Japanese Experts Issue Joint Statement on Wrongful Convictions

Japan’s Retrial System Reform Faces Backlash from Experts and Ruling Party

Japan’s efforts to reform its retrial system have hit a significant wall of opposition. On Monday, April 6, 2026, a coalition of 142 criminal law researchers and wrongful conviction experts issued a joint statement condemning a government council’s proposal, labeling it as containing “serious problems.” The controversy centers on the balance between prosecutorial power and the rights of those seeking to overturn wrongful convictions.

The Legislative Council’s Controversial Proposal

The Legislative Council, which serves as an advisory body to the justice minister, recently provided a report outlining proposed changes to the Code of Criminal Procedure. The council’s recommendations include:

• Limited Evidence Disclosure: Restricting the scope of evidence held by investigative agencies that must be disclosed during retrial requests.
• Maintaining Prosecutor Appeals: Allowing public prosecutors to continue filing appeals against court decisions that grant retrials.
• Disclosure Penalties: The introduction of penalties for those who share disclosed evidence with supporters or news organizations.

Experts Demand Broader Access and Faster Relief

The group of 142 experts argues that the government’s approach is fundamentally flawed. In their joint statement, they emphasized that the mechanism for presenting evidence to applicants and their lawyers should be expanded and the scope of disclosure orders should be interpreted broadly.

A primary point of contention is the prosecutor’s right to appeal. Experts assert that banning these appeals is the only way to ensure the swift finalization of retrial judgments. Professor Hiroyuki Kuzuno of Aoyama Gakuin University expressed a deep sense of crisis, noting that the proposed reforms touch the very core of the criminal justice system. Similarly, Meiji University’s Professor Michinori Ishida pointed out that the views of the Legislative Council do not represent the prevailing academic consensus.

Internal Friction Within the LDP

The government’s plan to submit a bill based on the council’s report has faced unexpected resistance from within the ruling Liberal Democratic Party (LDP). During a meeting on April 4, 2026, members of the LDP’s Judicial Affairs Division and Judiciary System Research Commission voiced strong opposition to the prosecutors’ right to appeal.

Participants argued that such appeals are often filed “mechanically and uniformly,” serving only to impede relief for victims of wrongful convictions. The tension was high enough that the meeting, originally scheduled for one hour, extended to two and a half hours amid heated exchanges. Former Justice Minister Keisuke Suzuki stated that the government does not intend to rush the discussions and will examine each issue in depth, leaving the bill’s future uncertain.

The Human Cost: The Iwao Hakamata Case

The urgency for reform is underscored by the case of Iwao Hakamata. In 2014, the Shizuoka District Court approved a retrial for Hakamata, who was then a death row inmate. However, because public prosecutors appealed the decision, it took nine years and seven months for the retrial to actually begin. Hakamata, now 90, was eventually acquitted, but his case—which took 42 years to be reopened—stands as a stark example of how the current appeal system can delay justice.

Looking Ahead

The Japanese government now faces a difficult balancing act. While the Legislative Council has provided its roadmap, the combination of academic condemnation and political pressure from the LDP suggests that the final bill may need significant revisions—specifically regarding the removal of prosecutorial appeals—before it can pass through the Diet.