Published on June 8, 2010 

On 28 May, Taiwan's Constitutional Court rejected a petition to halt executions made on behalf of 44 death row inmates, 4 of whom have already been executed.  The petition, filed by the Taiwan Alliance to End the Death Penalty (TAEDP) argued that Taiwan's application of the death penalty was unconstitutional and violated the International Covenant on Civil and Political Rights (ICCPR).

This petition was filed by the TAEDP shortly before the sudden execution of four death row prisoners (Chang Chun-hung, Hung Chen-yao, Ko Shih-ming and Chang Wen-wei) on 30 April, the first execution since December 2005. The execution took place only 5 weeks after the new Minister of Justice, Tseng Yung-fu, took office. Tseng Yung-fu replaced Wang Ching-feng who reportedly resigned after facing heavy criticism for pledging not to sign any execution orders during her tenure.

The execution of the four prisoners shocked the international community. The European Parliament expressed deep regret and shock at Taiwan's sudden execution of the death row prisoners, stating it was contrary to the EU's core values. The TAEDP, Amnesty International Taiwan, other local NGOs in Taiwan and the Anti-Death Penalty Asia Network (ADPAN) are pushing for a moratorium and seeking commutation of all 40 death sentences. 

• Regardless of the legal particulars in Taiwan, Amnesty International opposes the death penalty across the globe on principled grounds, considering it the ultimate cruel, inhuman or degrading punishment and a violation of the right to life.

» Find out more about the death penalty 

LEGAL ARGUMENTS

Lawyers representing the TAEDP have argued in their petitions that current Taiwan law: 
 

• fails to provide death row inmates adequate legal representation at the final stage of trials, which violates fair trial guarantees stipulated in Article 14 of the ICCPR;
• provides inadequate opportunities to debate appropriate sentencing during trials, increasing the risk of arbitrary executions, which conflict with Article 6 of the ICCPR

The Justices of the Constitutional Court rejected these arguments.

• Amnesty International, however, believes such arguments deserve the most careful scrutiny as executions following inadequate, unfair trials would certainly violate the right to life.

The ICCPR, which Taiwan has chosen to be bound by, provides that anyone charged with a crime has a right to a fair trial, including legal representation, the time and resources to prepare an adequate defense and the right to examine witnesses on a par with the prosecution. The severity and irrevocability of the death penalty necessitates the strictest adherence to these provisions.

Lawyers also argued that:

• Taiwan's Pardon Law does not enshrine the right of defendants facing the death penalty to seek pardon or commutation of their sentences, contrary to ICCPR Article 6 (4).

The Justices of the Constitutional Court determined that this was a matter for the legislature, not the Court.
 

• Amnesty International believes that whereas it may be a matter for the legislature to revise the Pardon Law, the Court had the authority to determine that the existing law as it stands fails to protect these rights adequately.

REQUEST FOR ACTION

Please send faxes/letters to the President and Minster of Justice.

Also send copy to the Taiwan diplomatic representatives in your country.

 
DURATION OF ACTION

On going

POINT FOR APPEALS

• express deep regret that Justices of the Constitutional Court rejected the petition for Constitutional interpretation filed by the Taiwan Alliance to End the Death Penalty;
• urge the President and Minister of Justice to halt executions and commute the 40 death sentences; 
• urge the Taiwan government to re-establish an immediate moratorium on executions with a view to abolishing the death penalty, as provided by UN General Assembly resolution 62/149, of 18 December 2007, and the second resolution 63/168 of 18 December 2008;
• urge the Taiwan government to take immediate concrete steps to fulfill its long stated goal to abolish the death penalty.