MIL-OSI NGOs: Taiwan: Constitutional Court recognizes fundamental flaws in death penalty but fails to abolish it

Source: Amnesty International –

In response to a ruling by the Constitutional Court of Taiwan that found the death penalty constitutional for offences such as murder, E-Ling Chiu, Director of Amnesty International Taiwan, said:

“Today’s decision is a small step for human rights in Taiwan. The Constitutional Court has recognized the fundamental flaws of the death penalty and strengthened human rights protections for those on death row. Yet the death penalty remains on the books for several offences. This marks a start in Taiwan’s journey towards abolition, and we must ensure it does not stop here.

“We have long been concerned about the unfair proceedings that have resulted in the imposition of the death penalty in many cases in Taiwan. Today’s verdict acknowledges that the current procedures are not rigorous – the Taiwanese authorities must now amend the relevant provisions within the two-year timeframe given to ensure fundamental safeguards are put in place. But this does not go far enough.

“It is also positive that the Constitutional Court determined that current provisions fail to protect from the death penalty people with mental disabilities who are not competent to stand trial or execution. However, it is regrettable that the judgment did not fully reflect safeguards under international law and standards and did not exclude those with mental and intellectual disabilities from the use of the death penalty completely.

“Despite the progress made today, we are extremely worried that this decision effectively puts close to 40 people at risk of execution. We 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.

“As the global trend continues towards abolition, today’s decision stacks Taiwan against the majority of the world’s countries that have already fully consigned this punishment to the history books. 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.”

MIL OSI NGO