Taiwan’s Constitutional Court has upheld the death penalty for severe crimes, such as murder, while simultaneously mandating significant procedural reforms to protect defendants’ rights. On Friday, the court ruled that the death penalty remains partially constitutional, requiring changes to criminal procedures within two years to better safeguard the right to life.
The decision emerged from a case questioning the constitutionality of capital punishment for intentional homicide and related crimes like robbery, kidnapping, or rape. The argument posited that capital punishment violates the right to life under Article 15 of Taiwan’s Constitution and Article 6 of the International Covenant on Civil and Political Rights (ICCPR).
Referencing General Comment No. 36 from the UN Human Rights Committee, the court asserted that the death penalty could be applied to the most serious crimes without breaching ICCPR obligations. It ruled that the death penalty was constitutional for crimes involving intentional killing, emphasizing the need for judges to consider factors like intent, motive, means, the extent of participation, and the victim’s ability to defend themselves before sentencing.
The court also emphasized the necessity to revise several criminal procedural rules. For instance, it mandated the repeal of Article 388, which denies defendants mandatory defense rights during a trial of third instance in Taiwan’s top court. Moreover, the court dictated that public defenders be appointed before criminal investigations to uphold the defendant’s right to life. Although a complete ban on the death penalty for defendants with mental or intellectual disabilities was not established, it prohibited imposing such sentences until pertinent laws align with constitutional standards.
E-Ling Chiu, Director of Amnesty International Taiwan, welcomed the court’s identification of flaws in the death penalty but expressed disappointment that it was not entirely abolished. Chiu noted, “As the global trend continues towards abolition, today’s decision stacks Taiwan against the majority of the world’s countries that have already fully consigned this punishment to the history books. The authorities of Taiwan must act to swiftly commute all death sentences, bring about reforms to the criminal justice system that prioritize the protection of human rights, and abolish the death penalty once and for all.”
The Taiwan Alliance to End the Death Penalty also voiced concerns about the existing 37 death row prisoners, arguing that most were not convicted of “the most serious crimes” and that their guilty verdicts occurred under a flawed system now deemed unconstitutional.
Conversely, the Kuomintang party criticized the ruling as overstepping legislative powers and ignoring public support for the death penalty. They highlighted that only one murder conviction had resulted in a death sentence in the last five years, suggesting that the current justice system sufficiently protects defendants’ rights. The party argued that by tightening standards, the court effectively abolished the death penalty without legislative consent.
Despite international efforts toward abolition, Amnesty International reported an increase in executions while noting that “in 2023, the lowest number of countries on record carried out the highest number of known executions in close to a decade,” with 144 countries now considered abolitionist in law or practice.
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