capital punishment, death penalty in Taiwan  
     
The cruel penalty remains broadly popular
    
   world No. 1 in   2020~25,  2017~19,  2016 2015,  2014,  2013 2010~12       Top  since 1998     

 


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Taiwan

                  Taiwanese don't trust judges

 why trust death penalty judgments ?

 
 

Bloomberg, 2024-9-20:The court affirmed the constitutionality of capital punishment but restricted its use to only the most serious crimes, while emphasizing the need for better safeguards. The ruling reflects a compromise between international pressure for abolition and domestic support for harsh punishment to deter offenders.More than 70% of countries around the world have abolished capital punishment in law or practiceIn 2009, lawmakers ratified the UN’s two covenants on human rights, one of which calls for the abolition of the death penalty.  A May poll found nearly 85% of respondents favor keeping capital punishment.  The opposition Kuomintang (KMT) strongly supports the penalty, but the DPP has been relatively in favor of abolishing capital punishment yahoo.com/news/top-taiwan-court-rule-legal-230000763.html?fr=sycsrp_catchall

 

Amnesty International, 2024-9-20: The Taiwanese authorities must now amend the relevant provisions within the two-year timeframe given to ensure fundamental safeguards are put in place. Taiwan did not exclude those with mental and intellectual disabilities from the use of the death penalty completelyWe urge the government of Taiwan to immediately establish an official moratorium on executions as a first critical step. The death penalty is inherently cruel and does not make us safer.  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 death penalty violates the human right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, as reflected in the development of international human rights law and standards.  amnesty.org/en/latest/news/2024/09/taiwan-constitutional-court-recognizes-fundamental-flaws-in-death-penalty-but-fails-to-abolish-it/

 

Human Rights Watch, 2024-9-23: Taiwan's top court ruled that the death penalty was constitutional with greater protections,  permits the continued use of the inherently cruel punishment.  The court's new judgment aimed to strengthen due process rights, including by requiring unanimous sentencing by a panel of judges.  The court missed a major opportunity to abolish this inherently cruel practice“Taiwan's government should take the next step and immediately place a moratorium on death penalty use.”...a new requirement that the suspect or the accused must be represented by a lawyer during the investigation and police inquiry stages for the “most serious” crimes.  Since 2002, all executions carried out have been for the crime of murder, most recently in 2020.“Taiwan could cement its reputation as a regional leader on human rights issues by abolishing the death penalty,” Henderson said. “The risks of a wrongful, irreversible punishment should be off the table entirely.” hrw.org/news/2024/09/23/taiwan-top-court-upholds-death-penalty-protections

 

Reuters, 2024-9-20: The death penalty remains broadly popular according to opinion polls, though in recent years it has only rarely been carried out and violent crime is relatively low.

 

EFE, 2024-9-20: During the last eight years of government of the Democratic Progressive Party, only two people were executed in Taiwan, a figure that contrasts with the more than 250 deaths recorded in the 1990s.  Taiwanese people, despite holding progressive views on a wide variety of social issues, advocates the maintenance of the death penalty.  Nearly 86 percent of the island’s citizens are against abolishing the death penalty, according to a study carried out by the National Chung Cheng University of Crime Research Center in 2023.

efe.com/en/latest-news/2024-09-20/taiwans-top-court-upholds-constitutionality-of-capital-punishment-but-limits-its-use/

 

United Daily  (Taiwan, 聯合報), 2024-9-22: The court shows kitsch style, not only wants to achieve the goal of abolishing death penalty, but also wants to gain political benefit/dividents (政治紅利); their judgment concerning capital punishment is like fraud tactics.udn.com/news/story/7338/8242825?from=udn_ch2_menu_v2_main_cate

 

DW (Germany), 2024-4-24: Taiwan's long-awaited debate on the death penalty is considered a historic step that human rights groups believe will decide the future of capital punishment in Taiwan / 

a majority of Taiwanese oppose the abolition of the death penalty

☉ tv.Guardian, DW video: Taiwan's claim to be a regional bastion of human rights is undermined by its retention of capital punishment, activists say.
attorney: " If we can understand the process of a criminal's downfall, why do we focus on killing the fallen angel while overlooking the Satan who led them astray?"

co-executive director of the Death Penalty Project "Taiwan has said for many years that they're on a road to abolition," Lehrfreund told DW. "But my question is, is that road too long politically and that not enough progress has been made politically to move away from the death penalty?"
According to a 2022 report by Amnesty International, close to three-quarters of governments around the world have abolished the death penalty in law or practice, almost none of which ended the death penalty due to the public demand or support for it,  the public "followed the political lead or the judicial lead" and have eventually accepted abolition.   Human rights groups believe constitutional interpretation could pave the way for formal abolition of death sentences...

the issue is often being used as "some kind of political maneuvering."

  dw.com/en/taiwans-death-penalty-and-debate-over-constitutional-rights/a-68909105  Yuchen Li 

 

Taipei Times (Taiwan), 2024-4-24:

Attorney Nigel Lee (李念祖) said it has yet to be proven that the death penalty deters crimes and offers retributive justice to victims“The death penalty is a cruel and unusual punishment. In practice, death sentences could be meted out unreasonably,”“If the law does not allow people to resort to violence to resolve a violent crime, then judges should have no right to do so either.”
A Ministry of Justice survey showed that Taiwanese could support abolition if there are supporting measures.
Ministry of Justice: the Constitutional Court has always ruled that the death penalty is constitutional.  The death penalty is handed down based on the principle of culpability and shows that people must be responsible for their actions

National Chung Cheng University, prof:  using life imprisonment with the possibility of parole is unfeasible. Situations in Taiwan have shown a high recidivism among those who were sentenced to a number of years in prison, which also shows that such a method cannot deter crime.

 taipeitimes.com/News/front/archives/2024/04/24/2003816864   Shelley Shan

 

China Times (中時) editorial, 2024-4-6: The current society still has a strong thinking that criminals should be punished.  If the Constitutional Court's judgment in the future goes against the overwhelming majority of public opinion, it will inevitably cause a huge impact on society. The justices have issued Interpretations No. 194, 263, and 476 (死刑是否違憲釋字) all believed that the death penalty in the law is constitutional and does not violate the Constitution's intention to protect  people's right to exist.  Based on the fact that more than 80% of public opinion supports the death penalty, the Legislative Yuan and the ruling Democratic Progressive Party will not dare to rashly amend the law and abolish death penalty.   

 

United Daily (聯合報) editorial, 2024-2-29: Many people are opposed to abolishing the death penalty, mainly because of poor public security, declining social ethics, and endless cruel criminal cases  udn.com/news/story/7338/7798534?from=udn_ch2_menu_v2_main_cate

 

DW (Germany), 2022-10-23: German parliamentary human rights committee delegation (Peter Heidt, Heike Engelhardt, Derya Türk-Nachbaur , Michael Brand , Carsten Brodesser )  arrived at Taiwan and discussed human rights issues including the death penalty with their Taiwanese counterpartsCapital punishment is still a statute on the books in Taiwan.   dw.com/en/german-lawmakers-arrive-in-taiwan-amid-tensions-with-china/a-63530806   msn.com/en-us/news/world/german-lawmakers-arrive-in-taiwan-amid-tensions-with-china/ar-AA13hMCZ

 

 

 

          

pic. :No.1 "台灣死刑"(Taiwan capital punishment) on Yandex of Russia,  2024-5-13, 2024-4-8, 2023-11-27; No.2 at 2024-1-14;  No.1 "評論台灣死刑" ("Taiwan death penalty comments") on Bing, 2024-5-3

 

 

         

pic. left: No.2 "death penalty in Taiwan" on Yandex, 2024-9-22, 2024-4-8, 2024-1-14, 2023-11-27, 2022-10-9, 2022-9-10, 2022-2-13;  No.2 "Taiwanese death penalty" on Yandex, 2024-5-13, 2024-4-8, 2024-1-14, 2023-11-27, 2022-9-10

 

 

 

 

Yahoo, UDN, China Times (Taiwan), 2024-1-10 youtube.com/watch?v=BpiVdPCdhf8  :  Taiwan presidential candidate Hou (侯友宜) opposes abolishing death penalty.  According to poll by 《ETtoday新聞雲》, only 7.7% of respondents support abolition of death penalty (capital punishment).

 

 Taipei Times, etc, 2022-9-13: DETERRENT: About 88 percent of respondents said capital punishment helps prevent serious crimes, while nearly 89 percent were dissatisfied with the pace of executions

 86.9 percent of respondents opposed the abolition of capital punishment in Taiwan, 88.8 percent were dissatisfied that the Tsai administration carried out only two executions over the past six years.  The poll also showed that 73.6 percent are dissatisfied with public safety in Taiwan, while 25.5 percent are satisfied.   taipeitimes.com/News/taiwan/archives/2022/09/13/2003785231

 

 justsecurity.org, Focus Taiwan, Taipei Times, etc, 2022-5-13: Invited by Taiwan's government, an international human rights experts panel (Manfred Nowak of Austria,  Eibe Riedel, Germany,  Heisoo Shin, S Korea,  Rosslyn  Noonan, New Zealand, Shanthi Dairiam , Malaysia, Peer Lorenzen, Denmark, William Anthony Schabas , Canada, Rukka Sombolinggi, Indonesia,  Virginia Bonoan-Dandan, Philippines, Miloon Kothari, India  ) conducted a five-day review from May 9-13 in Taipei of the country's implementation of two United Nations' human rights-related covenants, namely the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
international panel experts called on Taiwan to end the “cruel and degrading” practice of capital punishment.  The nine-member group said it was "extremely disappointed" at the failure of Taiwan's government to address the issue"Taiwan is already among a very, very small number of countries in the world that still retain the death penalty, and the arguments that are time and again, repeated by the government, are far from convincing,"  experts said the "cruel, inhuman and degrading" punishment was in violation of ICCPR's Article 6 and 7.    Taiwan's Cabinet spokesperson Lo Ping-cheng (羅秉成) said that ... but there is a lack of public consensus on the matter.

 

  Japan Times, 2022-1-4 : Taiwan's claim to be a regional bastion of human rights is being undermined by its retention of capital punishmentCapital punishment remains popular in Taiwan.  Despite its frequent use against dissidents during decades of martial law, most polls show Taiwanese still support the death penalty even as the island has become one of the most progressive democracies in Asia.  Taiwan president Tsai has called abolishing capital punishment "a difficult issue to deal with" due to the lack of support from the public that would require "a long process, a long time" to change.  brief

 

  South China Morning Post (Hong Kong), Jan. 2022: Taiwanese death row inmate's case turns focus on use of capital punishmentCampaigners say Wang Xin-fu, the island's oldest death row prisoner, was wrongly convicted for the murder of a policeman in 1990  scmp.com/news/china/politics/article/3162028/taiwanese-death-row-inmates-case-turns-focus-use-capital
 
Japan Times,  2022-1-4: Activists claim there are "obvious flaws" in the conviction of Wang Xin-fu, Taiwan's oldest death row prisoner, from inconsistent testimony, allegations of police torture against a witness, a lack of motive and no fingerprints. 
 ♣ New York Times,  2022-1-21: Taiwanese prosecutors formally charged a suspect with homicide and arson... she "intended to make her boyfriend embarrassed and regretful by setting the fire, which caused major disasters and claimed innocent lives," and she "showed no regrets after committing the crime"... the prosecutors would seek the death penalty. nytimes.com/2022/01/21/world/asia/taiwan-fire-ghost-building-suspect.html

 

  National ChungCheng University (國立中正大學), 2022-2-14: study found 76.3%Taiwanese  poll respondents oppose abolishment of death penalty,18.7% agree, but supporting measures neededdeptcrc.ccu.edu.tw/index.php?option=module&lang=cht&task=pageinfo&id=432&index=1

 

 Amnesty International, June, 2021, amnesty.org/en/wp-content/uploads/2021/06/English.pdf ; amnesty.org/en/location/asia-and-the-pacific/east-asia/taiwan/report-taiwan/ 
Death penalty /  
Amendments to the Prison Act in January resulted in changes to the Regulations for the Execution of the Death Penalty in July. The amended regulations still allowed death sentences for individuals with psychosocial or intellectual disabilities.  Taiwan's authorities made no progress towards abolition during the year and continued to carry out executions.

 

 Amnesty International, 2021-4-21: Egypt,  ... India, Oman, Qatar and Taiwan also resumed executions.  “The death penalty is an abhorrent punishment and pursuing executions in the middle of a pandemic further highlights its inherent cruelty.   (amnesty.org/en/latest/news/2021/04/death-penalty-2020-despite-covid-19-some-countries-ruthlessly-pursued-death-sentences-and-executions/)

 

TIME, 2021-4-21 : Taiwan also went against the global trend of abandonment of capital punishment and resumed executions. At a global level, all countries that have not yet repealed this punishment should end these state-sanctioned killings for good.  news.yahoo.com/death-penalty-declines-global-recorded-020104652.html?fr=sycsrp_catchall
 

Taiwan News, 2021-4-22 : The" Death Sentences and Executions 2020" report by Amnesty International lists Taiwan as one of the 18 nations that carried out the death penalty in 2020.  Taiwan's Minister of Justice Tsai Ching-hsiang (蔡清祥) said on April 21, 2021 that Taiwan remains on track to abolish capital punishment despite an execution and five death sentences last year.  

taiwannews.com.tw/en/news/4184012
 

 

 

 pic.:   No.1 "Taiwan death penalty" on Bing , 2022-10-9, 2022-3-25,  2021-6-24, 2021-5-16, 2021-4-15;  No.2  "Taiwan death penalty" on Bing , 2022-2-21

 

 

 

 

pic. :  No.1 "death penalty in Taiwan" on Microsoft Bing , 2022-10-9, 9-5-2020,  4-3-2020
 

 

 

 


UDN, 2021-2-26:  According to a survey by National Chung Cheng University, 41.5% poll respondents oppose abolishment of the death penalty, 31.7% disagree but would like to reconsider the issue of abolishment of the death penalty if supporting measures available.  3.1% said they would like to see the death penalty abolished nationwide.  The research found majority of Taiwanese still support heavy punishment for felonies.

udn.com/news/story/7321/5279400

 

◆  Next TV news, Apple Daily news, 2021-5-10: Taiwan law maker and KMT general coordinator in Legislative Yuan slammed Health Minister 陳時中 : "you should be punished by death penalty for ignoring such a big loophole leading to CovID-19 cluster infection" (「根本應該被槍斃」)  tw.appledaily.com/politics/20210510/ZDNNJRMKIREGRBME66N5EXJISU/   ;  later slammed again - if things go worse, just shoot him 10 times !

AFP, 2020-4-3 : International and local rights groups urged Taiwan to immediately announce a moratorium on executions and set a timeline for complete abolition.  "The government said its policy is to gradually abolish the death penalty but it took opposite action to carry out its second execution ...This is certainly a regression in human rights.
Jurist 4-3-2020: The Federation for Human Rights, the Taiwan Association for Human Rights (TAHR) and Covenants Watch said they cast “serious doubts on Taiwan President Tsai Ing-wen’s commitment to human rights.”

  ★   80% Taiwanese people don't believe Taiwan justice, why do Taiwanese support judicial system's death-penalty judgments ?  Do they have deep knowledge about the case ? or just want some deaths to keep themselves safer ? 
  ★ yUSA Country Reports on Human Rights practices,  2021-3-30:  Some political commentators and academics, however, publicly questioned the impartiality of judges and prosecutors involved in high profile, politically sensitive cases.  click to see Taiwan judiciary.

National CCU (國立中正大學犯罪研究中心) survey 2020-2-21: 77.4% Taiwanese people disagree abolishing death penalty ―  46.3% of them totally disagree abolishing death penalty,  31.1% of them basically disagree, but would reconsider the issue if  complementary measures or supplementary measures provided.   The percentage of previous year is 79.6%.    14.2% of the public basically agree abolishing death penalty if  complementary measures measures provided.  only 2.7% totally agree abolishing death penalty,1.2% decreased compared to that of previous year.

www005006.ccu.edu.tw/upload_file/bulletin/15822582689848.pdf

   

 

         

                     

   pic. right: No.1 "Taiwan's death penalty" on Baidu of China,  2021-5-9

 

 

 

 

 

 

 

pic. : International Federation For Human Rights Motion condemns the use of death penalty in Taiwan, 10-25-2019
(Taiwan encroaches the human rights and violates CICCPR - The International Covenant on Civil & Political Rights)

https://www.fidh.org/en/issues/death-penalty/motion-condemning-the-use-of-the-death-penalty-in-taiwan-particularly

 

 

   

 

     

 


80% Taiwanese people don't believe Taiwan justice, why do Taiwanese support their death-penalty judgments ?
 

The European Union, Bruxelles, 31/08/2018: The execution in Taiwan ends the moratorium on the application of the death penalty that had de facto been in place since May 2016.   The European Union is unequivocally opposed to the use of capital punishment.  It is a cruel and inhumane punishment, which fails to act as a deterrent and represents an unacceptable denial of human dignity and integrity.   the European Union looks to the Taiwanese authorities to immediately reintroduce a moratorium on the death penalty, as recommended by international experts in March 2013, as a first step to its total abolition. (brief)

 

 

 

 

 

 

◆  Death penalty is a hot controversial issue, but none of Presidential candidates talks about it, even in their official policy speech / Apple Daily, 12-25-2019
 

pic. left:  Right before Presidential election, Taiwan P.M. initiates a topic of death penalty issue /  Apple Daily, 10-26-2019
   ps: Apple Daily, editorial 7-17-2018 : The use of death penalty should not be served as political tools in democratic country  ......

         The United Daily News,  Taiwan, 6-7-2015:
Justice should not be a tool for politics,  It's not civilized that carrying out the executions reeks of
 political calculations by a government attempting to gain points by quelling public anger.
 


pic. middle:
100+ countries in FIDH condemns Taiwan seriously infringes the human rights of prisoners and violates <CICCPR -
The International Covenant on Civil & Political Rights> / UDN, 10-26-2019


pic. right:  Taiwan keeps taking double-faced tactics -  declaring
abolishing the death penalty while facing international pressures,  however,
 using capital punishments to fool voters while facing elections 
/ UDN, 10-26-2019

 

Taiwan News 11-5-2019: Taiwan PM Su says criminals who have committed serious crimes deserve the death penalty. 

Tsai said the Ministry of Justice takes great caution handling the capital punishment cases. He added that the speed of the execution differs
 from case to case and there is not a fixed time schedule for death penalty.

 

 

 <AMNESTY INTERNATIONAL >, UK, 8-31-2018: deeply disappointing that Taiwan resumed the implementation of a cruel punishment, an act that casts a shadow over Tsai’s presidency, after President Tsai Ing-wen had stated clearly that her government aims to abolish the death penalty.   The death penalty is the ultimate denial of human rights and can never deliver justice or accountability. (brief)

British Labour Party, MP (member of parliament) Keir Starmer, etc in Taiwan's Apple Daily, 10-1-2018 : Taiwan's international status and reputation are in critical condition or grave danger for that Taiwan resumed the implementation of death punishment recently, Taiwan retreats a big step, don't let media opinions influence this issue.   ( translation - 英國工黨國會議員施凱爾等: 死刑處決讓台灣國際聲望與地位全都岌岌可危, 台灣已往後倒退一大步, 勿讓輿論主導死刑存廢 - brief)  This was also reported by the United Daily 10-5-2018.

<AMNESTY INTERNATIONAL >:The execution of six people in Taiwan is a regressive decision, politically motivated decision that does not deliver justice. / Taiwan's Apple Daily 4-7-2016.  
 Apple Daily, opinion, 6-9-2018 : There's no objective standard of death penalty in Taiwan, some people were executed to meet political demands. ( https://tw.news.appledaily.com/headline/daily/20180609/38039200/
 Apple Daily, opinion, 7-17-2018 :  Death penalty execution absolutely should not be used as a tactic to serve other purposes, particularly, turning the political tide, this is what a democratic country suppose to be !

<AMNESTY INTERNATIONAL >: Research demonstrates that the death penalty is often applied in a discriminatory manner, being used disproportionately against the poor, minorities and members of racial, ethnic and religious communities. The death penalty is often imposed after a grossly unfair trial.  Scientific studies have consistently failed to find convincing evidence that the death penalty deters crime more effectively than other punishments.
At June 5, 2015, The EU (
the European Union) calls on the authorities in Taiwan to introduce an immediate moratorium on executions as recommended by international experts in March 2013 following Taiwan's first human rights report, and as observed in Taiwan from 2006 to April 2010.  In 2014, EU expressed regret over Taiwan's death penalty again following executions (FocusTaiwan & BBC, 5.1.2014).  Taiwan's human rights groups questioned Taiwan's execution this time with political purpose (trying to shift the focus on the signing of the service trade agreement with red China, and nuclear factory issue).
Taiwanese people don't quite trust judicial system,
National Chung Cheng university's survey (head-page of the Liberty Times, 2-23-2016) found: more than 84% Taiwanese people don't believe judges, nearly 80% Taiwanese don't believe the impartiality of Taiwan's prosecutors, and public trust on Taiwan judiciary system keeps falling down in the past 8 years.  According to "2012 Taiwan Human Rights Indicator Survey" (Dec. 4, 2012), about 53.5 percent of the respondents gave the protection of judicial human rights a negative rating, compared with 21.4 percent who rated it positively (<Taiwan News> Dec. 5, 2012).
Taiwan has executed death penalty
(1) Taiwan follows public's views (not experts' opinions) (2) Taiwan did not follow his commitment to abolish death penalty (China Times, Dec. 23, 2012).

 

 

Taiwan's former minister of Finance (王建煊) with the revealing title of "Best Minister of Finance in Asia" has a saying:
 "Taiwan's politics is a big dirt, 8 out of 10 politicians deserve death penalty, on the whole nothing's wrong about it " .
 

Unlike ordinary citizens, some politicians abusing their power, and intentionally, cruelly repeating human rights persecutions
might deserve death penalty, or at least heavy punishments.
 

The Hill, 2021-3-28:  We (the US) will be guilty of a similar crime against humanity
 if we stand by and watch slavery or murder happen to Taiwanese...
Similarly, some Taiwanese politicians will be guilty of a similar crime against humanity
 if they stand by and watch persecutions happen to Taiwanese everywhere !
(according to Transitional Justice Committee, Dec.  2020)
Worse than that, some Taiwanese politicians are suspected to commit those persecution crimes.

 


Apple Daily, 9-1-2018: First execution under President Tsai Ing-wen .  The United Daily (聯合報)4-24-2018 Death penalty always is the key issue to influence Taiwanese people's trust on judiciary, the government has not executed death penalty for 2 years ....


<Amnesty International> UK , 2-22-2017

 some positive developments in Three longstanding death penalty cases but several violent incidents sparked public calls for retaining the punishment.

<Amnesty International> UK , 4-6-2016

In "EXECUTING COUNTRIES IN 2015" list, Taiwan ranks No.12. (top 4 are CHINA, IRAN, PAKISTAN, SAUDI ARABIA)    Amid public anger at the murder of an eight-year-old girl in Taipei, the authorities carried out unrelated executions even though in some instances the appeals process had not been exhausted. The Minister of Justice denied that the executions were carried out to assuage public sentiment and stated they had been planned well in advance.


 

<Liberty Times>, <China Times>, toronto.singtao.ca , etc,  4.23.2016

Supreme Court : Death penalty is accordance with the provisions of the Constitutions of ROC Taiwan, all judges should not take 2 conventions of human rights as excuses, capital punishment is for " punishment ", not for  "enlightenment"/"education".


<Amnesty International> UK , 6-5-2015

The execution of six people in Taiwan today is a regressive decision that does not deliver justice, Amnesty International said. ...“The public outrage at the horrific murder of an innocent schoolgirl is totally understandable and the perpetrators of such heinous crimes must face justice, but the death penalty is never the answer,”


The EU ( the European Union) , 6-5-2015    The EU again calls on the authorities in Taiwan to introduce an immediate moratorium on executions

http://eu-un.europa.eu/articles/en/article_16513_en.htm

Following the latest set of six executions in Taiwan on 5 June 2015, the European Union recalls its opposition to the use of capital punishment.
We recognise the suffering of the victims of the crimes involved and express our sincere sympathy to their families. However, the EU reiterates that the death penalty can never be justified and calls for its universal abolition.
The EU calls on the authorities in Taiwan to introduce an immediate moratorium on executions as recommended by international experts in March 2013 following Taiwan's first human rights report, and as observed in Taiwan from 2006 to April 2010.

 


 

Motion condemning the use of the death penalty in Taiwan, particularly the case of Chiou Ho-shun

Delegates of the FIDH 40th Congress,   10-25-2019

Recognize that the Taiwanese government resumed execution of the death penalty in 2010 after a 4-year moratorium and the passage of the Act to Implement the ICCPR & ICESCR in 2009.

Expressing deep concern that the rights of Mr. Chiou Ho-shun, who has spent over 30 years in detention, have been seriously violated. His access to a fair trial was denied due to the loss of physical exhibits during trial, without any opportunity of cross-examination of the witness. According to the recentJudgment of the Asian Human Rights Court Simulation (AHRCS) on the Case Chiou Ho-shun v. Taiwan by the 7 Judges who were human rights experts across the region, it ruled the Taiwaese government violated Articles 7 and 14 of the ICCPR.

Note with grave concern that the execution of the death row inmates living with psycho-social disability violated a series of UN resolutions and standards upheld in the Convention on the Rights of Persons with Disabilities (CRPD). The Guideline of Execution on the Death Penalty of Taiwan should be reviewed and revised to comply with the CRPD.

Note that three death row inmates died in prison this year, including one through suicide. No investigations have been carried out nor reports on these deaths. Currently there are 39 inmates on death row, and no proper procedure is in place for them to seek clemency. Every death row inmate has been constantly under the pressure and risk of being executed at anytime.

Note the fact that the execution is carried out by a single gunman. The psychological pressure and mental health of the executioner has not been taken seriously by the authorities. The secrecy surrounding the execution prevents the family members of the death row inmate from seeing him or her for the last time.

Recall that, during the FIDH 40th Congress in Taiwan, an FIDH international delegation visited the Taipei Detention Center, where Mr. Chiou Ho-shu, has been on death row for the past eight years and is awaiting execution.

Call upon the Taiwanese government to examine the human rights violations against Mr. Chiou Ho-shun, and to provide proper remedies for these violations.

Call upon the Taiwanese government to take necessary action to comply with Articles 6, 7, and 14 of the ICCPR, and the latest released General Comment no. 36. In the meantime, we strongly encourage the Taiwanese to impose a moratorium on the death penalty until its abolition.

Call upon the Taiwanese government to review the Guideline of Execution on the Death Penalty and to revise the items which violate the Convention on the Rights of persons with Disabilities (CRPD).

Call upon the Taiwanese government to review the procedure of clemency, and to ensure the effectiveness of the procedure.

Call upon the Taiwanese government to investigate the social and psychological conditions of the death row inmates, and to improve their treatment in detention.


 


 
The United Daily News,  Taiwan, 6-7-2015

       Taipei mayor Ko stated : Justice should not be a tool for politics,  It's not civilized that carrying out the executions reeks of political calculations by a government attempting to gain points by quelling public anger.  The eyes of lady justice (Themis) should be masked -  Justice should be independent and fair, not be served as a political tool to reflect public will.


<Amnesty International> UK , 2-25-2015

AI's concerns included Taiwan’s continued use of capital punishment, prison conditions, etc.
 It said little progress has been made toward the abolition of the death penalty as Taiwan continued to impose death sentences and carry out executions. It also cited the “overcrowding, unsanitary conditions and lack of adequate medical care” in Taiwanese prisons and detention centers.

 

National Chung Cheng university's survey head-page of the Liberty Times,  2-23-2016

      83% Taiwanese people are against the abolition of  capital punishment.

 

<BBC>(Chinese version on the net),  4.30.2014, <Focus Taiwan>, 5.1.2014death penalty

EU expresses regret over Taiwan's death penalty again following executions (5.1.2014).  Taiwan's human rights groups questioned Taiwan's execution this time with political purpose (shifts the focus on the signing of the service trade agreement with red China, and nuclear factory issue).  Taiwan government (Ministry of Justice) denied this.

<BBC> , <Amnesty International> UK , Dec. 22, 2012

Taiwan has executed six death row inmates, the first use of the death penalty this year...

Campaigning human rights group Amnesty International has condemned the move as "cold-blooded killing".

The executions - by shooting - "made a mockery of the authorities' stated commitment to abolish the death penalty", Amnesty said in a statement.

"It is abhorrent to justify taking someone's life because prisons are overcrowded or the public's alleged support for the death penalty," the statement said.


<Amnesty International> UK ,  2013 report 
(
http://www.amnesty.org/en/region/taiwan/report-2013 )

Six men were executed – all in December; 55 prisoners were awaiting execution and had exhausted all appeals. From December, hearings of all death penalty cases at the Supreme Court were required to include oral arguments on sentencing and related issues by both prosecution and defence lawyers. The panel of judges would then also take into consideration the opinion of victims’ families in determining the sentence.

On 31 August, after 21 years of litigation, the High Court reconfirmed a “not guilty verdict” and freed the “Hsichih Trio”. Other death penalty cases similarly involving torture and forced confessions remained unresolved.

  French Ministry of Foreign , and European Affairs, Dec. 26, 2012

France has condemned the execution of six death-row inmates by Taiwan A statement issued by the French Ministry of Foreign and European Affairs said Paris “condemns the execution of six sentenced to death in Taiwan [on] December 21, 2012."

France urged the restoration of the moratorium on capital punishment observed in Taiwan between 2006 and 2010 and called on the country to “open a national debate on the future of the death penalty.”... The international human rights group criticized the Taiwanese government for breaking its previous commitments to abolish the death penalty and failing to fulfill its international legal obligations under the UN human rights covenants of which it is a signatory — the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights...
2 experts — Manfred Nowak, a professor at the University of Vienna, and Eibe Riedel, a member of the UN Committee on Economic, Social and Cultural Rights — wrote to Ma last month asking him to guarantee that no executions would be carried out before their visit.

<Washington Post>, USA, Dec. 22, 2012

...But Wang Chien-hsuen, head of the government watchdog Control Yuan, said Taiwan should keep capital punishment to maintain justice and public safety. “Many people have advocated abolishment of capital punishment to follow the international trend, but we should have our own standards,” Wang said. In a statement, human rights group Amnesty International condemned Taiwan’s government for “credibly claiming it wants to see an end to the death penalty when it continues to conduct such actions.”...

<Amnesty International>, <European Parliament> members,   Dec. 23, 2012 (rpt by <Taipei Times>)

Taiwan has breached its commitments: EU

Taiwan came under pressure from the EU, European Parliament members and Amnesty International, who said it has failed to honor its commitment to end the death penalty after it executed six death-row inmates on Friday, bringing the number of people executed to 15 in the past three years, following a more than four-year hiatus since late 2005.

In a statement released via the European Economic and Trade Office in Taipei ... the action “goes against the abolitionist trend worldwide.”

The EU is opposed to the death penalty in all cases and has repeatedly called on authorities to establish a legal moratorium as a matter of urgency and to work toward abolishing the death penalty.

Ashton said the EU recognized the suffering of victims and their families when faced with terrible crimes and expressed its sincere sympathy to them, but that it believed that the abolition of the death penalty enhanced human dignity and the progressive development of human rights.

The EU also opposes the use of the death penalty because the sentence “does not serve as an effective deterrent” to crimes, and because “any miscarriage of justice, which is inevitable in any legal system, is irreversible,” Ashton said.

Ashton called on the Taiwanese government to avoid undertaking new executions, but instead to take concrete steps toward reducing the use of capital punishment to allow a de facto moratorium to resume.

Central News Agency reported from Brussels that Barbara Lochbihler, chair of the Subcommittee on Human Rights in the European Parliament, said that she viewed Friday’s executions as a breach of Taiwan’s commitments.

★  <Amnesty International >, London, UK, May 24, 2012

Taiwan handed down more death sentences in 2011 than in any year in the past decade, despite stating that its long-term goal was abolition of the death penalty.

★  <Amnesty International >, London, UK, May 13, 2011

Amnesty International's  annual report 'The State of the World's Human Rights 2011'

Taiwan was criticized over issues to do with the death penalty, freedom of expression, justice and migrants' rights.

Amnesty International Taiwan deputy secretary-general Yang Tsung-li  criticized the government, saying it used a lack of public consensus as an excuse to uphold capital punishment.

The executions last year were carried out one day after a hearing on the issue, and the executions in March came less than one month after Ma offered an apology to the family of Chiang Kuo-ching (江國慶), who was found to have been wrongfully executed.

The report also criticized Taiwan’s government for what it said was its failure to deliver on promises to amend the Assembly and Parade Act (集會遊行法) that limits citizens’ rights to assembly and free speech.

It also voiced concerns over the slow progress to enact a judges’ act to address corruption scandals involving high court judges and over the working conditions of migrant workers.


<United Daily News> Taiwan ,  Dec. 11, 2012
 
In Human Rights Day, Taiwan's minister of Justice (法務部長) : Taiwan definitely will execute death penalty according to the law (won't be affected by international opinions), but does not have time-schedule ...


<the Liberty Times> , April 21, 2012 

Taiwan Alliance to End the Death penalty executive director said the saying about abolishing capital punishment in Taiwan's first human rights report released yesterday is a lie in public (公然說謊)...


<the Liberty Times> , Dec. 11, 2012 
DPP's Policy Research Committee: a recent poll indicates that 67 % of Taiwanese are dissatisfied with the government's protection of judicial human rights. (
司法人權), 64.9% of Taiwanese are dissatisfied with political  human rights. (政治人權)...


<China Post>,  Dec. 11 2012
DPP chairman: Taiwan currently faces two major human rights crises: prosecutors that abuse their powers to persecute the people, ... a recent poll indicates that 62.3 % of Taiwanese are dissatisfied with the government's protection of human rights.


<Taipei Times>, Dec. 8, 2012
A
ccording to a survey of public opinion by the government-affiliated Taiwan Foundation for Democracy (conducted by Shih Hsin University),... Corruption was the target of the greatest public dissatisfaction, scoring 1.9 points. It was followed by the government’s ability to respond to people’s needs, which garnered 2 points, and external interference in judicial rulings, at 2.1 points.


<Taipei Times>, Dec. 11 2012
The Democratic Progressive Party: The erosion of human rights under KMT's  administration, in particular regarding the judiciary and media, has placed Taiwan’s proud democracy in jeopardy and requires attention from the international community...


<Apple Daily News> ,  Dec. 5, 2012
 
Acording to "2012 Taiwanese Human Rights index survey" (conducted by 中華人權協會), 17.9% Taiwanese think Taiwan's overall human rights in progress, 36% think it is in retreat, 25.8% Taiwanese think Taiwan's political human rights in retreat, 17.1% think it is in progress, 38.4% Taiwanese think Taiwan's judiciary human rights in retreat, 13.1% think it is in progress.

<Apple Daily News> Editorial,  Mar. 6, 2012 

In July, 2011, the Taiwan's Dept. of Defense already gave penalty to those generals involving the Chiang Kuo-ching(江國慶)  legal case (The Air Force wrongfully executed a little soldier by mistake or by intension to treat him as a goat), why do they open this to the public till now? .....

It is ridiculous that those officials and generals only got minor punishments, e.g., major demerit, minor demerit, defamation punishment ......, top-positioned generals still can have veteran pension paid by Taiwanese people's taxes.   It's  particularly too ridiculous that those officials had already retired, so those army's punishments like major demerit, minor demerit, etc are totally lost the function (useless) to them...
(ps: Chinese editorial :   ... 江國慶冤案之慘已不必重複。但對他嚴刑拷打、屈打成招、畫押槍斃的軍官們,國防部的懲處是什麼?大家護好牙齒,說出來不要笑掉大牙。與案情有關的23人,從申誡一次到大過兩次不等,其中空軍總司令黃顯榮、作戰司令陳肇敏...等上將劊子手們,被處以申誡到記過不等的處分,退休俸不受影響。很好笑吧。更好笑的是這批傢伙大多已退役,現在搞什麼申誡、記過有個屁用,拿老百姓當白癡啊!......江國慶案的處分,就是欺瞞選民、欺負選民、不正直、不道德,勝之不武,不知羞恥…… )

★  <Amnesty International >, London, U.K., Mar 4, 2011

Executions of five men in Taiwan condemned

Amnesty International has condemned today's execution of five men in Taiwan......
"The Taiwanese authorities have repeatedly stated their intention to abolish the death penalty, but they have - yet again - acted contrary to their own commitments and against the global trend towards abolition of the death penalty," said Sam Zarifi Amnesty International's Asia-Pacific Director.

More than 70 people remain on death row in Taiwan. Family members are not informed about scheduled executions in advance. They learn about the executions afterwards when they are invited to collect the body from the mortuary.

★  <Taipei times>,  Mar 5, 2011

Five executions spark concern in EU, Germany

In a statement issued following the executions, EU High Representative for Foreign Affairs and Security Policy Catherine Ashton said she deeply regretted the execution and urged Taiwan “not to undertake further executions.”

The German government also expressed concerns over the execution, with Taiwanese Representative in Berlin Wei Wu-lien (魏武煉) being summoned to the German Federal Foreign Office (AA), according to a press release posted on its Web site.

<Apple Daily News> Taiwan  public editorial,   Oct. 12, 2011     by Frederic Laplanche , Europe

UK  ―   Criminal Cases Review Commission : in the past 14 years, 320 cases (decide on a verdict) are misjudged.
USA  ―   From 1973 on,
138 death-penalty prisoners (decide on a verdict)  are misjudged.
Asia
  ―   Many countries like Philippines, Hong Kong, Macau (Macao) etc already abolished the death penalty, Korea has temporary stopped the execution for 13 years...

<BBC >   Mar. 12, 2010

Taiwan's justice minister has resigned after failing to win support for her opposition to the death penalty.

... Ms Wang's comments were criticised by President Ma Ying-jeou, by her own Kuomintang party and by victims of violent crime. An opinion poll compiled after her remarks suggested three-quarters of the Taiwanese public supported capital punishment. ...The last executions in Taiwan were of two people in 2005. A total of 49 people died between 2000 and 2005.


<
Wikipedia >     Oct. 15, 2010     
Controversial death sentences

There are accounts in which the organs were retrieved from the executed prisoners while they were still medically alive.  Torture also exists in the investigation process, which may interfere with the credibility of the verdict......

<ifeng> of HK, <the China Times> of Taiwan, etc        Jan. 29, 2010

◎  National Chung Cheng University : research/studies  ―   more than 60% Taiwanese people doubt of Taiwan's judicial investigation/interrogation/trial ( ps: 司法机關侦審案件) .

Around 54% Taiwanese people worry about they or their families will be victims suffered by criminals ...

<Apple Daily News Taiwan,    April 23, 2010     by  professor , Institute of Sociology, Academia Sinica

...... Taiwanese people don't trust the judicial system, about 88% of Taiwanese think some death-penalties may be misjudgments.

<AMNESTY INTERNATIONAL >   Press Release 30 April 2010  

...... “The world was looking to the Taiwanese authorities to choose human rights, and to show leadership on the path towards abolishing the death penalty in the Asia-Pacific. Today’s executions extinguished that hope,” said Catherine Baber.

The Taiwanese Alliance to End the Death Penalty has raised concerns over the legality of the executions.

The Taiwanese authorities stated today that they are still considering alternatives to the death penalty, but such commitments are of little value while executions continue.

139 countries have abolished the death penalty in law or practice. Amnesty International calls upon the Taiwanese authorities to immediately establish a moratorium on executions and take all the necessary steps to abolish the death penalty in the country.

Background

Amnesty International opposes the death penalty in all cases, as a violation of the right to life and the ultimate cruel, inhuman and degrading punishment.

Amnesty International believes that the death penalty legitimizes an irreversible act of violence by the state. Research demonstrates that the death penalty is often applied in a discriminatory manner, being used disproportionately against the poor, minorities and members of racial, ethnic and religious communities. The death penalty is often imposed after a grossly unfair trial.

But even when trials respect international standards of fairness, the risk of executing the innocent can never be fully eliminated – the death penalty will inevitably claim innocent victims, as has been persistently demonstrated. Scientific studies have consistently failed to find convincing evidence that the death penalty deters crime more effectively than other punishments.

Two resolutions, calling for a worldwide moratorium on executions with a view to abolishing the death penalty, were adopted at the United Nations General Assembly in December 2007 and 2008 by an overwhelming majority of states.

<Taipei Times > Taiwan         Mar. 15, 2010 

EDITORIAL : Taiwan and the death penalty

 ...... Her ( minister of justice Wang Ching-feng (王清峰)) resignation, however, spotlights two weaknesses in the government’s approach to public policy. The first is that the administration is so preoccupied with the economy that it has let other policy issues slide. ......  The death penalty aside, judicial reform has long been promised and is long overdue. ......

The second weakness has to do with the government’s approach to the death penalty itself. The Presidential Office has acknowledged that abolishing the death penalty is a global trend and promised to make an effort to phase it out.......  Innocent people are routinely imprisoned or executed for crimes they did not commit. The reasons are many: flawed evidence, coercive interrogation, political interference and so forth. There have been numerous such cases in Taiwan. ......

<Reuters >   April 30, 2010 

Death penalty returns in Taiwan, 4 executed

Reuters) - Taiwan executed four people on Friday, the justice ministry said, in the island's first cases of capital punishment since 2005 when the sentence became a sensitive political issue.

<European Union> Brussels, press May 1, 2010

Statement by the spokesperson of HR on the resumption of executions in Taiwan

The spokesperson of the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission C. Ashton has issues the following statement today:

The High Representative condemns the executions in Taiwan ...

The High Representative deplores the resumption of executions in Taiwan.   The European Union had been encouraged by the de facto moratorium on executions which had been in place since 2005 and which had been continued by the adm. of President Ma Ying Jeou.

The European Union's strongly held view in favour of the abolition of capital punishment is well known.  The European Union considers that the abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights.  It is the European Union's view that the death penalty does not serve as an effective deterrent, and that any miscarriage of justice, which is inevitable in any legal system, is irreversible.

.......

The European Union urges the Government of Taiwan immediately to resume the de facto moratorium on the death penalty, pending legal abolition, which should include all cases still on death row in Taiwan.  The European Union further urges the Government of Taiwan to resume a policy towards eventual abolition of the death penalty, in line with the global trend towards universal abolition.

Germany,    May. 1, 2010 

 Germany condemns the executions in Taiwan ...

<Amnesty International >   Mar. 18, 2010 


Amnesty International has noted the recent debate on the death penalty sparked by former Minister of Justice Wang Ching-feng's open support for a moratorium on executions and her subsequent resignation. We write to ask you to ensure that Taiwan remains firm in reaching for its stated goal of
abolition of the death penalty.

...... In a time of heightened political debate, we urge you to demonstrate leadership and continue on the path toward abolition.   ps: by Claudio Cordone Secretary General (ad interim)

<Taiwan Alliance to End the Death Penalty >   June 2010,  Letter about the death penalty in the Taipei Times

The retention or abolition of the death penalty can be considered a reflection of a society's values. Abolition shows that a society gives priority to upholding human rights. Retention suggests that values of hatred and vengeance linger in society.......

However, the death penalty provides no guarantee of justice. Abolishing the death penalty doesn't mean that people who commit crimes escape justice. There is still strong punishment in the form of long prison sentences.

The death penalty also creates the risk of a gross miscarriage of justice when innocent people are executed. ......

<United Daily News> Taiwan,   Mar. 13, 2010     by professor, Lee J.T.

If I am killed, I will tell the killer before I die that " I will forgive you"...

... The criminal rate is not very high in those nations without capital punishment (death penalty),  the criminal rate is not very low in those countries with death penalty...

Justice is always/usually blind.

<Apple Daily News>,    Mar. 11, 2010    by Taiwan's minister of justice Wang Ching-feng

 Theme: "rationality and tolerant"

 ... Different judge may make different judgment according to same evidences/proofs ....

"Everyone has the right to life, liberty and security of person", by <The Universal Declaration of Human Rights> , Article 3.  (see www.un.org)

 


<Liberty Times >  Taiwan,        2010.02.06    by member TAHR  (Taiwan Association for Human Rights)

We must discuss this issue rationally and carefully   ... "Populism" may not really stand by and speak for ordinary people in Taiwan ...

<United Daily News  >   Taiwan ,              Mar. 15, 2010  by professor in laws Mr. Chen

...  Taking alternative options like longer term of imprisonment or strict condition for release the crimes on parole, about 56% people support the abolition of the death penalty...

<Taiwan Alliance to End the Death Penalty (TAEDP) >   Press Release May, 1st, 2010

◎  Protest Against The Ministry of Justice’s Illegal Executions
...... Amnesty International (AI) published a news release to denounce the Taiwanese government for resuming executions and stated that this move has seriously damaged Taiwan’s human rights record. ......
We are shocked and enraged at these so-called "executions according to law".
◎  Illegal Execution of Chang Chun-Hong
On behalf of the 44 death row inmates, TAEDP asked 7 lawyers to demand a constitutional interpretation from the Grand Justices of the Judicial Yuan. ......
TAEDP contacted the four death row inmates after receiving the letter. Chang Chun-Hong then sent the letter of authorization with his signature on April 26th. He showed his willingness to appoint TAEDP’s lawyers to demand a constitutional interpretation. Therefore, Chang’s demand was without question totally legal.
...... the staff replied that Ke was banned from meeting anyone. ...... Thus, we had no idea whether Ke refused to approve the demand for constitutional interpretations.
 http://asiadeathpenalty.blogspot.com/2010/05/taiwan-human-rights-protest-over.html

 

New !

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details pls. ref. to 
World No.1 ranking 2015 !

 


 

 

 

This web site ranked No.1 in Google by Chinese keyword "Death penalty Taiwan", at Dec. 13, 2010

 

 

< WikiPedia

 The Number of Executed People in Taiwan since 1987

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997
10 22 69 78 59 35 18 17 16 22 38
1998 1999 2000 2001 2002 2003 2004 2005 2006~2009 2010
32 24 17 10 9 7 3 3 0 4
Capital punishment has in the past been practiced in virtually every society, although currently only 58 nations actively practice it, with 95 countries abolishing it (the remainder having not used it for 10 years or allowing it only in exceptional circumstances such as wartime). It is a matter of active controversy in various countries and states, and positions can vary within a single political ideology or cultural region.
for precise meaning pls refer to Chinese version

PS
Some people know how to pro. play the law to kill, murder or assassinate people's life or reputation on ugly & dirty political purpose again and again.
Some cases in Taiwan defeated the law and drew all Taiwanese attention
    
―   i.e.,  'massacre' case of Liu Pang-yu, the head of Taoyuan county, worst ever mass-murder in Taiwan's history,
    
―   i.e.,  murder case of Navy Captain Yin Cheng-feng,......
The president of Taiwan's Control Yuan, Wang C. S. (awarded best Minister of Finance in Asia), had a widely-known saying during his mayor election campaign
  most Taiwanese politicians should be executed (shot, death penalty).

 

 

 


Godfather, Oscar best film
Kay: " (unlike gangsters) Senators and president don't have men killed "
Godfather: "Who's being naive, Kay ??"
 

Godfather III,
"Politics and crime, they are the same things"