Human Lives Human Rights: In a recent ruling, Taiwan’s Constitutional Court has assessed the inherent flaws within the death penalty system, acknowledging the need for enhanced human rights protections for individuals on death row. However, despite this recognition, the death penalty still remains a legal sanction for several offenses, indicating that the path to complete abolition is only just beginning.
Human rights organizations have long raised alarms over the inequitable proceedings leading to the application of the death penalty in numerous cases across Taiwan. The court’s decision today identifies deficiencies in the existing processes, compelling Taiwanese authorities to modify the relevant legal frameworks within a two-year window to implement necessary safeguards. Despite this positive development, the response is viewed as insufficient by advocacy groups.
A noteworthy aspect of the ruling is the Court’s acknowledgement of the risks faced by individuals with mental disabilities, who often do not possess the competency to stand trial or participate in execution processes. Nevertheless, it is disheartening that the judgment fell short of incorporating comprehensive protections aligned with international law, as it failed to categorically exclude individuals with mental and intellectual disabilities from the potential application of the death penalty.
While today’s decision signals some progress, there are grave concerns for approximately 40 individuals who may still face execution. Rights advocates are calling for the Taiwanese government to implement an immediate moratorium on executions as a critical first step. The death penalty is fundamentally inhumane and does not contribute to public safety.
As the global momentum continues to shift towards the abolition of capital punishment, Taiwan’s current stance contrasts sharply with the growing number of nations that have already eliminated this practice. Urgent action is required from Taiwanese authorities to commute all existing death sentences, introduce reforms prioritizing human rights within the criminal justice system, and commit to the ultimate abolition of the death penalty.
Background
On September 20, 2024, the Constitutional Court of Taiwan addressed a challenge regarding the constitutionality of the death penalty, asserting its legality for serious crimes such as murder. This challenge stemmed from a petition by Wang Xinfu, the oldest person on death row, along with 37 co-petitioners. Importantly, the Court ruled that the death penalty cannot be applied to individuals with mental disabilities, setting a two-year deadline for legal amendments to align with its findings.
The World Coalition Against the Death Penalty, alongside various NGOs, supported the push for complete abolition of capital punishment, contending that its application in Taiwan constitutes a violation of human rights as outlined in the Taiwanese Constitution. Specifically, Articles 8 and 15 emphasize personal freedom and the right to life, underscoring concerns around torture or cruel treatment under international human rights norms.
Since the last execution in Taiwan in 2020, as of December 31, 2023, there are 37 individuals on death row with final sentences, putting them at imminent risk of execution. Presently, 112 countries have fully abolished the death penalty, while 144 nations are classified as abolitionist in law or practice.
