Three Japanese death row prisoners filed a lawsuit against the decision, The Asahi Shinbun reports November 29.
The convict filed a lawsuit in the Osaka District Court against the central government’s decision to abolish execution by hanging.
They argue that hanging is a painful and degrading form of capital punishment and that it violates the Japanese constitution, which prohibits cruel forms of punishment.
However, under the Japanese Penal Code, executions in the country can be carried out by hanging, a practice that has been practiced since the Meiji era (1868-1912). But the plaintiffs argue that the public is unaware of the brutal reality of what happens when death row inmates are hanged.
The lawsuit says that if the Japanese authorities do not believe the punishment is cruel, they must prove it in court. The plaintiffs insist that hanging also damages the dignity of the condemned.
The plaintiffs argued that the hanging violated Article 36 of the Constitution, which reads: “The use of torture and cruel punishment is strictly prohibited”. In addition, it is contrary to the International Bill of Human Rights, which establishes: “No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment”.
Source: Rossa Primavera
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