Japanese lawmakers began formal deliberations Wednesday on a bill to reform the nation's criminal retrial system during a House of Representatives Committee on Judicial Affairs meeting [1, 2].
This legislative push follows the high-profile case of Iwao Hakamada, whose struggle against a wrongful conviction highlighted systemic flaws in how Japan handles appeals and evidence. The proposed changes seek to prevent the state from indefinitely delaying the release of exonerated prisoners by restricting the ability of prosecutors to file appeals against retrial decisions.
Tomomi Inada, the Liberal Democratic Party's policy research council chair, questioned the committee on the use of evidence during the session [1]. Inada said evidence belongs to the public and asked if it could be disclosed when used to prove innocence during litigation preparations [1].
Among the primary points of discussion is the principle of prohibiting prosecutorial appeals, and the ban on using evidence for purposes other than those intended [1, 3]. These measures are intended to increase transparency and ensure that the retrial process is not used as a tool for the state to maintain convictions despite new evidence.
Hideko Hakamada, the 93-year-old [2] sister of Iwao Hakamada, who is 90 [2], attended the committee meeting as an observer. The session began at nine a.m. [1].
Following the proceedings, Hideko Hakamada commented on the pace of the legal changes. "The people at the Ministry of Justice are timid," she said. "I want them to proceed with the revisions boldly" [2].
“"The people at the Ministry of Justice are timid. I want them to proceed with the revisions boldly."”
The shift toward limiting prosecutorial appeals represents a significant departure from Japan's traditional judicial approach, where the state has held immense power over the retrial process. By prioritizing the rights of the accused to a timely exoneration, the government is responding to domestic and international pressure to align its legal system with global human rights standards regarding wrongful convictions.




