'A blow to human rights: Taiwan resumes executions' the 2010 death penalty annual report in Taiwan
A blow to human rights: Taiwan resumes executions
the Death Penalty in Taiwan, 2010
Annual report by TAEDP
Summary
Taiwan's government has over the past decade asserted that it is "gradually" moving toward abolition. Despite this, it has neither offered a timeline for abolition nor proposed concrete steps toward that goal. It continues to carry out executions and does not see a moratorium as necessary to move toward abolition. Thus, after a four-year hiatus, in 2010, Taiwan resumed executions.
On April 30, the Ministry of Justice executed four people. Although the government said the executions were "in line with the law," civic groups and academics believe they violated Articles 6 and 14 of the ICCPR, which Taiwan incorporated into domestic law in 2009.
On May 28, the Constitutional Court dismissed three applications for judicial review submitted by the TAEDP on behalf of death row inmates. In doing so, the justices avoided reaching a consensus on a controversial issue.
As of the end of 2010, 44 people were at imminent risk of execution. Four persons saw their death sentences finalized during 2010 and four were executed.
We urge the government to take the following steps:
1. Impose a moratorium on executions.2. Propose concrete steps toward abolition, including a timeline and alternative measures, and seek public support for abolition.
3. Strengthen assistance and protections for victims of crime.
4. Introduce the following legal amendments: (1) A death sentence should require a unanimous decision by the bench. (2) The Supreme Court should hear oral arguments for death penalty cases. (3) The right to counsel should be extended to the final trial. (4) The Amnesty Act should be amended. (5) Other relevant legislation that violates the ICCPR should be amended.
5. Increase the transparency of the death penalty. This includes informing families prior to executions and releasing the time of execution and names of those to be killed. The government should also issue statistics on the death penalty, including demographic information on persons sentenced to death; the prevalence of mental illness; the incidence of prosecutors seeking the death penalty; relevant crimes rates; and other key information.
6. Increase education for judges and prosecutors concerning international human rights law.
7. Strengthen education programs in prisons.
8. Set up a strict system for parole review and rehabilitation programs for persons on parole.
9. Ensure humane treatment of prisoners awaiting execution.
10. Reconsider whether organ donations through executions are ethical.