Unlawful Execution is Inherently Wanton Murder

Civil Society Groups’ solemn condemnation to the death penalty execution by the Ministry of Justice

According to media reports, the Ministry of Justice will carry out another execution at 9 pm tonight. Currently, all death row prisoners are being reviewed to see if the procedures have been completely in line with the TCC Judgment 113-Hsien-Pan-8. Illegal execution is no different from arbitrary killing. Killing for political gain is despicable. Together we urge President Lai Ching-te and Minister Cheng Ming-chien to stop the execution!

According to the Constitutional Court's Judgment 113 Hsien-Pan-8 (hereinafter referred to as "Constitutional Judgment 8"), the Supreme Court's 106-year Tai-Shang-810 Criminal Judgment, based on which 37 applicants (death row prisoners) including applicant Huang Linkai (黃麟凱) applied, death penalty is only applicable to cases where the circumstances of the crime are the most serious and the criminal procedures meet the most stringent due process requirements of the Constitution. Therefore, Constitutional Judgment 8 allows each death row prisoner to request the Attorney General to file an extraordinary appeal, and the Attorney General can also file an extraordinary appeal ex officio. 

Constitutional Judgment 8 provides new options for the 37 death row prisoners, including Huang Linkai. In addition to establishing that the final judgment must be made by the "unanimous decision" of the collegial panel, Constitutional Judgment 8 also imposes on prosecutors the obligation to prove that the final judgment was made by a unanimous decision. Since whether the judgment was a "unanimous decision" in the past is a secret, the 37 death row prisoners, including Huang Linkai, have not been able to find out whether their final judgment was a "unanimous decision" so far, which raises procedural doubts. In addition, the procedures in Huang Linkai's case have not been subject to a pre-sentencing social investigation, and there are still doubts about whether it meets the most stringent due process requirements of the Constitution. Before these doubts are clarified, the competent authorities shall not arbitrarily implement the meaning and spirit of Constitutional Judgment 8. If they do, it will be illegal and unconstitutional. 

Regarding the execution of the death penalty, it should be rigorously reviewed in accordance with relevant regulations. If an execution is carried out before the judicial remedies process is concluded while procedural requirements remain incomplete—particularly when the defense attorney has only just begun reviewing the case—any submission by relevant authorities to the Minister for execution, disregarding legal procedures and proceeding recklessly, would indeed constitute an illegal execution.

The lawyer appointed by the applicant Huang Linkai has recently reviewed the case files and is examining whether the judgment in his case contains the meaning of the 8th Constitutional Judgment. The applicant can ask the Attorney General to file an extraordinary appeal. This is also addressed in Paragraph 147 of the reasoning of Constitutional Judgment 8, which highlights the need to safeguard the petitioner's rights and recognize their contribution to the constitutional petition by granting the petitioner an opportunity for special individual relief in the original case.

The execution order signed by the Minister of Justice and the President tonight is definitely illegal and unconstitutional while the applicant is still seeking relief! It is also an act of killing that cannot be accepted by the international community!

Jointly Stating NGOs: