On this date in 2008, during a record-setting year for executions, Japan hanged Michitoshi Kuma, 70, and Masahiro Takashio, 55.
Michitoshi Kuma attracts our notice in particular not simply because he insisted throughout his trial and appeal that he was innocent of abducting and murdering two seven-year-olds in 1992 … but because the circumstantial evidence that convicted him was buttressed by a DNA testing regime that has fallen into disrepute.
One crucial piece of evidence against Kuma was the DNA samples taken from blood near the victims’ bodies. The samples were tested with DNA typing of the MCT118 locus.
The same method of testing was used in the case of the murder of a young girl in Ashikaga, Tochigi Prefecture, in 1990, known as the Ashikaga case. The test result was seen as crucial evidence in supporting the life sentence handed down to the accused, Toshikazu Sugaya.
However, the result was overturned when the DNA was tested again as part of the immediate appeal filed by Sugaya’s defense counsel after his request for a retrial was dismissed.
Sugaya, 62, was freed from prison on June 4, 17 years after police had arrested him.
“At first glance, DNA tests look scientific. That’s why it’s dangerous to have complete faith in them,” Iwata said.
“The tests were carried out in a particularly sloppy way in the early 1990s, when the Iizuka and Ashikaga cases occurred,” he said, adding that the Iizuka case likely was another example of a wrongful conviction.
“It can’t be undone now,” one of the defense lawyers lamented upon hearing of the hanging — conducted, as per usual in Japan, in secret and without prior notice to either the inmate or his attorneys.
The Ashikaga case, in which another prisoner convicted about the same time as Kuma and with the same DNA technology was exonerated and released a few months after Kuma’s hanging, embarrassingly reversed what had once been a signal judicial triumph for early DNA testing.
“The media treated the science as if it were invincible, like Atom Boy,” [one of Toshikazu Sugaya's attorneys] said sarcastically. “They just kept admiring the DNA judgment without reservations.”
The objections Sugaya’s exoneration prompted about Kuma’s conviction, of course, arrived a bit too late.
Sixty years ago today, Yoshio Kodaira counted himself “fortunate to be able to die on such a calm and peaceful day.”
For the year after Japan’s wartime surrender to the World War II Allied powers (beginning slightly before that surrender), former Imperial Navy soldier Yoshio Kodaira terrorized Tochigi and Tokyo with a rape-murder binge believed to have claimed ten victims.
Even our monsters — especially our monsters — are creatures of their own milieu.
For Kodaira, that was the Japanese occupation of China, where he slew an unknown number of Chinese soldiers and civilians in his official capacity under the banner of the rising sun … followed by the “anarchy of the postwar years.”
(In between the two, he served a jail term in the 1930’s for killing his father-in-law in a berserk rage when his wife left him.)
Expat author David Peace novelized the 1945-46 Kodaira crime spree in Tokyo: Year Zero, musing (in the voice of the killer),
You know, none of it makes much sense to me … they give us a big medal over there for all the things we did, but then we come back here and all we get is a long rope.
At 11 p.m. this date in 1946, White general turned Japanese collaborator Grigory Semenov (or Semyonov) was hanged for a generation’s worth of anti-Soviet depredations in the Far East.
The tsarist officer Semenov joined the Russian Civil War as a notoriously vicious White commander with the grandiosely retro title of Ataman of the Baikal Cossacks.
According to G. Patrick March, Semenov’s “penchant for killing, torturing, and looting” extended to executing a captured socialist by tossing the man into his locomotive’s fuel chamber.
Although also a rival in the suicidally fractious White political jostle, Semenov was the designated successor of Aleksandr Kolchak when the latter was shot in 1920, but by that time there wasn’t much left to succeed.
Knocking around the interwar era in gloryless exile, Semenov was an easy recruit for the Japanese war machine, which was in the market by the late 1930’s for locals with command experience and a grudge against Moscow and put him on retainer in Manchuria. Like the Soviet-Japanese front in general after Khalkin Gol, nothing much came of that enterprise; the Ataman’s last great hurrah was but a footnote for Japan, and his death would be a footnote in the annals of postwar victors’ justice.
Having picked a loser two wars in a row, Semenov was captured during the short-lived Soviet invasion of Manchuria at the tail end of the war and packed off for the inevitable. Five co-defendants, including Semenov’s son Mikhail, suffered death as well — although they were simply shot, while Semenov was ignominiously hanged. (According to White Terror: Cossack Warlords of the Trans-Siberian, the hanging was either botched or engineered to be an ugly strangulation job.)
On this date in 1997, the wait was over for a writer who had spent his entire adult life awaiting the noose.
Norio Nagayama witnessed another (eventually executed) murderer’s Tokyo shooting spree in 1965, and three years later popped four people (two security guards and two cabbies) himself. The killing spree shocked Japan.
Only 19 at the time, which made him a juvenile by Japanese law, Nagayama was sentenced, unsentenced, re-sentenced. Twenty-eight years he spent from his arrest until his execution, not necessarily an atypical span for Japan.
It’s what Nagayama did with those years that makes him so remarkable: entering the criminal justice system from an impoverished background, Nagayama became a literary figure and a prominent public spokesman for social justice. He’s still commemorated years after his death.
Nagayama is credited with nine works, the first (Tears of Ignorance) about the poverty he blamed for his murders; the last (Hana) published posthumously from his manuscripts; he donated proceeds to victims’ families and poor children, especially in Peru.
Nagayama’s death was triggered, at last, by apprehension of a 14-year-old for a sensational crime barely a month prior to this date; in hanging Nagayama, the government aimed “to foster support for legislation that would ‘get tougher’ on juvenile offenders. Indeed, in 2000 Japan’s Juvenile Law was revised to make it easier to transfer minors to adult court.”
Nagayama was hanged in Tokyo with another murderer, Hideki Kanda; a husband-wife convict couple were executed the same day in Sapporo.
Hatano Hideharu, chief of the minor Hatano clan, got himself on the outs with powerful daimyoOda Nobunaga. Nobunaga’s samurai general Akechi Mitsuhide forced Hideharu’s capitulation, convincing him to lay down his arms by offering his own mother as a hostage.*
And here’s where the bodies start piling up.
Nobunaga overruled Mitsuhide’s promise of safe conduct and had Hatano Hideharu put to death.
Outraged, the Hatano clan retaliated by crucifying Akechi Mitsuhide’s mother.
Since Mitsuhide suffered the consequences for the bad behavior of his boss, this tit-for-tat left a bit of tension between the two. (The Hatano were done as a factor in Japanese politics, so having served to poison this relationship, our story takes its leave of them here.)
Perhaps as a result — there’s no single agreed-upon reason, but the personal vendetta has drawn the most commentary — Mitsuhide himself rebelled and forced Oba Nobunaga to commit seppuku.
It probably wasn’t exactly like this fanvid of Samurai Warriors 2 scenes.
Mitsuhide’s betrayal opened the door for another Nobunaga retainer, Toyotomi Hideyoshi, to in turn crush Mitsuhide,** and seize power for himself.
And maybe — with a stretch — they owe it all to Hatano Hideharu.
* The online sourcing on the death of Makiko, Akechi Mitsuhide’s mother, is a bit inconsistent; some suggest that the Hatano didn’t have her a hostage, but found a way to kidnap her for revenge.
** Mitsuhide’s daughter Hosokawa Gracia, became a legendary Christian convert after his death.
An unidentified Japanese prisoner ascends the gallows on Guam.
The most lastingly notable of the six was Rear Admiral Shigematsu Sakaibara, who was hanged for ordering (and perhaps in one instance, personally conducting) an infamous mass execution on Wake Island that has already appeared in these pages.
For some, the hanging of one of these six men had been a horrible tragedy and perhaps even a mistake. Rear Adm. Shigematsu Sakaibara had enjoyed the reputation of “gentleman soldier” and protector of the common man. Hailing from a wealthy family near Misawa in Tohokhu province, some 450 miles north of Tokyo, Sakaibara never forgot his roots. Forever poking fun at the fast-paced Tokyo lifestyle, the rear admiral touted the value of rural living, the integrity and honesty of those who lived in Japan’s rugged north country, and Tokyo’s need to recognize their great contributions to the war effort. Contemplating a postwar political future, he would be following in the footsteps of his politically influential family in northern Japan. That future was linked to championing the rights of returning veterans and other have-nots. Misawa had indeed had a heroic reputation as an important navy town and base for years. Sakaibara had assisted in the training exercises held there for the Pearl Harbor attack plan in late 1941. His future seemed golden no matter who won the war. But what some in his command called “The 1943 Incident” changed all that.
Shigematsu Sakaibara (right foreground) surrendering Wake Island on September 4, 1945.
These events, Sakaibara admitted in his trial, had taken place in an atmosphere of near starvation and impending doom. The defense counsel especially emphasized that point, asking the commission to understand and respect the pressures and strains on Sakaibara at the time of the incident. But the commission was not in a forgiving mood. In the chaos of retreat or not, innocent civilians had been murdered.
… Unfortunately for Sakaibara, several members of his former command expressed surprise on the witness stand when asked about the desperate situation on Wake in 1943. These men insisted that Sakaibara and his defense team’s description of a starving, chaotic Wake was an exaggerated one. There had been no unexpected miseries, confusion, or sense of peril, they said. Sakaibara’s fate was sealed.
True to form, defendant Sakaibara offered a very literate final statement to the commission. In contrast to so many of his colleagues on trial in Tokyo, on Guam, or elsewhere, Sakaibara, albeit with carefully picked words, admitted he was guilty of rash and unfortunate actions. He appeared especially convincing when he noted that he wished he had never heard of Wake Island. But his most memorable comments involved his own view of morality in war. A nation that drops atom bombs on major cities, the rear admiral explained, did not have the moral authority to try so many of his countrymen. With Hiroshima and Nagasaki in mind, Sakaibara claimed there was little difference between himself and the victors over Japan. With that statement a legend grew, particularly in his home town, of Sakaibara, the victim of American revenge.
… As late as the 1990s, some people there, not necessarily of the World War II generation, still bowed in reverence to Sakaibara family members out of respect for the “sacrificed” gentleman soldier.
His last words:
I think my trial was entirely unfair and the proceeding unfair, and the sentence too harsh, but I obey with pleasure.
* Some sources places the executions on June 19; the U.P. wire story, dated June 19th, referred to the hangings occurring “last night,” and the preponderance of evidence I have been able to locate appears to me to support the 18th rather than the 19th.
** An interesting bit of interservice-rivalry color on proceedings in Guam, courtesy of Prisoners of the Japanese:
The United States Navy had hanged fewer than a handful of men in more than a hundred years … Now on Guam they had all kinds of Japanese to try and sentence to death … They had to requisition an Army executioner to show them how to hang. He was a lieutenant with silver-rimmed glasses, a leading-man moustache, and a paunch. He used the traditional British drop formula, but he was an innovator as well: He invented a method of lowering the dead body to the stretcher without having to cut the rope.
On this date in 1703, Japan’s most renowned epic of bushido vengeance reached its endgame with the condemned ronin who had avenged their executed master forced to commit seppuku.
So compelling an allegory of conflicting loyalties could hardly have been so skillfully constructed as outright fiction. The 47 Ronin owed personal fealty to a daimyo who drew his blade when provoked by the insolence of a shogunate official, and was condemned to death for the offense.
For the shogun, it was a just assertion of a central state’s prerogatives.
Knowing that the offending shogun retainer would be well-defended on the lookout against retribution, forty-seven of them (or possibly more at first; in any case, not the entirety of the samurai force) feigned dissipation and indifference for over a year … then raided his palace and slew him once he dropped his guard.
The ronin were condemned to death, but authorities “allowed” them the more honorable route of seppuku — which they committed to a man.*
Two years ago today, Japan resumed executions after a break of more than a year with four hangings.
Septuagenarians Yoshio Fujinami (wheelchair-bound) and Yoshimitsu Akiyama (partially blind) both needed the guards’ assistance to reach the trap at Tokyo Detention Center, a mere hour after they were informed of their imminent demise.
Two other prisoners, 64-year-old Michio Fukuoka and 44-year-old Hiroaki Hidaka, were simultaneously hanged in Osaka and Hiroshima, respectively.
Hidaka, a serial killer, had dropped his appeals and thus died a mere 12 years after his crimes. Fukouka died maintaining his innocence of three murders from 1978-81 he said police torture had forced him to confess. The oldest men were on the hook for killings dating to 1975 and 1981. (Much more from The Japan Times.)
Talk about justice delayed.
In Japan’s strange death penalty system, the condemned might await death for decades only to be hanged, as these were, with next to no warning. Their families and supporters did not hear about it until after the deed was done.
These hangings, though protested, were not altogether unexpected, for a break in the Japanese Diet around the end of the year often heralds an appearance on the public stage by the gallows. (Look for them in 2008 as the Diet goes out of session starting today.) And a turnover at the top of the Justice Ministry had replaced a pol disinclined to authorize any hangings, the source of the long break between executions during a decade when Japan’s use of the death penalty has generally been intensifying.
Although at least one particularly pressing motivation for this date’s hanging will not be present this year. After the long hiatus, an anonymous official told a newspaper,
We absolutely wanted to avoid ending the year with zero executions.
On this date in 1948, seven “Class A” war criminals, including Japan’s wartime Prime Minister Hideki Tojo, were hanged at Sugamo Prison by the American occupation authorities.
Like other Axis heads of state, Tojo was in for a bad end: he shot himself in the chest before American troops could arrest him, but missed his heart even though a doctor had helpfully marked the spot on his chest for him.
Fail.
However inevitable Tojo’s postwar fate, however, he was not exactly of a kind with the likes of Hitler and Mussolini. Indeed, he’d been cashiered from his Prime Ministerial gig in 1944 by the real power behind the throne — the Japanese military.
Unlike the “Fuhrer” and “Il Duce,” Tojo was a reflector, not a creator, of national thought. His word was not law. It was not his command or dictate. He was one among many and not even the first among equals. He was a militarist — misguided, naive, and narrow in outlook; he regarded war as a legitimate instrument of national policy; he apparently believed what he told the court, and failed to recognize the patent contradictions between his contentions and the facts. This had been his undoing.
That’s Robert Butow in Tojo and the Coming of War. Butow argues that the titular authority in Japan (he became Prime Minister shortly before the bombing of Pearl Harbor), a dedicated, patriotic officer of adequate talents but limited vision, came much too late and controlled much too little to be seen as the equal of the European theater’s villains.
The Japan of which General Hideki Tojo became premier was operated by remote control. It was a country in which puppet politics had reached a high state of development, to the detriment of the national welfare. The ranking members of the military services were the robots of their subordinates — the so-called chuken shoko, the nucleus group, which was active “at the center” and which was composed largely of field-grade officers. They, in turn, were influenced by younger elements within the services at large and by ultranationalists outside military ranks. The civilian members of the cabinet were the robots of the military — especially of the nucleus group, working through the service ministers and the chiefs of the army and navy general staffs. The Emperor himself, through no fault of his own, was the robot of the government — of the cabinet and the supreme command, a prisoner of the circumstances into which he was born … Finally, the nation — the one hundred million dedicated souls, the sum and substance of Japan, from whom the blood and toil and tears and sweat of Churchill’s phrase were wrung — the nation was the robot of the throne.
He was the man for his time and place. He fit right in.
The former premier embraced responsibility, diligently shielding the Emperor from any intimation of guilt (some argue this was the procedure’s entire raison d’etre, from the perspective of both the prosecution and the defense), and walked a dignified and honorable last mile in the courtrooms of the victor’s justice, presenting his perspective as he knew it in the context of a wish for peace between the late antagonists.
1. I deny that Japan “declared war on civilization.”
2. To advocate a New Order was to seek freedom and respect for peoples without prejudice, and to seek a stable basis for the existence all peoples, equally, and free of threats. Thus, it was to seek true civilization and true justice for all the peoples of the world, and to view this as the destruction of personal freedom and respect is to be assailed by the hatred and emotion of war, and to make hasty judgments.
3. I would like to point out their [my accusers'] inhumane and uncivilized actions in East Asia ever since the Middle Ages.
4. In the shadow of the prosperity of Europe and America, the colored peoples of East Asia and Africa have been sacrificed and forced into a state of semi-colonization. I would point out that the cultural advance of these people has been suppressed in the past and continues to be suppressed in the present by policies designed to keep them in ignorance.
5. I would point out that Japan’s proposal at the Versailles Peace Conference on the principle of racial equality was rejected by delegates such as those from Britain and the United States.
6. Of two through five above, which is civilization? Which is international justice? Justice has nothing to do with victor nations and vanquished nations, but must be a moral standard that all the world’s peoples can agree to. To seek this and to achieve it — that is true civilization.
7. In order to understand this, all nations must hate war, forsake emotion, reflect upon their pasts, and think calmly.
The “Class A” convicts not executed along with Tojo were freed afterwards.
Tojo has enjoyed a bit of a latter-day resurgence in the public regard, product of the nationalist right’s resurgence in Japan. The hanged man’s granddaughter Yuko Tojo has waged a tireless campaign to clear him.
Further to that end, his ashes — and those of the other Class A convicts — were covertly added to the controversial Yasukuni Shrine, and remain there to this day. That public tribute to principals of Japan’s bloody foreign occupations has become a hot political football between Japan and other nations, especially China.
Japan … faced considerable military threats as well.
Japan attempted to circumvent these dangerous circumstances by diplomatic negotiation, and though Japan heaped concession upon concession, in the hope of finding a solution through mutual compromise, there was no progress because the United States would not retreat from its original position. …
Since events had progressed as they had, it became clear that to continue in this manner was to lead the nation to disaster. With options thus foreclosed, in order to protect and defend the nation and clear the obstacles that stood in its path, a decisive appeal to arms was made.
* According to John Dower’s Embracing Defeat, the suicide scenario angered some nationalists because Tojo only “belatedly summoned the will to die,” and “chose the foreigner’s way of the bullet rather than the samurai’s way of the sword, and then botched even this.”
On this date in 1924, just two days after his sentencing, Japanese student Namba Daisuke was hanged for attempting to assassinate the the future emperor Hirohito.
Namba (or Nanba) was a 24-year-old Communist and son of a Japanese parliamentarian.* Inflamed by reports of Japanese atrocities in Korea and by the execution years earlier of leftist agitator Shusui Kotoku, Namba fired a pistol at the 22-year-old Prince Regent in a Tokyo intersection.**
It was a pretty simple case: no doubt he’d done it, and no sympathy for the assailant. The act shook Japan so deeply that Namba’s prosecutors stuck to the story that the offender must be deranged — even though he clearly was not. Under the circumstances, that wouldn’t cut enough ice to mitigate the sentence anyway.
Daisuke has made a blot upon Japanese history. He believed in violence and had determined to kill the Prince Regent. He committed a great crime in attempting to injure the imperial family, which has never oppressed the poor.
To which Daisuke had a direct reply:
Long live the Communist Party of Japan!
As is often the case, the gesture of violence against the established order provoked a still more repressive crackdown. The Prime Minister resigned for the security lapse, to be replaced a more conservative government that pushed through the radical-hunting measures of the Peace Preservation Law.
And the award goes to …
Simple enough as far as the assassin goes.
Let’s take a sideways turn into a digression from the blog’s macabre daily fare to ponder a strangely pleasant ripple effect of this young man’s shot.
According to Ben-Ami Shillony’s Politics and Culture in Wartime Japan, the incident forced the resignation of a senior police official charged with keeping an eye on subversives.
This gentleman, Matsutaro Shoriki, transitioned into a career as a media mogul, building up one of the country’s most prominent papers. In that capacity, he took to promoting baseball in Japan.
Though this imported sport had an existing — and growing — popularity from the first decades of the century, Shoriki became the father of Japanese baseball by sponsoring American all-star teams to play on Japanese tours and creating the country’s first professional baseball team.
Shoriki even survived an assassination attempt of his own, at the hands of a nationalist who thought bringing Babe Ruth to the Land of the Rising Sun was treasonable.
Today, he’s remembered generously and his name adorns one of Japanese baseball’s major awards. But if not for Daisuke Namba’s shot, he might have served those years moving paper in the tokko, trying to ferret out dangerous elements.
* The father had to resign his seat in the Diet, of course; not only his immediate family but his former schoolmasters and his whole hometown were put under the pall. According to Time, Namba’s relatives were formally released from their debt of shame by Hirohito in 1926, and took the unblemished name Kurokawa.
** Hirohito did not become Emperor until his father’s death in 1926.
For the year after Japan’s wartime 
The tsarist officer 
However inevitable Tojo’s postwar fate, however, he was not exactly of a kind with the likes of Hitler and Mussolini. Indeed, he’d been cashiered from his Prime Ministerial gig in 1944 by the real power behind the throne — the Japanese military.
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