Taiwan’s top court upholds constitutionality of capital punishment but limits its use

Taipei, Sep 20 (EFE).- Taiwan’s Constitutional Court issued a ruling on Friday upholding the legality of the death penalty, which is still imposed on the island and has strong public support, but called for its use to be limited to the most serious crimes.

Taiwanese judges arrive to issue a ruling on the death penalty, inside the Judicial Office Building in Taipei, Taiwan, 20 September 2024. EFE-EPA/RITCHIE B. TONGO

The ruling, approved by 12 of the 15 judges, is in line with the historical trend of the island’s top court, which had ruled in favor of capital punishment on up to three occasions in the past.

Taiwanese Chief Justice and President of Judicial Yuan Tzong-Li Hsu is seen on a tv monitor issuing a ruling on the death penalty, inside the Judicial Office Building in Taipei, Taiwan, 20 September 2024. EFE-EPA/RITCHIE B. TONGO

The judges rejected the requests for abolition of the death penalty presented by the 37 people currently on death row, who argued that the punishment constituted a violation of Article 15 of the Constitution, which states that «the rights to existence, the right to work and the right to property» are «guaranteed» to the people.

In Taiwan, capital punishment has been imposed for a wide variety of crimes, such as murder, violent robbery with homicide, kidnapping and drug trafficking.

However, this punishment has been only given for some cases of murder, and very occasionally.

During the last eight years of government of the Democratic Progressive Party, only two people were executed in Taiwan, a figure that contrasts with the more than 250 deaths recorded in the 1990s.

Taiwanese people, despite holding progressive views on a wide variety of social issues, advocates the maintenance of the death penalty.

Nearly 86 percent of the island’s citizens are against abolishing the death penalty, according to a study carried out by the National Chung Cheng University of Crime Research Center in 2023.

Currently, 45 people, including eight whose sentences are still pending appeal, are on death row in Taiwan. EFE

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