Japanese court orders retrial on same-day execution notice for death row inmates

By Berk Kutay Gokmen

ISTANBUL (AA) – A Japanese court has ordered a retrial in a lawsuit filed by two death row inmates challenging the constitutionality of informing prisoners about their executions on the same day, NHK World Japan reported on Tuesday.

The Osaka High Court issued the order as death row inmates in Japan typically receive notice of their execution only one or two hours in advance, with authorities arguing that earlier notification could significantly affect their mental stability.

Both the state and the plaintiffs acknowledge that no specific laws regulate the timing of execution notifications.

The inmates contend that the current practice violates their constitutional rights by preventing them from filing legal complaints and breaching the Constitution’s provision that no criminal penalty shall be imposed without due process.

Last year, the Osaka District Court dismissed the case, stating that the constitutionality of execution procedures should be assessed in a criminal trial. The inmates subsequently appealed the decision to a higher court.

Presiding judge Kurono Yoshihisa of the Osaka High Court ruled on Monday that it is feasible to notify convicts earlier while still ensuring legal execution procedures.

He said that the Osaka District Court should reexamine the case to determine whether inmates have a legal obligation to accept execution notices given on the same day.