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2008.06.29

最近の死刑の連続執行の状況について考える

 2008年6月17日、3名の死刑確定者に対して死刑が執行された。今回の死刑執行は、2月1日の3名、4月10日の4名の死刑執行に引き続き行われ、前回の死刑執行からわずか2ヶ月強という極めて短い期間内に行われた。

 同じ鳩山法務大臣による執行数は13名を数え、1993年3月に一時中断していた死刑執行が3年4か月ぶりに再開して以降、執行数は前任の長勢甚遠法相の10人を抜いて最多となった。まさに、異常な勢いで死刑執行が続いている。

 法務省としては、死刑確定者が100名を超える状況を解消したいと考えているようであり、今後も2ヶ月毎に死刑執行を予定しているとの情報もある。昨年は、死刑を言い渡された被告人の数が1980年以降で最多の47名に達したと報道されており、この趨勢は本年も変わらないと考えられることからすれば、法務大臣が交替して、その姿勢に変更がない限り、今年の死刑執行は今後も継続することが強く予想される。

 「死刑廃止を推進する議員連盟」(会長・亀井静香衆院議員)は、今回の死刑執行について、「ベルトコンベヤーに乗せる感覚で執行していく異常事態。執行は治安を守る上で何の抑止力もない」と批判しているが、全く同感である。

 従来、判決確定から死刑執行までの期間は長期化する傾向にあり、法務省によると、2006年までの10年間は平均7年11カ月だったが、今回死刑執行された。宮崎勤死刑囚はこの期間が2年4ヶ月であり、4月に執行された3人もこの期間が4年以内であり、鳩山法務大臣が就任して以来、判決確定後、死刑執行までの期間も大幅に短縮された点に特徴がある。

 特に、宮崎勤死刑囚については、弁護人が、今年5月末に、法務大臣に対して、精神治療を受けている状態であり、再審請求を具体的に準備していることを書面で連絡していたにもかかわらず死刑が執行された点に疑問の声があげられている。
 また、宮崎死刑囚の死刑執行にについては、秋葉原の無差別殺傷事件との関連を指摘する声も上がっている。

 鳩山法務大臣は、死刑執行後の記者会見において、「慎重の上にも慎重に検討した結果、絶対に誤りがないと自信を持って執行できる人を選んだ」などと説明しているが、何の説得力は感じられない。

 これまで、死刑制度についてはあまりにもその情報が秘密にされてきた。今回の死刑執行者の決定に至る経過もそうである。鳩山法務大臣は、それまで非公表だった死刑囚の氏名や犯罪事実の概要などを公表するようになった。これを一歩前進と捉える考えもあるが、むしろ、死刑執行を正当化するためのものにすぎないとの批判もある。

 しかしながら、2009年5月21日に施行される裁判員制度においては、市民から選ばれる裁判員は、裁判官と一緒に量刑についても判断することとなっており、被告人を死刑にするか無期懲役にするかの難しい判断を迫られることになる。その際に、死刑がどのような刑なのか、具体的には、死刑がどのように執行されるのかや、無期刑がどのように執行されているのか(何年で仮釈放が認められているのか)を知らずして判断することは困難である。

 裁判員制度を機能させようとするのであれば、死刑制度についての広い情報開示は不可欠であるはずである。今のような秘密主義は、国民に公開できないような死刑執行をしていると思われても仕方がない。
 法務省は、今後も死刑を執行し続けるのであれば、死刑執行に関する情報を広く公開した上で、現在の死刑執行が、憲法36条が絶対的に禁止している「残虐な刑罰」に当たらないかどうかの国民的議論ができる状況を作ることが不可欠である。

 最近、吉村昭の短編小説を原作とする「休暇」と題する映画が公開され、死刑執行を担当する刑務官の苦悩を描いているが、この中で死刑執行シーンが描かれており、その映画を観て改めて、現在の死刑執行のやり方の理不尽さを感じた。

 アメリカ合衆国の連邦憲法裁判所は、2008年5月25日、児童レイプのような非道な犯罪であっても、被害者が死んでいない事件で死刑を適用する法律は、残酷な刑罰を禁じた合衆国憲法に違反し無効だとする判断を示した(朝日新聞の記事)。
 これは、ルイジアナ州で1998年、養子の娘をレイプした罪で有罪判決を受け量刑も確定した死刑囚が、連邦最高裁に量刑不当を訴えていた事件において、連邦最高裁は5対4の小差で、13歳未満へのレイプに死刑が適用できるとしたルイジアナ州法の規定を違憲と判断したものであった。

 アメリカ合衆国では、テキサス州を始めとする死刑存置州において、死刑の宣告数や処刑数が減少している中で、今回の連邦最高裁判決は、この傾向をさらに進める可能性がある。

 いずれにしても、最近の連続する死刑執行の状況は異常としか言えない。ここで一度立ち止まって、絞首刑という死刑の執行方法も含めて、死刑制度のあり方を真剣に議論を尽くすべきである。

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Listed below are links to weblogs that reference 最近の死刑の連続執行の状況について考える:

» 死刑支持の感情論に向き合うためには、諸外国において死刑制度の廃止に至るまでのプロセスの紹介が必要 [Murrielz blog]
第371回(2008年5月31日)のマル激は、「5金スペシャルなぜ日本人は死刑が好きなのか」でした。 かなり久しぶりにマル激を見ました。神保さんと宮台さんの議論を通して、死刑制度をめぐる全体像をあらためて認識することができ、たいへん有益だったと思います。また、番組の中で紹介された「休暇」についても、興味がわきました。時間があれば観てみたいと思います。 私も以前に、政策討論クロストークに関して、「死刑支持の「感情論」に向き合う必要」ということを書きましたが、今回のマル激を聞いてもほぼ同様の感想です... [Read More]

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