第48回人権理事会　議題3　「死刑問題」決議案に関する田口一穂公使参事官による採択時の投票理由説明（2021年10月8日）

 
 Japan attaches importance to transparency in procedures relating to the death penalty in order to ensure due process and the right to defense, and preventing its discriminatory use. Since this resolution also highlights the importance of transparency in the death penalty, Japan has engaged constructively in the consultations to find common ground with the core group countries.
 
 While we appreciate the core group’s efforts, it is regrettable that this draft resolution is strongly biased toward the abolition of the death penalty and a moratorium on its use. International law does not prohibit the use of the death penalty by States as long as their actions are compliant with their international human rights obligations. Also, there is no universally accepted obligation under international human rights law to introduce a moratorium on the use of the death penalty.
 
 In order to ensure due process and the right to defense, the right to public trial is guaranteed in all criminal cases under the Constitution of Japan. In addition, the Japanese Government publishes the fact of execution, and the number of persons on death row and the number of executions carried out. Through such measures, transparency in regard to the death penalty is provided.
 
 Whether to abolish the death penalty and introduce a moratorium on its use is a matter to be decided by each State with careful consideration of public opinion, the crime situation, and criminal policy of the State concerned. Whether to maintain or abolish the death penalty is an important issue that concerns the very foundation of Japan’s criminal justice system. This issue should be carefully considered from various perspectives, including the realization of justice in society and trends in public opinion. In Japan, there are diverse opinions on this issue among the public and serious crimes continue to be committed. Therefore it is difficult to abolish the death penalty at this juncture.
 
For the reasons I have just stated, Japan will vote against the draft resolution.