Taiwan’s recent Review Meeting on the Two International Human Rights Covenants has spotlighted the contentious issue of the death penalty. Concluding its three-day session, the review emphasized Taiwan’s compliance with international human rights standards, focusing on the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Given Taiwan’s non-member status in the UN, this mechanism serves as an alternative affirmation of its commitment to human rights.
This year, the review noted a steady decline in the use of capital punishment in Taiwan. However, concerns were expressed over the government’s use of public opinion polls to justify executions, prompting a call for a moratorium on the death penalty. More details on these deliberations can be found in the review report.
A notable case that has stirred legal and public discourse is that of Ou-Yang Jung, a death row inmate whose case continues to affect Taiwan’s legal landscape even after his death in January. Convicted in 2011 for murder and corpse abandonment, his case exemplifies the complexities of Taiwan’s capital punishment system. This year, the Prosecutor General filed an extraordinary appeal in Ou-Yang’s case, reflecting broader judicial reforms stemming from the 2024 Constitutional Court Judgement No.8.
The judgement established stricter criteria for imposing the death penalty, specifying that it must apply only to “the most serious offences” and meet stringent due process requirements. This has led to a reassessment of 37 cases, with several subjected to extraordinary appeals. Recent appeals filed include those for Huang Chun-chi, Chen Yi-lung, Wang Hung-wei, and Kuo Chun-wei.
Taiwan’s legal framework still retains the death penalty for certain crimes, like murder and drug offenses, and previous constitutional judgements have upheld its legality. Nonetheless, the Constitutional Court’s 2024 ruling has injected new rigor into the criteria for capital punishment, leaving both proponents and opponents of the death penalty divided.
Proponents of capital punishment view the tightened thresholds as a soft abolition, while opponents believe the judiciary’s endorsement of its constitutionality undermines efforts to eliminate the death penalty altogether. The current legal environment, influenced by this ruling, suggests a potential reevaluation of cases and a cautious move towards reform, reflecting Taiwan’s complex societal and legal balance on this issue.
With the recent meetings and the Constitutional Court’s judgement, Taiwan is poised at a crossroads, contemplating the future of its capital punishment laws in a society where public opinion continues to favor its retention. As these discussions unfold, Taiwan’s legal community remains vigilant to the ongoing evolution of its criminal justice system.