Stand up for abolition
Stand up for abolition
Statement released by the Taiwan Alliance to End the Death Penalty, March 12, 2010
'I never blamed those who claim their support for the death penalty in public. It’s a moral choice to stand for or against the death penalty and the choice belongs to one’s conscience. What bothers me is that, an intellectual, a self-proclaimed abolitionist is content to retain the death penalty, just because the public poll and opinion are for it.
Robert Badinter,
A open letter to Minister of Justice of the France,1977
The Taiwan Alliance to End the Death Penalty (TAEDP) deeply regrets the oral resignation tendered yesterday by Minister of Justice Wang Ching-feng and accepted by Premier Wu Den-yih and President Ma Ying-jeou.
Upon taking up her position as justice minister in 2008, Wang expressed support for abolishing the death penalty. Since Taiwan ratified the UN’s International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR), she has continued with the policy of gradually abolishing capital punishment, has examined death penalty cases and has maintained a moratorium on executions. Wang has also established a taskforce within the ministry to research the application of the death penalty and work toward abolition. The taskforce brings together academics, death penalty researchers and other concerned individuals for in-depth debate, with the goal of seeking alternatives to capital punishment. Her dedication to the matter was greatly appreciated.
With major elections scheduled for later this year, we urge the Presidential Office, the Executive Yuan, the Legislative Yuan and the ruling and opposition parties not to put their own interests ahead of this matter of life and death. We call on them to stand for the universal values of human rights as they consider the direction Taiwan should take.
International prospects: Beyond the economy
Taiwan’s government has made aggressive efforts to increase its participation in the global economy, including through an economic cooperation framework agreement (ECFA) with China. Taiwan is open to economic progress, but has yet to fully incorporate international human rights standards. Although it is not a member of the UN, Taiwan cannot afford to isolate itself in this way from international society. We must not disregard the UN resolutions from 2007 and 2008 that urged a global moratorium on executions, nor can we ignore the fact that 139 countries worldwide have abolished the death penalty either in law or in practice. In the UN’s next quinquennial report on capital punishment, to be published in June, Professor William Schabas suggests that universal abolition across the globe may be achieved somewhere between 2015 and 2025. Although Taiwan may slow down on the road to abolition, it must not stray from this path.
Alternatives to capital punishment
We recognize that abolishing the death penalty is no easy task. “A life for a life” is a value deeply engrained in our culture that can only be changed through extensive dialogue. It is therefore clear that the decision of whether to retain capital punishment should not be made based on a snapshot of public opinion at one given moment in time. Though we often think democracy involves only following the public will, where human rights are at risk, public debate and education is necessary.
The president and the Executive Yuan have declared a “long-term” goal of abolishing the death penalty. In light of this, it should have a step-by-step plan. The debate on alternatives to the death penalty must continue. The taskforce established by Minister Wang should continue its mission of drafting alternative measures and educating the public.
Advocacy for death row inmates and defendants in death penalty cases
The president and the Executive Yuan have a goal of gradually narrowing the use of capital punishment by amending the law. As the death penalty is the ultimate, and irreversible punishment, the most cautious, due process must be ensured. We demand the following amendments to protect due process:
1. Death penalty sentences should require a unanimous decision by the judges in a case.
2. All defendants in death penalty cases should have legal counsel when their case proceeds to the Supreme Court.
3. Although all death penalty cases proceed to the Supreme Court, the court currently does not hold hearings with the counsel in the cases. The Supreme Court should hold hearings with oral arguments by the prosecution and defense in all death penalty cases.
The next minister of justice
As Legislator Hsieh Kuo-liang said: “Executing 44 people is nothing if not a massacre.” We hope the next minister will not take up this position with the goal of carrying out executions, but will exercise his or her power with utmost care, in accordance with the Code of Criminal Procedure and the two UN covenants. The TAEDP will continue to provide legal counsel to all death row inmates to ensure that their right to appeal is upheld.
Member organizations of the TAEDP:
The Taiwan Association for Human Rights, the Judicial Reform Foundation, the Taipei Bar Association, the Taiwan Law Society, the Chang Fo-Chuan Center for the Study of Human Rights, Amnesty International Taiwan, the John Paul II Peace Institute, the Green Party Taiwan, and the Regional Tibetan Youth Congress, Taiwan.