RESPONSE TO SHOKO ASAHARA,S PENDING EXECUTION

C O N F I D E N T I A L SECTION 01 OF 02 TOKYO 001856 SIPDIS SIPDIS JON M. GIBNEY, INR/I. E.O. 12958: DECL: 04/24/2027 TAGS: PGOV PINR SUBJECT: RESPONSE TO SHOKO ASAHARA,S PENDING EXECUTION (C-CT7-00402) REF: STATE 33142 Classified By: Charge d'Affaires, a.i., Joe Donovan, reasons 1.4(b),(c) . ¶1. (C) Summary: Aum Shinrikyo head Chizuo Matsumoto (AKA Shoko Asahara) and his followers involved in the 1995 sarin gas attack on the Tokyo subway system are unlikely to be executed within the next five years, according to multiple Japanese government officials. As of late April 2007, the Public Security Intelligence Agency (PSIA) is unaware of any evidence suggesting Aum members will conduct criminal acts in reprisal for Asahara's execution. Some members, however, may commit suicide following his execution. Aum members will remain under close surveillance until all Aum-related trials are completed and sentences implemented. End Summary. Asahara Trial and Sentencing -------------- ¶2. (C) Aum Shinrikyo head Chizuo Matsumoto (AKA Shoko Asahara) is unlikely to be executed for at least five to eight years, according to multiple Public Security Intelligence Agency (PSIA) officials. Although he was convicted and sentenced to death in September 2006 for his role in the 1995 sarin nerve gas attack on the Tokyo subway system, two major factors will push back the execution. First, 11 Aum Shinrikyo-related cases are still active and Asahara is a suspect in four of them. The Japanese Supreme Court is reviewing three of the cases and the High Court is reviewing the fourth case. His execution will not be conducted until the pending cases are resolved. The second factor delaying his execution is the backlog in the number of people currently awaiting execution. Approximately 103 inmates are now on death row and 78 are ahead of him, according to PSIA officials. ¶3. (C) Asahara has exhausted all appeal options and the death penalty sentence is final. He will be able to petition for a retrial, however, if the defense counsel presents new evidence, PSIA officials cautioned. The trial for Seiichi Endo, who is currently appealing his capital punishment sentence, is being watched closely by PSIA because co-defendant Hideo Murata testified that it was Endo, not Asahara, who planned the sarin gas attack. Murata's testimony could possibly be used as new evidence, leading to a retrial for Asahara, according to PSIA. Status of Aum Member Co-Defendants -------------- ¶4. In addition to Asahara, the following 12 Aum members have been found guilty and sentenced to death: Kazuaki Miyamae, Masato Yokoyama, Yoshihiro Inoue, Yasuo Hayashi, Toru Toyoda, Kenichi Hirose, Satoru Hashimoto, Kiyohide Hayakawa, Tomomitsu Niimi, Seiichi Endo, Tomomasa Nakagawa, and Masami Tsuchiya. Out of the above 12 members, only Miyamae had his SIPDIS death sentence finalized, and is unable to appeal, according to PSIA officials. The remaining members are either in various stages of the appeal process, or are possible witnesses in other cases. Members will not be executed until: a) they have run out of appeals and b) they are no longer potential witnesses in other trials, according to multiple PSIA officials. ¶5. (C) Tomomitsu Niimi, of particular interest to PSIA and the National Police Agency due to his continuing strong influence on Aum members, was sentenced to death at the conclusion of his first trial. He is currently appealing his death sentence at the Supreme Court and is being monitored closely by PSIA. Timing of Executions -------------- ¶6. (C) Japanese government officials declined to directly answer questions related to when the first Aum members would likely be executed, but noted that in general, it takes an average of five to eight years before a prisoner on death row is executed. When asked about the possible order in which the members would likely be executed, PSIA officials hinted that Asahara would likely be executed before his followers. Next would likely be someone whose sentence has been finalized and who no longer has information or value as a witness (possibly Miyamae). PSIA Surveillance on Aum Shinrikyo -------------- ¶7. (C) PSIA has been conducting special surveillance on Aum TOKYO 00001856 002 OF 002 Shinrikyo members and facilities since the sarin gas attack trials began. As of late April 2007, PSIA officials believe that one group of Aum advocates may be contemplating a rescue attempt to free Asahara from incarceration. A second group may be considering suicide when notified of his death following execution. There is also apparently a small group that believes the Japanese government will overturn Asahara's sentence as part of a divine miracle. There is no evidence, however, to suggest Aum members will conduct criminal acts in reprisal for Asahara's execution, PSIA officials repeatedly emphasized. Aum members will remain under close surveillance until all trials are completed and sentences implemented. Background on Judicial System and the Death Penalty -------------- -------------- ¶8. (SBU) The head of the Ministry of Justice must sign an execution order before any execution can be carried out. It is not uncommon for Justice Ministers to decline to sign death warrants due to personal or religious reasons, as was the case with former Minister Sugiura Seiken. Current MOJ Minister Nagase Jinen demonstrated his willingness to implement the death penalty by authorizing four executions that were carried out on December 25, 2006. ¶9. (C) Japan closely guards information related to pending executions. Death-row inmates are not notified of their execution date until the day of execution. Families of condemned prisoners are not notified of the execution until after the fact. After an execution takes place and family members collect the remains, Ministry of Justice notifies the public that an execution has taken place, but does not release the name of the prisoner without family consent. Condemned prisoners are held in solitary confinement on death row for an average of seven years and five months before execution. ¶10. (C) Comment: Ministry of Justice officials are very guarded in their discussions on Aum Shinrikyo. During multiple meetings in March and April, Embassy Tokyo queried Ministry of Justice, PSIA (the organization within the Ministry responsible for keeping tabs on Aum),and National Police Agency officials for updated information on the trials of Aum members involved in the 1997 sarin subway attack in Tokyo. Japanese government officials remain hesitant to share information not already publicly available. Most of the information we received from our interlocutors was identical to the information published in the unclassified January 2007 PSIA annual REPORT titled "Review and Prospect of Internal and External Situations." DONOVAN