publications/policyreview/2931521.html

 

Dead Men Walking: Japan’s Death Penalty

http://japanfocus.org/_David_McNeill___C_M__Mason-Dead_Men_Walking__Japan_s_Death_Penalty

 

Why Japan Still Has the Death Penalty, By Charles Lane, WaPo January 16, 2005

http://www.washingtonpost.com/wp-dyn/articles/A11306-2005Jan15.html

 

La peine de mort au Japon.  2° Congres Mondial contre la PdM,  Montréal 2004

http://www.abolition.fr/Upload/documents//karimraissi.pdf

 

David T. Johnson and Franklin E. Zimring

Death Penalty Lessons from Asia

http://www.japanfocus.org/-David_T_-Johnson/3228

 

David T. Johnson

Japan’s Secretive Death Penalty Policy.

http://www.hawaii.edu/aplpj/articles/APLPJ_07.2_johnson.pdf

 

 

 

Books of interest

 

David T. Johnson & Franklin E. Zimring

The Next Frontier: National Development, Political Change, and the Death Penalty in Asia

New York. Oxford UP. 2009

 

Hood Roger & Hoyle Caroline
The Death Penalty. A Worldwide Perspective. Fourth Edition, Revised and Expanded.

New York. Oxford UP. 2008

 

 

In Italian

Amnesty International e Forum 90

La pena di morte: una realtà nascosta

http://www.santegidio.org/pdm/news2004/japan_bm.htm

 

 

The Yomiuri Shimbun, in 2008 and 2009, published many articles in English about the death penalty

(UNMASKING CAPITAL PUNISHMENT), but they are un-catchable.

 

 

 

Dott. Claudio Giusti

Via Don Minzoni 40, 47100 Forlì, Italia
Tel.  39/0543/401562     39/340/4872522
e-mail  giusticlaudio@aliceposta.it

Member of the Scientific Committee of Osservatorio sulla Legalità e i Diritti, Claudio Giusti had the privilege and the honour to participate in the first congress of the Italian Section of Amnesty International: later he was one of the founders of the World Coalition Against The Death Penalty.

 

 

Advertisements

Amnesty International has announced the conferment gift of “Ambassador of the coscience” for year 2009 to Aung San Suu Kyi.
The announcement has been given during ceremony yesterday in Dublin, at che presence of Irish rock group U2.
U2 are supporters to long time of the burman opposite leader.
This month fall the 20th anniversary of arrest of Auung San Suu Kyi.

BAGHDAD, May 28 (UPI) — About 30 people have been killed in Iraq in the past three months because they were homosexual or believed to be gay, a U.N. agency says.

The United Nations Office for the Coordination of Human Rights made its estimate after several men were killed in Baghdad and two others survived torture and mutilation, ABC News reports. Amnesty International wrote Prime Minister Nouri al-Maliki asking him to take “urgent and concerted action” to protect homosexuals from violence.

A government source said Asaieb al-Haq, a little-known Shiite militia that appeared after the Mahdi Army declared a cease-fire, issued a call to kill homosexuals. At least six men were killed in the next 10 days, two of them in Sadr City, the Shiite area in Baghdad dominated by the Mahdi Army.

But an Army officer, who did not want to be identified, suggested the deaths were the work of tribal vigilantes.

“Two young men were killed Thursday. They were sexual deviants,” he said. “Their tribes killed them to restore their family honor.”

http://www.upi.com/Top_News/2009/05/28/Gay-killings-on-rise-in-Iraq/UPI-51651243540234/

Once Upon a Time there was the theory of the deterrence of the death penalty.
This theory was easy to understand: “the more the State kills, the less there are homidices”, but it was a hoax.

Americans belive in death penalty even if in the Thirties, when executions were common, the homicide rate was very hight and in Forties and Fifties both executions and murders fall. They take for granted that the grow of homicides in the Sixties was linked to the suspension of executions (1967-1977) and forget that America was without capital punishment for a very short time after Furman. According to the hangmanfriends any drop in the homicide rate is the benefit of the soar of executions and they do not notice that both rise from 1984 to 1991.

Anyway.
Their mantra is that each execution saves 18 innocent lives (someone offers even more) and from 1991 to 1999 this seemed to happen: with more and more executions and less and less murders. The triumph of the executioner was 1999 with 98 executions, 300 death sentences and the lowest homicide rate in decades: 5,7.
So, they all lived happily ever after?
Not exactly.

Executioners’ triumphalism ends the following year.
Their bombastic confidence suddenly disappeared as the supposed deterrent effect of the death penalty vanished. Since 2000 we saw a breakneck drop both in sentences as well as executions and, in the same time, we assisted to a remarkable stability in the homicide rate. Death sentences are now a little more than one hundred per year and executions were only 53 in 2006, 42 in 2007 and a mere 37 in 2008. On the other side the homicide rate looks nailed between 5,5 and 5,7.

This can be explained in two ways: prospective murderers do not know that the probability to be condemned to death is even rarer than before, or the whole theory of the deterrence of capital punishment is an enormous bullshit.
I am inclined to the second explanation.

Americans hangmanfriends are very insular and do not like to get a look abroad: not even north of the border. It’s a pity because they could learn a lot.
In 2002 Americans were very happy because they had only 16.638 criminal homicides. They were right because, from 1984 to 1993, criminal homicides were 22.000 per year and 25.000 in 1991. Au contraire, in the same 2002, in Italy we were very afraid because, with a population that is grosso modo one fifth of the American one, we had 638 homicides. We were very concerned about it, even if those 638 were less than one third the 2.000 homicides we had in 1991. Americans love to think the drop in homicides is a benefit of the death penalty. We cannot agree because we are a death penalty free country. (In Europe this punishment is strictly forbidden and the majority of the world is abolitionist).
Actually Italy ended capital punishment in 1877 and had it again only under fascism. In those sad years the homicide rate was five times bigger that we have now, and, in the twenty years following the definitive end of the death penalty (1948-1968), the homicide rate dropped from 5 to 1,4.
Something very similar happened in Canada in the years that followed the end of capital punishment in 1976. Since then its homicide rate fell down constantly.
Curiously in the same July 1976 the US Supreme Court gave green light to the “new and improved” American death penalty and, with the shooting of Gary Gilmore (17th January 1977), the hangman was back in business and the experiment begun. Now, after more than 1.100 human sacrifices, we can say with Justice Blackmun: “the death penalty experiment has failed”.

Americans can see that capital punishment is not a deterrent even in their own country, where 15 jurisdictions are abolitionist (Michigan since 1837). A long time ago Thorsten Sellin observed that: “the states with executions chambers had rate or murder that were significantly higher than states that did not execute murders”. Possibly this is a consequence of the wild examples of brutality executions give, because: “ Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.” (Justice Brandeis, dissenting in Olmstead).

Of course this does not satisfy hangmanfriends, so John Lott writes:
“This simple comparison really doesn’t prove anything. The 12 states without the death penalty have long enjoyed relatively low murder rates due to factors unrelated to capital punishment.”
And wins the 2008 chutzpah prize.
Claudio Giusti
P.S.
Please, excuse my very bad English

Dott. Claudio Giusti
Via Don Minzoni 40, 47100 Forlì, Italia
Tel. 39/0543/401562 39/340/4872522
e-mail giusticlaudio@aliceposta.it
Member of the Scientific Committee of Osservatorio sulla Legalità e i Diritti, Claudio Giusti had the privilege and the honour to participate in the first congress of the Italian Section of Amnesty International: later he was one of the founders of the World Coalition Against The Death Penalty.

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