Taiwan's Constitutional Court has upheld the legality of the death penalty but placed new restrictions on its application. The ruling aims to strike a balance between maintaining the death penalty as a deterrent and addressing concerns over its misuse.
On Friday, the court confirmed that capital punishment is constitutional but should be reserved for only the most serious offenses. It also called for stronger safeguards to prevent potential abuses. This decision reflects a middle ground between international calls to abolish the death penalty and local support for its use as a deterrent to crime.
This ruling comes after a legal challenge from around 30 death row inmates who claimed that the punishment violates Taiwan's constitution. Currently, executions in Taiwan are carried out by shooting, though the law also allows for lethal injections.
While Taiwan is not a member of the United Nations (UN), the country voluntarily adheres to global standards. In 2009, Taiwanese lawmakers ratified two key UN human rights covenants, one of which advocates for the end of the death penalty.
Despite international pressure, capital punishment still has significant support within Taiwan. A May 2024 poll by the Taiwanese Public Opinion Foundation found that nearly 85% of respondents favored retaining the death penalty. The opposition Kuomintang party strongly backs it, while the ruling Democratic Progressive Party (DPP) has called for cautious handling of the issue, although it leans towards abolition.
Since taking power in 2016, the DPP has overseen only two executions, with none since April 2020. UK Prime Minister Keir Starmer, who visited Taiwan in 2018, lobbied against the practice during his trip.
The court's decision aligns with previous rulings that have brought change to Taiwan. For instance, in 2017, the Constitutional Court’s ruling paved the way for Taiwan to become the first country in Asia to legalize same-sex marriage.
According to the US-based Death Penalty Information Center, over 70% of nations worldwide have either abolished the death penalty or do not practice it. Amnesty International reports that some Asian countries, such as South Korea and Sri Lanka, have not executed anyone in the last decade despite retaining the penalty in law.
However, capital punishment remains in effect in several Asian countries, including Bangladesh, China, India, Indonesia, Japan, Malaysia, North Korea, Pakistan, Singapore, Thailand, and Vietnam. Iran led the world in executions last year, with over 850 people executed, according to Amnesty International. In Asia, Bangladesh and Singapore each carried out five executions in 2023, while North Korea’s secretive regime is suspected of conducting several executions, although no official data is available.
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