State Compensation Case for Death Penalty Execution During Retrial Request

In 2025, the Tokyo High Court issued a ruling in a state compensation lawsuit filed by Chika Hayakawa, the daughter of executed Aum Shinrikyo former senior member Kiyohide Hayakawa. The inmate was executed in July 2018 while his retrial request was still pending. The plaintiff claimed that the execution violated the constitutional right to a fair trial and sought damages from the Japanese government. The lawsuit was originally filed in the Tokyo District Court in 2020 under case number Reiwa 2 (Wa) 12340, and was appealed after the first instance dismissed the claim. The case centered on whether the Minister of Justice's signing of the execution order amid a pending retrial was unlawful. The court upheld the lower court's decision, rejecting the compensation demand. The execution had already drawn international attention due to the controversial handling of Aum-related death row cases and the broader implications for the retrial system.

On February 20, 2025, the Tokyo High Court dismissed the plaintiff's appeal and upheld the Tokyo District Court's original ruling, finding no illegality in the execution and rejecting the compensation claim. The Supreme Court has not yet taken up the case as of mid-2025.

Whether the execution of a death row inmate while a valid retrial petition is pending violates Article 31 (due process) and Article 32 (right to access courts) of the Japanese Constitution, and whether the state is liable for damages.

The case intensified public and international scrutiny of Japan's death penalty system, particularly the lack of transparency surrounding execution decisions and the potential irrevocable harm when a retrial request is pending. Human rights organizations and the Japan Federation of Bar Associations criticized the execution and the subsequent rulings, arguing they undermine the retrial system and the right to judicial remedy. The litigation also reignited debate on introducing a moratorium on executions while retrial petitions are under review.