Taiwan’s Constitutional Court has upheld the legality of the death penalty while simultaneously restricting its application. The ruling, issued on Friday, aims to strike a balance between maintaining the punishment’s deterrent effect and preventing its potential misuse, Bloomberg reports.
The court affirmed the constitutionality of capital punishment but declared it permissible only for the most serious crimes. It also underscored the need for enhanced safeguards to ensure fairness and prevent abuse. This decision reflects the complex social landscape in Taiwan, where there exists both international pressure for abolition and domestic support for harsher punishments.
The court’s ruling represents a significant shift from its previous stance. In 1999, it upheld capital punishment for serious drug offenses. However, in recent years, the court’s decisions have ushered in significant societal changes, most notably in 2017 when it legalized same-sex marriage, making Taiwan the first place in Asia to do so.
While public opinion remains divided, a recent poll by the Taiwanese Public Opinion Foundation found that nearly 85% of respondents favor retaining capital punishment. The opposition Kuomintang party strongly supports the death penalty, while the ruling Democratic Progressive Party (DPP) has adopted a more cautious approach, advocating for careful handling of the issue. This has led to calls for the DPP to take a clearer stance.
“The government has never clearly stated its stance, but the DPP has been relatively in favor of abolishing capital punishment,” said Lin Hsinyi, executive director of the Taiwan Alliance to End the Death Penalty.
The DPP, which retained the presidency but lost its parliamentary majority in January’s elections, is facing increasing legislative pressure from the Kuomintang and its allies. The court’s decision could further complicate the political landscape surrounding this sensitive issue.
Globally, over 70% of countries have abolished capital punishment in law or practice, according to the US-based Death Penalty Information Center. While some Asian countries, like South Korea and Sri Lanka, have laws on the books but haven’t executed anyone in over a decade, many others retain the death penalty for ordinary citizens. These include Bangladesh, China, India, Indonesia, Japan, Malaysia, North Korea, Pakistan, Singapore, Thailand, and Vietnam.
Iran remains the world’s most prolific executioner, with over 850 people put to death last year, according to Amnesty International. In Asia, Bangladesh and Singapore were the top two executioners in 2022, each carrying out five executions. Data from secretive North Korea, which is suspected of executing several people, is unavailable.
