http://mdn.mainichi.jp/mdnnews/news/20100713p2g00m0dm044000c.html
July 13, 2010
TOKYO (Kyodo) -- The Tokyo District Court on Monday rejected a call
by a former Japanese Red Army member to have his life sentence for
hijacking two Japan Airlines planes in the 1970s suspended on the
grounds that he suffers from a serious heart condition.
The hearing continues as Osamu Maruoka, 59, also seeks 10 million yen
in consolation money from the state.
Rejecting part of his claim, Presiding Judge Yutaka Kawakami ruled,
without oral argument, "The suspension of a prison sentence should be
processed through an appeal based on the Code of Criminal Procedure.
It is not legally appropriate to contest it in an administrative lawsuit."
Maruoka, who is serving his sentence in the Miyagi Prison, first
experienced heart problems in 1996, and his condition worsened after
his sentence was finalized by the Supreme Court in March 2000,
according to the lawsuit. He was later diagnosed with dilated cardiomyopathy.
He filed complaints with the Tokyo High Public Prosecutors Office on
five occasions seeking to get his sentence suspended, only to have
his pleas turned down each time, according to the suit.
Maruoka conspired with four Palestinian guerrillas in hijacking a JAL
plane over Amsterdam in 1973. The plane was forced to land in Dubai
in the United Arab Emirates.
He also hijacked a JAL jumbo jet over India with four accomplices and
forced it to land at Dhaka airport in Bangladesh in 1977.
He was arrested in Tokyo in 1987 and was given a life sentence in a
December 1993 Tokyo District Court ruling.
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