Three death row inmates filed a lawsuit against the central government on Nov. 29, seeking an injunction to prevent their executions by hanging.
They argue that death by hanging is a painful and degrading form of capital punishment and that it is in violation of Japan's constitution, which prohibits cruel forms of punishment.
The criminal law sets out that state executions in Japan are carried out by hanging, a practice that has been performed since the Meiji Era 1868 -- 1912, but the plaintiffs argue that the public doesn't know the brutal reality of what happens when death row inmates are hanged.
The lawsuit said that if the punishment is not cruel, it should prove it in court.
After being hanged, inmates remain conscious and continue to feel pain and terror for up to several minutes, according to the plaintiffs, detained at the Osaka Detention House.
They argue that it hurts their dignity because the form of execution severely damages their bodies.
They argue that it is in violation of Article 36 of the Constitution, which states: The infliction of torture and cruel punishments are absolutely forbidden. They said it was in violation of the International Bill of Human Rights, which states: No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. In 1948, the Supreme Court's Grand Bench ruled that execution is constitutional.
The ruling stated that execution isn't a cruel form of punishment prohibited under Article 36 of the Constitution unless it is particularly cruel on humanitarian grounds in light of the times or situation.
The Supreme Court's Grand Bench ruled in 1955 that there was no reason to regard execution by hanging as particularly cruel on humanitarian grounds.
In a similar case, other two death row inmates are suing the government over the practice of carrying out the executions the same day the condemned are informed they will die.
The plaintiffs filed a lawsuit with the Osaka District Court in November last year and sought 22 million yen $158,800 in compensation.
They argue that the practice of notifying the condemned of their execution only on the morning of the same day does not give inmates time to contact lawyers to file an appeal against the execution order.
They argue that the practice is in violation of Article 31 of the Constitution, which states: "No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law."