Taipei High Court rules death penalty not inconstitutional, but sets limits

A petition filed by 37 death row inmates was rejected, but with a call to apply it only in ‘exceptional’ cases. The last execution dates back to 2020. Criticism from the Kuomintang, which calls the judges' verdict a “de facto abolition”. Amnesty International Taiwan speaks of a ‘step forward’ and asks the government to declare an official moratorium.

Taipei (AsiaNews) - Taiwan will continue to maintain the death penalty, but will have to apply it only in ‘exceptional’ cases. This was established yesterday by the Constitutional Court of Taipei, in a ruling that - while not accepting the request to declare death sentences unconstitutional - nevertheless indicates some significant limits in their application.

And it represents another important point of distinction with respect to the People's Republic of China, which - although it does not release official data - is considered by human rights organisations to be the country in the world where by far the most death sentences are carried out each year.

Taiwanese legislation provides for the possibility of the death penalty for certain crimes including murder, high treason, rape and kidnapping. The last execution in Taiwan took place in 2020. The case before the Constitutional Court was raised by Wang Xinfu, the oldest person on Taiwan's death row, with a petition also signed by the 36 other inmates in the same condition.

In its ruling, the High Court ruled that the death penalty is in accordance with Taiwan's Constitution, but should only be applied in ‘exceptional’ cases. Although the right to life is protected by the Constitution,' said Constitutional Court President Hsu Tzong-li, “this protection is not absolute”.

At the same time, however, he added, as ‘the punishment is most severe and irreversible in nature, its application and procedural safeguards - from investigation to execution - must be subject to strict scrutiny’.

The Court did not go into the constitutionality of imposing the death penalty for crimes such as high treason or drug trafficking. But it did rule that it is ‘prohibited’ for ‘defendants with mental health problems, even if they did not influence the crime in the cases in question’.

The issue of the death penalty is also a political issue in Taiwan. The deputies of the Democratic Progressive Party (DPP) - to which Chairman Lai Ching-te belongs - are overwhelmingly in favour of abolition and said yesterday that they would respect the court's recommendation. In contrast, the Kuomintang - the nationalist party closer to Beijing - criticised the ruling, arguing that it would be a ‘de facto abolition’ of capital punishment. In opinion polls, support for the death penalty still prevails among the population.

For his part, the director of Amnesty International Taiwan, E-Ling Chiu, hailed the ruling as ‘a small step forward for human rights in Taiwan. The Constitutional Court has strengthened human rights protections for those sentenced to death.

However, the death penalty remains in place for several crimes. This marks a start in Taiwan's journey towards abolition, and we must make sure it does not stop there'.

Concern remains ‘that this decision effectively puts nearly 40 people at risk of execution,’ he added. ‘We urge the Taiwanese government to immediately establish an official moratorium on executions as an essential first step. The death penalty is inherently cruel and does not make us safer'.

Photo: Flickr / kaurjmeb