Retrial = A lawyer of a former convict on death row who was executed during a request for retrial filed in the Osaka District Court after a trial asking whether the sentence should be executed for a convict on death row seeking a redo. ..
The lawsuits were filed by three former convict on death row lawyers who were sentenced to death for murder-robbery and other charges and were sentenced to death while requesting a retrial.
Lawyers are demanding damages of 16.5 million yen from the state, alleging that the loss of the most important witnesses due to the execution of the death penalty made it impossible to prove and infringed the right to counsel.
The Code of Criminal Procedure stipulates that "a request for retrial does not have the effect of suspending the execution of a sentence," but attorneys say that the Minister of Justice orders the execution of the death penalty without waiting for the court's decision. It claims to be unconstitutional, contrary to the separation of powers.
According to the plaintiff's attorney, the execution of the death penalty during the request for retrial has been carried out on at least 17 convict on death row since 1999, and it seems that this is the first trial to dispute the pros and cons.
Attorney Naoki Ikeda, the plaintiff at the press conference, said, "During a request for a life-threatening retrial, the death penalty should not be executed easily. We have filed a trial so that it will not be repeated in the future."