TAIWAN Taipei’s Constitutional Court has said that “the death penalty does not violate the Constitution.” But it sets limits

The court rejected a request from the 37 prisoners sentenced to death, but called for the death penalty to be applied only in “exceptional” cases. The last execution was carried out in 2020. Criticism from the Kuomintang, which describes the judges’ verdict as a “de facto abolition”. Amnesty International Taiwan speaks of “a step forward” and calls on the government to declare an official moratorium.

Taipei () – Taiwan is keeping the death penalty in force, but will only apply it in “exceptional” cases. This was the decision of the Constitutional Court of Taipei yesterday, in a ruling that, while not accepting the request to declare the death penalty unconstitutional, sets some important limits on its application. This represents another strong point of differentiation with respect to the People’s Republic of China, which, despite not disclosing official data, is considered by human rights organisations to be the country in the world where, by far, the most death sentences are carried out each year.

Taiwanese law provides for the possibility of the death penalty for some crimes, including murder, high treason, rape and kidnapping. The last execution in Taiwan took place in 2020. The case was brought to the Constitutional Court by Wang Xinfu, Taiwan’s oldest death row inmate, accompanied by a petition signed by the 36 other inmates who are in the same conditions.

In its ruling, the Constitutional Court ruled that the death penalty is in accordance with Taiwan’s Constitution, but should only be applied in “exceptional” cases. Although the right to life is protected by the Constitution, said the President of the Constitutional Court, Hsu Tsong-li, “this protection is not absolute.” At the same time, however, he added that, as it is “the most severe and irreversible punishment, its application and procedural guarantees – from investigation to execution – must be subject to rigorous control.”

The Court did not refer to the constitutionality of imposing the death penalty for crimes such as high treason or drug trafficking. But it also ruled that it is “prohibited” for “defendants with mental health problems, even if these did not influence the crime in the cases in question.”

The issue of the death penalty is also a political one in Taiwan. The majority of deputies from the Democratic Progressive Party (DPP) – to which President Lai Ching-te belongs – are in favour of abolition and yesterday said they would respect the Court’s decision. In contrast, the Kuomintang – the nationalist party closest to Beijing – criticised the ruling, saying it was a “de facto abolition” of the death penalty. According to opinion polls, support for the death penalty remains in the majority among the population.

Amnesty International Taiwan Director E-Ling Chiu hailed the ruling as “a small step forward for human rights in Taiwan.” The Constitutional Court has strengthened the protection of human rights for those sentenced to death. However, the death penalty remains in place for a number of crimes. This marks the beginning of Taiwan’s journey towards abolition, and we must ensure that it does not stop here.”

There remains concern “that this decision effectively puts nearly 40 people at risk of execution,” he added. “We urge the Taiwanese government to immediately establish an official moratorium on executions as a critical first step. The death penalty is inherently cruel and does not make us safer.”

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