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Taiwan Court Limits Death Penalty in Compromise Ruling
(Bloomberg) -- Taiwan’s Constitutional Court upheld the legality of the death penalty but moved to limit its use, in a decision that strikes a balance between keeping the punishment’s deterrent effect and preventing its abuse.
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The court on Friday affirmed the constitutionality of capital punishment but restricted its use to only the most serious crimes under a strict process. The ruling amounts to a compromise as international pressure builds for abolition while Taiwanese residents continue to support harsh punishment to deter offenders.
“The right to life is certainly the most important constitutional right, but there are exceptions to its protection,” said Chief Justice Hsu Tzong-li. But he added that “the most stringent due legal procedures should be followed” in death penalty cases.
The court determined that the death penalty must be passed unanimously by judges, and authorities must ensure those accused of the most serious crimes are properly represented by a lawyer. The court also banned capital punishment for the mentally ill. Authorities should amend laws within two years to reflect the decision, he said.
While the death penalty was upheld as a form of punishment, the court ruled that current laws that prescribe the death penalty without regard for the severity of a crime are unconstitutional, such as one that mandates the sentence for those who murdered captives held for ransom.
The announcement followed a legal challenge by roughly three dozen petitioners on death row, who argue the penalty violates Taiwan’s constitution. Executions are carried out by shooting, though the law allows lethal injections.
Although not a member of the United Nations, the democratically ruled island voluntarily complies with international norms. In 2009, lawmakers ratified the UN’s two covenants on human rights, one of which calls for the abolition of the death penalty.
UK Prime Minister Keir Starmer visited Taiwan as recently as 2018 to lobby against capital punishment. There have been only two executions since the ruling Democratic Progressive Party took power in 2016, and none since April 2020.
The Constitutional Court upheld capital punishment for serious drug cases in 1999 but in recent years its rulings have led to significant change in Taiwan. A decision in 2017 led to Taiwan becoming the first place in Asia to allow same-sex marriage.
A May poll by the Taiwanese Public Opinion Foundation found nearly 85% of respondents favor keeping capital punishment, a sentiment acknowledged in the court decision.
The opposition Kuomintang strongly supports the penalty, while the ruling DPP says the issue should be handled carefully, leading to calls for it to take a clearer stance.
“The government has never clearly stated its stance, but the DPP has been relatively in favor of abolishing capital punishment,” said Lin Hsinyi, executive director of the Taiwan Alliance to End the Death Penalty.
The DPP kept the presidency but lost its parliamentary majority in January’s elections, and has been facing increasing legislative challenges from the Kuomintang and its allies.
More than 70% of countries around the world have abolished capital punishment in law or practice, according to the US-based Death Penalty Information Center, which monitors the use of the punishment.
Countries in Asia that retain the death penalty for ordinary citizens include Bangladesh, China, India, Indonesia, Japan, Malaysia, North Korea, Pakistan, Singapore, Thailand and Vietnam, according to Amnesty International.
South Korea and Sri Lanka are among nations that have capital punishment on the books but haven’t executed anyone over the past 10 years, the rights group said.
Iran carried out the most executions of any nation around the world last year, with more than 850 people put to death, Amnesty says. The top two countries in Asia for executions last year were Bangladesh and Singapore, with five each, it said, adding it had no data from secretive North Korea, which is suspected of carrying out several executions.
--With assistance from Samson Ellis, Adrian Kennedy and Cindy Wang.
(Updates with decision.)
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