Breaking Point: International Pressure Meets Domestic Backlash in Shocking Compromise

Taiwan’s Constitutional Court Limits Use of Death Penalty in Landmark Ruling

The‌ Constitutional‍ Court ruled today that the death penalty is “conditionally constitutional,” maintaining ‍a compromise between the death penalty and prevention of abuse, with domestic support for⁣ harsh punishment.

The ⁢Constitutional Court ruled that the death penalty as the highest penalty in criminal law applies only when the crime is the‌ most serious and that the criminal process complies with​ the Constitution’s strictest due process requirements requiring⁣ a collegial panel decision and a third instance, oral argument, etc.

Nikkei Asia reported that judges today ‌partially declared the death penalty constitutional but limited ‍its scope of application.

The report noted that judges did ‌not outright ban the‍ death penalty in the ⁢face of intense pressure from the opposition Chinese Kuomintang.

Nikkei Asia⁤ noted that after ‌the Constitutional Court interpreted the constitution in 2017 and declared that the civil law’s failure to protect the freedom of‌ same-sex marriage was unconstitutional, the limitation on the death penalty is ⁣the second major progressive reform adopted by Taiwan’s judiciary​ in recent years.

This brings Taiwan’s rules closer to those of several diplomatic allies, such as the Marshall ​Islands, Palau, and Tuvalu, which have abolished the death penalty.

Bloomberg News reported that Taiwan’s Constitutional Court’s ruling on constitutional interpretation today struck a balance between maintaining‌ the deterrent effect of the death penalty and preventing abuse of the penalty.

The‌ ruling reflected ​a compromise between international pressure to ⁢abolish the death ⁢penalty and domestic ⁣support ‍for harsher punishments to deter criminals.

The report noted that although Taiwan is not a member of the United Nations, it voluntarily abides‌ by international norms. The Legislative Yuan ratified ​two UN human rights conventions in⁣ 2009, including one calling for the ⁢abolition of the death penalty, the International⁢ Covenant on Civil and Political Rights​ (ICCPR).

Reuters reports that while Taiwan is known as Asia’s most free democracy, although the death penalty has been carried out‌ in recent years and the number of violent crimes has been relatively low, the public is generally opposed‍ to abolishing the death penalty.

Agence France-Presse noted that⁤ Taiwan became the first country in Asia to legalize same-sex marriage in 2019 and is therefore considered a bastion of progressive values internationally. Nevertheless, Taiwanese society ⁣generally supports retaining the death penalty.