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Nerve-Gas Guru Tests Japan Legal System

Never in their dozens of visits have they had a coherent conversation, the daughters say.

But while Asahara failed to bring down Japan's government, many believe he is now succeeding in making a mockery of _ or becoming a martyr at the hands of _ its justice system.


This undated file photo shows doomsday cult guru Shoko Asahara, who was sentenced to hang for trying to bring down Japan's government in an elaborate scheme culminating in a nerve-gas attack on Tokyo's subways that killed 12 people and sickened 5,000 on March 20, 1995. (AP Photo/ Kyodo News, File)
This undated file photo shows doomsday cult guru Shoko Asahara, who was sentenced to hang for trying to bring down Japan's government in an elaborate scheme culminating in a nerve-gas attack on Tokyo's subways that killed 12 people and sickened 5,000 on March 20, 1995. (AP Photo/ Kyodo News, File) (AP)

In June, Asahara's lawyers petitioned Japan's Supreme Court in what could be their last chance to save him. A decision is expected at any time. If the sentence stands, and Japan follows normal practice, the self-proclaimed guru will be hanged without prior announcement, and the daughters notified only after he is dead.

Asahara's post-conviction saga has been no less bizarre than his courtroom behavior.

His legal team missed the deadline to file an appeal because, they claim, they couldn't communicate with him in any meaningful way.

Evaluations conducted before the appeal deadline by court-appointed psychiatrist Akira Nishiyama found Asahara to be disturbed but competent, and suggested he might be faking insanity to avoid punishment.

But Takeshi Matsui, who heads the defense team, said Asahara suffers from "prison psychosis," which is manifested in delusions, hallucinations, incoherent speech and disorganized behavior. Matsui's motion demands Asahara be treated and that they be allowed to appeal once he is again stable enough to assist his defense.

"I have heard these kind of problems can be treated in a matter of months," Matsui said.

Hisataka Kogi, a psychiatrist hired by Matsui's team, said his examination showed Asahara to be in need of treatment but added that "he is treatable."

"The court is rushing to condemn him," Kogi said. "To do so, the authorities don't want to stamp him as insane because that makes it impossible to execute him. ... I think the court deliberately avoided a mental evaluation that would lead to that possibility."

The law, at least, is clear.

Prisoners cannot be executed if they have lost the ability to understand the punishment due to mental illness, and a stay must be granted until he or she recovers, according to Justice Ministry official Hiroyuki Tsuji.


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© 2006 The Associated Press