Taiwan’s Constitutional Court has affirmed the legality of the death penalty while imposing restrictions on its use, striking a balance between maintaining its deterrent effect and preventing abuse.
In its decision on Friday, the court upheld the constitutionality of capital punishment but limited its application to only the most serious offenses, emphasizing the need for enhanced safeguards. This ruling reflects a compromise between international calls for abolition and domestic support for harsh punishments to deter crime.
The announcement follows a challenge by approximately three dozen individuals on death row, who argue that the penalty violates Taiwan’s constitution. Executions are typically carried out by hanging, although the law permits lethal injections.
While not a member of the United Nations, Taiwan, a democratically governed island, voluntarily adheres to international norms. In 2009, lawmakers ratified the U.N.’s two covenants on human rights, one of which advocates for the abolition of the death penalty.
U.K. Prime Minister visited Taiwan as recently as 2018 to advocate against capital punishment. There have been only two executions since the ruling Democratic Progressive Party took power in 2016, and none since April 2020.
The Constitutional Court upheld capital punishment for serious drug cases in 1999 but in recent years its rulings have led to significant change in Taiwan. A decision in 2017 led to Taiwan becoming the first place in Asia to allow same-sex marriage.
A May poll by the Taiwanese Public Opinion Foundation found that a majority of respondents favor retaining capital punishment. The opposition Kuomintang strongly supports the penalty, while the ruling DPP says the issue should be handled carefully, leading to calls for it 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 retained the presidency but lost its parliamentary majority in , and has been facing increasing legislative challenges from the Kuomintang and its allies.
More than 70% of countries around the world have abolished capital punishment in law or practice, according to the US-based Death Penalty Information Center, which monitors the use of the punishment.
Amnesty International says some countries in Asia still have capital punishment on the books but have not executed anyone over the past 10 years, including South Korea and Sri Lanka, according to Amnesty.
Countries in Asia that retain the death penalty for ordinary citizens include Bangladesh, China, India, Indonesia, Japan, Malaysia, North Korea, Pakistan, Singapore, Thailand and Vietnam, according to the rights group.
Iran carried out the most executions of any nation around the world last year, with more than 850 people put to death, Amnesty says. The top two countries in Asia for executions last year were Bangladesh and Singapore, with five each, it said, adding it had no data from secretive North Korea, which is suspected of carrying out several executions.