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2008.01.03

死刑制度をめぐる日本と世界の動き

 昨年である2007年は、全国の裁判所で死刑を言い渡された被告人が47人となり、1980年以降で最多だった年であった。

 昨年の12月にも死刑が執行されている。すなわち、2007年12月7日、東京拘置所において2名、大阪拘置所において1名の計3名の死刑確定者に対して死刑が執行された。2007年8月23日の3名の死刑執行に引き続いての死刑執行であり、改めて法務省の死刑執行に対する強い意欲を窺わせるものであった。

 法務省は、昨年12月の執行に際しては、死刑執行の事実だけでなく、死刑囚の氏名や犯罪事実の概要などを初めて公表した。これは、この間の鳩山法務大臣による死刑制度に関する様々な問題発言を踏まえて、法務省内部で勉強会を実施していると伝えられているが、その「成果」であるという。
 しかし、これに対しては、むしろ死刑執行を正当化するためのものであるとの批判や、裁判員制度の実施を睨んで、死刑制度に関する一定の情報公開が避けられなかったのではないかなどの正当な意見が出されているところである。

 2007年は、国際社会においても、死刑制度をめぐる大きな動きがあった年と言える。
 国連総会は、2007年12月18日、欧州連合(EU)を中心とする世界87か国が共同提案した死刑執行の一時停止(モラトリアム)を求める決議案を、賛成104、反対54、棄権29で史上初めて採択した。
 決議は、死刑の犯罪抑止効果に確証はないとした上で、死刑の存続に深刻な懸念を表明し、加盟国に死刑廃止を視野に入れた執行の一時停止や死刑適用の段階的削減、国連事務総長への関連情報提供などを求めるものとなっている。

 また、先進国の中でも死刑制度を存置している州が多いアメリカでは、最近では死刑執行数が激減していると言われており、2007年はここ13年で最低数になる見込みだと伝えられている。
 アメリカのニュージャージー州議会は、2007年12月13日に死刑を廃止する法案を可決して死刑制度を廃止することを決めた。これは、アメリカ連邦最高裁判所が死刑を合憲と認めた1976年以降で初めてのことだという。

 明らかに、死刑制度をめぐる国際的な潮流が、死刑廃止に向けて大きなうねりとなりつつあることを強く感じられるようになっている。

 これに対して、死刑存置国である日本は、2007年5月18日、国連の拷問禁止委員会が日本政府報告書に対する最終見解を発表し、そこでも、我が国の死刑制度の問題を指摘した上で、死刑の執行を速やかに停止するべきことが勧告されたが、これを無視する構えであるし、2007年11月の国連総会第三委員会での死刑執行停止に関する決議案採択の際にも、世論調査で国民の大半が凶悪犯への死刑を支持しているとか、死刑廃止に関する国際的総意はないなどの立場を表明して反対していたし、国連総会での決議の際にも反対票を投じている。そして、可決された死刑執行の一時停止を求める決議についても、法的拘束力がないとして日本政府は静観する構えだと伝えられている。

 このように、日本は、国際社会から何度も死刑執行の停止を強く求められているにもかかわらず、それを無視し続け、むしろ死刑執行を増やしており、完全に孤立への道を選んでいるとしか考えられない。

 ところで、2009年5月からは、重大な刑事事件に、市民である裁判員が参加して有罪無罪の別と量刑を裁判官と一緒に審理する裁判員制度が始まることになっている。
 まだまだ市民の関心は低く、裁判員制度による裁判に参加したくない国民が多い中で、市民を死刑判決に関与させることには制度上の無理があり(単に死刑に反対というだけでは裁判員を辞退することはできない)、ますます裁判員制度から市民を遠ざけることになりかねない。
 最近、元最高裁判所裁判官であり刑法学者である団藤重光氏は、朝日新聞のインタビュー記事で、「死刑廃止なくして裁判員制度なし」と述べている(2007年12月20日付朝刊)。

 今まさに死刑制度の存廃に関する国民的な議論ができる好機であり、今こそ、市民から死刑廃止を求める声をあげていきべき時ではないかと考えられる。
 今年こそ、死刑について、国民的議論を行うべき時が来ているのではないだろうか。そして、その議論抜きに、裁判員制度について論じられなくなってきているのではないかと思う。

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  ドラマーとして2007年にデビュー20周年を迎えた鶴谷智生の初のソロアルバムである。非常にオシャレで聴きやすいアルバムに仕上がっており、昨年聴いたアルバムの中でも私の評価としては上位を占める作品となった。何度聴いても飽きず完成度が高いと思います。

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死刑問題」カテゴリの記事

Comments

こんにちわ。いつもながら重厚長大ですね。

死刑に関する本は、しばらく読んでいなかったのですが、ふと「刑場に消ゆ―点訳死刑囚二宮邦彦の罪と罰 」という矢貫 隆のを読みました。千冊以上の点訳をしたひとが、最終的に国に殺される実話でした。

Posted by: 千恵子@行政書士 | 2008.01.10 at 12:40 PM

お綺麗事、たいへん結構ですね。
あなたの生活が人並み以上に幸福で知的で裕福で恵まれていることが、文章の端々から感じとれました。

だからこそ、私は怒りを覚えてしまいます。
あなたにとってすべては他人事でしかないのですね。
100人の死刑囚を1ヶ月養うのに、1千万円以上かかっています。
勿論、すべて税金ですね。
その大切な税金を、福祉の方に回せたら、どんなにか国民のためになるでしょうか。
一日死刑囚の生命を永らえさせるごとに、税金は無駄に遣われていくのです。

鳩山法務大臣は、今までの仕事をしなかった無能な大臣たちと違い、きちんと自分の仕事に真剣に取り組んでいる、初めての大臣ではないかと思います。
福祉制度、医療保障、年金制度と、国民の生活・生命に関わる予算がどんどん削られています。

本当に削るべきは、犯罪者を養うための無駄な税金の筈ではないでしょうか。

罪無き被害者の人権を踏みにじった凶悪犯罪者に、同等の人権をあたえるのは間違っていませんか?

被害者感情や憎しみで刑罰を決めるべきでない、という冷徹な考えを持つような人間に育ってしまったあなたを、ただ可哀想に思います。
あなたは、失ったら生きて行けないと思うような、大切な相手

Posted by: はじめまして | 2008.06.25 at 12:46 AM

僕は死刑廃止を望みます。

税金がかかるといいますが、憲法には個人は尊重されると明記され、どんな犯罪を起こしてもその人は「人」であり、人として生きていく権利があり、どんな極悪人でも人として生きていく権利があります。

極悪人だからといって、差別することは良くない。

また、死刑制度があれば被害者感情が満たされるかというと、そうではないはずだ。

私なら一生をもって、償わせます。

そして、犯罪者の今までの環境も考えるべきなのではないか。

どうしてこのような事件を起こしたのか、過去に何かそうさせるものがあったのかなどを。

ただ私たちがごく普通の環境で生きてきただけであって、人を殺した者だって、普通の環境で育っていたならば、同様の犯罪を起こしていただろうか。


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