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Taiwan's Constitutional Court Upholds Death Penalty with New Restrictions

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Taiwan's Constitutional Court has upheld the death penalty while imposing new restrictions, limiting its application to serious offenses. This decision reflects ongoing debates about human rights and capital punishment in the region.

Taiwan's Constitutional Court Upholds Death Penalty with Restrictions

In a landmark decision, Taiwan's Constitutional Court has upheld the legality of the death penalty while imposing significant restrictions on its application. The ruling, announced on Friday, limits the death penalty to 'particularly serious' offenses, a move that has been met with mixed reactions from human rights advocates and lawmakers. The court's chief justice, Hsu Tzong-li, emphasized that while the right to life is paramount, it is not absolute, allowing for the death penalty to remain a 'necessary' form of retribution. This ruling comes in response to a petition from a group of death row inmates and various human rights organizations, including Amnesty International, who argued that the death penalty violates fundamental human rights.

Currently, Taiwan has 45 individuals on death row, with the last execution carried out in 2020. Despite the ruling, the number of executions has been on a steady decline, reflecting a broader global trend towards the abolition of capital punishment. A recent survey indicated that approximately 85% of Taiwanese citizens support the death penalty, underscoring the complex public sentiment surrounding this contentious issue.

Human Rights Advocates Call for Progress

Human rights experts, such as Renata Alt from the FDP, view the court's decision as a step towards reform. Alt stated, 'The restriction of the death penalty to the most serious crimes is progress,' highlighting the need for countries to align their practices with international human rights standards. Taiwan's ruling party, the Democratic Progressive Party (DPP), has indicated a long-term goal of abolishing the death penalty, although President Lai Ching-te acknowledged that public support is crucial for such a shift.

The court's ruling also stipulates that individuals with mental disorders cannot be sentenced to death, even if their mental health did not influence their crime. This aspect of the ruling aligns with a growing recognition of the need for humane treatment within the justice system. As Taiwan navigates its position on the death penalty, it remains one of the few Western-oriented nations to retain this form of punishment, amidst a global decline in executions.

Clam Reports
Refs: | Le Figaro | Merkur |

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