Taiwan’s constitutional court upheld the legality of the death penalty on Friday, ruling it constitutional but limiting its use to the most serious crimes and requiring the highest level of legal scrutiny. The decision came after a petition by 37 death row inmates.
Despite being known as Asia’s most liberal democracy, the death penalty remains popular in Taiwan according to opinion polls. However, executions have been rare in recent years, and violent crime rates are low.
Beginning hearings in April, the court recognized the importance of safeguarding the right to life but clarified that these protections “are not absolute,” as stated by Judge Hsu Tzong-li.
While human rights groups in Taiwan welcomed some aspects of the ruling, they argued that the country must move toward abolishing capital punishment entirely.
“When will Taiwan finally abolish the death penalty? The road ahead will be even more difficult,” said the Taiwan Alliance to End the Death Penalty, which supported the petition.
Nonetheless, the presidential office described the ruling as a significant milestone for Taiwan’s judicial system.
“The president understands that there are multiple voices in Taiwanese society and hopes everyone will continue to engage in dialogue and communication with an attitude of understanding, tolerance, and respect,” it stated.
In contrast, Taiwan’s largest opposition party, the Kuomintang, expressed disappointment, arguing that the court appeared to be undermining the death penalty and disregarding the sentiments of the majority of the island’s population.
Facing international criticism, Taiwan has encountered controversy over its execution practices.
In 2020, the government announced the execution of a man convicted of killing six people in an arson attack just hours after receiving praise from the European Union for donating six million face masks during the COVID pandemic.
This prompted the EU to criticize Taiwan and call for a halt to executions.
Meanwhile, in neighboring China, rights groups estimate that thousands of executions take place each year, though the Chinese government does not disclose official numbers.
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