The Death Penalty: A Constitutional Debate in Taiwan
Taiwan’s Constitutional Court recently issued a ruling upholding the legality of the death penalty for the most serious crimes, such as premeditated murders and crimes resulting in actual deaths. This decision has sparked a debate on the constitutionality of capital punishment in the country, as well as its moral and ethical implications.
Support for the Death Penalty: A Public Opinion Perspective
Despite international pressure to abolish the death penalty, a recent survey from the Taiwanese Public Opinion Foundation revealed that at least 85% of Taiwanese citizens support retaining capital punishment. This strong public sentiment towards the death penalty reflects the belief that it serves as a deterrent against heinous crimes and provides a sense of justice for victims and their families.
The Constitutional Challenge: Balancing Deterrence and Human Rights
The challenge to the death penalty’s constitutionality was brought forth by 37 inmates currently on death row, who argued that it violates Taiwan’s constitutional right to life. After nine months of intense debates in court, the judges upheld the death penalty for specific cases, such as premediated murder, intentional murder in cases of sexual assault, intentional murder in cases of robbery, and in cases of kidnapping for ransom.
In an effort to strike a balance between maintaining the deterrence effect of the death penalty and preventing its abuse, the court established eight additional “thresholds” to limit its use in accordance with the law. These thresholds include prohibiting death sentences for individuals with mental disorders or cognitive impairments at the time of the offense, during trial, or at the time of execution.
New Safeguards and Procedures for Death Row Defendants
In addition to setting limitations on the use of the death penalty, the court outlined new safeguards for death row defendants to ensure fair and just proceedings. These safeguards include the right to compulsory defense during interrogation, the right to oral arguments in the third instance court, and the requirement of unanimous decisions among the judges of the panel before arriving at the sentencing.
Political Perspectives: Differing Views on the Death Penalty
The ruling Democratic Progressive Party (DPP) has called for a more cautious approach to the death penalty, based on different conditions and circumstances. Since former President Tsai Ing-wen took office in May 2016, and Lai Ching-te succeeded this year, the two DPP presidents have only carried out the death penalty for two inmates. This stands in stark contrast to their predecessor, Ma Ying-jeou, who executed 33 death row inmates during his eight years in office.
On the other hand, the opposition party Kuomintang (KMT) generally supports the death penalty, highlighting the divergent views within Taiwan’s political landscape. The recent ruling has been welcomed by DPP lawmakers, as it provides a conditional constitutionality that safeguards the rights to life and liberty.
Victims’ Families and the Death Penalty Debate
The announcement of the court’s decision has evoked mixed reactions, especially from the families of victims of heinous crimes. Wang Wan-yu, the chairwoman of the New Power Party, whose daughter was murdered in 2016, expressed her inability to support the abolition of the death penalty, despite understanding its value.
She emphasized the importance of implementing measures such as a tiered system for mental illnesses and establishing judicial psychiatric hospitals to provide alternatives to the death penalty. This sentiment reflects the complex and emotional nature of the death penalty debate, especially for those directly impacted by violent crimes.
Global Trends: Abolition versus Retention
Currently, nearly three-quarters of the world has abolished the death penalty, signaling a global trend towards the elimination of capital punishment. Countries that still maintain the death penalty include Afghanistan, Iran, Cuba, India, China, Somalia, Singapore, Japan, and the United States.
As Taiwan navigates the constitutional debate surrounding the death penalty, it is crucial to consider international perspectives and best practices in addressing the complex issues of justice, deterrence, and human rights. The recent ruling by Taiwan’s Constitutional Court represents a significant step towards ensuring a more balanced and fair application of the death penalty in the country.