37 death row inmates are claiming that the death penalty is unconstitutional and have petitioned the Constitutional Court for an interpretation of the law. The case will be reviewed on April 23 and a verdict will be made by September 23 at the latest.
In addition to depriving citizens of the constitutional right to life, the inmates say that the death penalty also violates other rights, such as the right to human dignity, and the right to be free from torture.
National Yang Ming Chiao Tung University School of Science and Technology professor Chih-Chieh Lin (林志潔) points out that Taiwan has signed the United Nations’ Universal Declaration of Human Rights and most U.N. members oppose the death penalty in all circumstances even when backed by legal process.
However, not every U.N. member has abolished the death penalty. Citing Japan as an example, Lin says that the death penalty is still in place but it is very cautiously and rarely used in trials. She emphasizes that the issue is not about whether the death penalty should be maintained or abolished, but about the process of its implementation and supporting measures. Lin says that she hopes through discussions, clearer guidelines for future governance can be given from a constitutional perspective and that the penal system can be improved.