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)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.