The Constitutional Court today (September 20th) issued a judgment on Wang Hsin-fu’s petition (Case No. 111-Hsien-Min-904052) and other consolidated death row inmate cases as Constitutional (Partially Unconstitutional). The National Human Rights Commission (NHRC) expresses its respect for the decision but regrets its effect on Taiwan's human rights progress. The NHRC stresses that human rights remain an enduring pursuit and reaffirms its commitment to preventing torture and reforming prison conditions.
Over the past 38 years, Taiwan has transformed from an authoritarian regime into a thriving democracy, making remarkable strides in enhancing human rights through legal reforms, grassroots activism, and a steadfast dedication to complying with international human rights norms.
Nevertheless, sentiments about the abolition of the death penalty continue to polarize opinions within Taiwanese society. The National Human Rights Commission (NHRC) acknowledges that the widespread public resistance to its abolition stems from cultural values surrounding justice for victims and the perceived necessity of strict measures during periods of unrest. Despite these concerns, global practices have demonstrated that the death penalty—while seemingly a means of delivering justice—does not aid in uncovering the truth behind crimes, nor does it address the more profound desires for justice and compensatory needs. Most crucially, it is ineffective in preventing similar tragedies from occurring again.
A practical strategy for crime deterrence must stress comprehensive legal education and fair trials, while also acknowledging society's role in addressing the root causes of criminal activity. Studies and judicial data from various nations indicate that the death penalty does not effectively uphold social stability. In reality, after the death penalty was abolished in several areas—including various U.S. states from 1990 to 2020, South Africa in 1995, Poland in 1997, Estonia in 1998, and Latvia in 2012—there has been a significant drop in homicide rates.
Furthermore, despite the progress made in forensic science and legal instruments, there remains no guarantee of verdict accuracy, which can, at times, result in wrongful convictions. Notable cases like those of Chiang Kuo-ching, Su Chien-ho (known as the “Hsichih Trio” case), Hsu Tzu-chiang and Cheng Hsing-tse, and Hsieh Chih-hung who were ultimately exonerated after receiving death sentences, highlight the grave and irreversible mistakes that can arise from capital punishment.
Around the world, an increasing number of nations are moving toward the elimination of the death penalty, with nearly three-quarters of countries having already abolished this form of punishment. By the end of August, 2024, 112 countries had completely abolished capital punishment under all circumstances; 9 had abolished it for ordinary crimes; and 23 had abolished it in practice, having not carried out any executions for at least 10 years. Only 55 countries, including China, North Korea, Iran, and Saudi Arabia, continue to retain the death penalty in active use. Throughout the years from 2007 to 2020, the UN General Assembly adopted eight resolutions advocating for a global moratorium on executions, with a view to eventual abolition. A growing number of countries are choosing to reject this irreversible punishment as part of their commitment to promoting human rights.
Taiwan has demonstrated a strong commitment to human rights by progressively incorporating the 9 core international human rights instruments into its domestic legislation. Courts nationwide regularly cite and implement relevant international human rights standards in their decisions. In light of the concluding observations and recommendations from international reviews of the ICCPR and ICESCR, conducted in 2013, 2017, and 2022, the NHRC emphasizes the necessity of incorporating the Second Optional Protocol of the International Covenant on Civil and Political Rights, which seeks to eliminate the death penalty, into Taiwan’s legal framework. This step would further safeguard the right to life. The NHRC also urges the government to establish a comprehensive system based on restorative justice that will address the needs of victims' families and ensure that perpetrators bear lifelong responsibility. Furthermore, the NHRC encourages dialogue with society to shift traditional views on retributive justice and compensatory justice.
The NHRC sincerely hopes that the nation will fully respect the right to life and human dignity of all individuals, heal the scars left behind by violent crimes, protect the families of victims who seek justice in the face of darkness, and ensure that the rights and dignity of all individuals are fully protected.