Skip to main content

Taiwan Clings To Death Penalty, Undermining Claim As Asia's "Model Democracy"

The country’s Constitutional Court ruled on Sept. 20 in favor of maintaining the death penalty, in line with the position expressed by an overwhelming majority of the population. Yet, capital punishment remains controversial for a country that sees itself as East Asia's model democracy.

TAIPEI — Wang Xin-Fu has spent the past 34 years in prison, where he awaits his execution. When he was arrested, in 1990, some Taiwanese territories were still under martial law — back when Chiang Kai-Shek was in power under the Kuomintang single-party rule.

Wang, now 69, was sentenced to death because he sold a gun to a man who killed a policeman. He has been declaring himself innocent for decades, and yet he is still one of 37 prisoners awaiting execution in Taiwan. On the island, often considered a bulwark of democracy in eastern Asia, the death penalty is still in place.

“Foreigners are very surprised when they find out, and yet no concrete steps have been made to abolish it,” says Lin Hsin-yi, head of the Taiwan Alliance to End the Death Penalty, an association that has been fighting for decades to abolish capital punishment.

“Every night could be the last one”


The execution methods are brutal. “Executees are shot in the heart,” explains Lin. “Those sentenced are not informed on the date of their execution. Every night could be their last one, everyday could be the one where they knock at your door to kill you. Family members are not informed either, and they usually learn of the execution through the media.”

Prisons are usually in a state of decay.

These dynamics bear a huge impact on the mental health of those convicted. “There have been suicides in the past. Some fight and try to obtain a revision of their sentence, and others even write to the ministry of justice asking to put an end to their suffering,” says Lin.

Moreover, the shooter is a single police officer, who therefore knows to be the executioner, unlike what used to happen in firing squads. They receive no psychological support, but only a “hongbao,” a traditional red bag containing some banknotes, usually handed out by relatives for the Lunar new year.

No hope until today


Prisons are usually in a state of decay. There are two inmates per cell — a bathroom with no door, a small window and no air conditioning. Prisoners are given only 30 minutes of air time per day Monday through Friday, with no possibility of doing any activity outside prison.

There is no hope for them. Yet, everything could have changed on Sept. 20, when the Constitutional Court expressed its judgment on a case lodged by the 37 inmates currently on death row. The court — called to express itself on the lawfulness of the death penalty — decided to uphold the punishment, but only in “special and exceptional circumstances.”

According to French news agency AFP, there are currently 50 offenses for which capital punishment is applicable in Taiwanese criminal law. Since 2010, 35 people have been executed in the country, with the last execution in 2020.

Data shows that Taiwanese public opinion is all but against capital punishment. According to a poll by Taiwan Public Opinion Foundation, 84% of interviewees were in favor of the death penalty, while more than 45% of respondents stated they would not accept a sentence declaring its unconstitutionality.

The statistics are consistent across different political forces as well: 89% of Kuomintang and 81% of Democratic Progressive Party (DPP) supporters are pro-capital punishment, a percentage that increases to more than 91% for supporters of Taiwan People’s Party, very popular among the youth. Earlier this year, presidential elections confirmed the DPP as the main political party in Taiwan, with the Kuomintang trailing behind.

Dealing with the past


Taiwan was under martial law from 1949 to 2000, longer than any regime in history. Over this time, 197 capital crimes have been introduced, including drug trafficking. Yet, since 2003 executions have only been mandated for cases of homicide. Many of the crimes for which the death penalty is still applicable date back to the “white terror” era, when the Kuomintang regime led by Chiang would regularly execute political dissidents. A past that Taiwan has not dealt with so far. “Transitional justice, despite democratization, was never completed,” says Lin.

Sometimes, it is too late when inmates are found to be innocent.

The DPP has opposed capital punishment in the past. The first DPP president, elected in the year 2000, promised its gradual abolition, but this promise never materialized, not even after DPP president Tsai Ing-wen was elected in 2016. During his two terms Taiwan became the first country to legalize same-sex marriage in Asia, but capital punishment remained untouched. Current president Tsai Ing-wen expressed his stance on the topic during his electoral campaign, when he said that it is “a difficult question to face,” which would take “a long process and a long time” to change.

Innocents will be executed


Now that the Constitutional Court has rebated the legitimacy of capital punishment, Lin believes that pressure will mount on the government to restart the executions. “Our fear is that innocents will be executed, as it happened in the past,” she says. The activists point to a case from 2012, when a court revoked the death penalty for three men sentenced to death for the murder of a couple that happened two decades earlier.

But sometimes, it is too late when inmates are found to be innocent. This was the case in 2011, when a military tribunal recognized the innocence of a man executed 14 years earlier for the rape and murder of a 5-year old girl.

Activists are aware that it will take a long time before things will change, but they think that, sooner or later, this will have to happen. To Lin, “capital punishment is not compatible with Taiwan’s image of itself in the world.”

Source: worldcrunch.com, Lorenzo Lamperti, September 24, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Most viewed (Last 7 days)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.