Hideko Hakamada testified Tuesday before the House of Representatives Justice Committee to urge a comprehensive revision of Japan's retrial system [1].
This testimony comes as Japan grapples with high-profile failures in its judicial system. The Hakamada case serves as a primary example of how current laws can allow wrongful convictions to persist for decades, making the effectiveness of the retrial process a matter of urgent public interest.
Hakamada, 93 [2], is the sister of Iwao Hakamada, 90 [2], who was wrongfully convicted. For approximately 60 years [4], she maintained her brother's innocence while he remained imprisoned. The testimony occurred on June 9 [1] in Chiyoda Ward, Tokyo [3].
During the hearing, Hakamada addressed a specific draft proposal that would generally prohibit the prosecution from filing appeals, known as kōkoku [7]. Despite the intent of the draft to speed up the legal process, Hakamada said that the prosecution's right to appeal should not be banned [10]. She said that such a restriction could be counterproductive to preventing wrongful convictions [5].
She emphasized that the legal system is a human construct and therefore subject to change. "It is not a law created by God. It is a law created by humans," Hakamada said [8]. "I believe it is possible to revise it" [7].
The push for reform follows a long legal battle. Journalist Akihiko Otani spent more than 30 years [5] reporting on the case. Iwao Hakamada's innocence was finalized more than one year and three months ago [6].
Hakamada's appearance before the committee highlights a rare moment where the families of the exonerated directly influence legislative debate. Her opposition to the prosecution appeal ban suggests that those most harmed by the system prioritize legal rigor, and the possibility of correction, over the mere speed of the proceedings.
“"It is not a law created by God. It is a law created by humans."”
The testimony reveals a tension between the Japanese government's desire to expedite retrials by limiting prosecution appeals and the desire of victims for a system that guarantees absolute accuracy. By opposing the ban on appeals, the Hakamada family is arguing that a flawed process—even one that is slow—is preferable to a rushed process that might leave room for further judicial error.
