Many acquitted murder suspects initially found guilty for confessions

Over 70% of people who were acquitted of murder in a retrial in Japan were initially found guilty based on their confessions, a Jiji tally showed Saturday.

At least 20 people in 18 cases were found innocent in a retrial after receiving a guilty verdict in the post-World War II period. Of them, 15 in 13 cases were previously convicted as a murderer because of confession records.

In the 13 cases, the credibility and voluntary nature of the confessions were denied when courts decided to hold a retrial or retrial rulings were given.

"This shows the problems of investigations that place an emphasis on confessions and courts that cannot check them," an expert said.

In the Sept. 26 retrial ruling on former death-row inmate Iwao Hakamata, 88, a court recognized confession records made by prosecutors as evidence of his guilt as substantial fabrication, raising concerns about closed-door interrogations. Hakamata was acquitted 58 years after his arrest, as a result.

According to the tally from Jiji, which examined past retrial rulings and retrial decisions, confession records were made during the investigations into the Hakamata case and four other cases where the suspects were exonerated after death sentences were finalized for them.

Confession records were also used as the basis for convictions in cases in which life imprisonment was sentenced. Retrial rulings in these instances highlighted issues in investigative records, including suspicions of coercion and disinformation by investigators.

Five falsely accused suspects in five other cases denied charges consistently during investigations. Of them, three were initially found guilty based on statements by those believed to be their accomplices.

"Courts have relied on confessions and produced false charges," said Toshikuni Murai, emeritus professor of criminal law at Hitotsubashi University.

"It's necessary to have lawyers present during interrogations and to establish the crime of forcing confessions, but if courts change, the investigation will no longer attach too much importance on confessions," he said.