On July 19th, the National Human Rights Commission (NHRC), in partnership with the European Economic and Trade Office (EETO), held the “2024 Forum on the Death Penalty and Human Rights Protection in Taiwan.” NHRC Chairperson Chen Chu clearly emphasized that the commission’s advocacy for the abolition of the death penalty does not mean abandoning the pursuit of justice. Instead, the commission advocates the adoption of the restorative justice principle—practiced internationally for years and is gradually being adopted domestically—as the most important measure in response to the abolition of the death penalty. The government should establish supporting measures centered on the families of victims through restorative justice, including addressing and compensating the families of victims and holding offenders accountable for life through measures such as penal labor or correctional education, etc. Taipei City Councilor Miao Poya, one of the discussants, stated that the death penalty is not a solution to problems. The real focus should be on how to handle major crimes and provide more compensation to victims. She also reminded attendees that the issue of whether to abolish the death penalty is highly politicized in Taiwan. If the Constitutional Court rules the death penalty unconstitutional or partially unconstitutional, the government must be prepared and responsible for outlining the next steps. This is essential to reduce public anxiety and prevent the polarization of positions.
EETO Head Filip Grzegorzewski and Director of the French Office in Taipei Franck Paris attended the forum's opening ceremony. Chairperson Chen expressed gratitude for the EETO's support and the long-term concern of the French Office in Taipei regarding abolishing the death penalty in Taiwan. By drawing on the experiences of European countries in abolishing the death penalty, she hopes to ensure that the voices supporting abolition are fully understood by society, creating space for rational dialogue in Taiwanese society. Chairperson Chen also mentioned that although Taiwan is not a member state of the UN, it has been committed to incorporating the 9 core international human rights instruments into its domestic legislation. Many court rulings have cited and adopted relevant international human rights norms, and abolishing the death penalty is an issue that Taiwanese society must face within the context of human rights trends and international human rights standards.
Grzegorzewski stated that the death penalty deprives each and every one of the right to be free from torture. There is no evidence to support that the death penalty deters crimes, and research shows that those sentenced to death are often the most vulnerable in society, which includes low-income individuals and minorities. Once a wrongful death sentence is handed down, the result is irreversible. The EU banned the death penalty entirely in 2003, and since then, public safety has not deteriorated. Director Paris shared a speech made in 1981 by Robert Badinter, which mentioned that no legal system could avoid wrongful convictions. Afterward, the French President announced the abolition of the death penalty. He also noted that over the past 20 years, more than 50 countries have passed laws abolishing the death penalty.
Councilor Miao, who recently returned from France, shared that international political figures from the US, the European Commission, and France are particularly impressed with Taiwan’s ability to resolve significant social disputes through constitutional mechanisms. For instance, legalizing same-sex marriage demonstrates how the Constitutional Court serves as an intermediary system for addressing major constitutional disputes. While everyone can voice their opinions on an issue, the Justices of the Constitutional Court make the final decision. This is the beginning of the current constitutional order, with everyone contributing to the stability of a free and democratic constitutional system.
This forum on the death penalty system, hosted by the NHRC, is the first public discussion of its kind. The event invited several experts and scholars, including Nigel Li, Adjunct Professor at the Graduate Institute of Law at Soochow University; Huang Cheng-yi, Researcher at Academia Sinica’s Institute of Law; Taipei City Councilor Miao Poya; German interpreter Günter Whittome; David Demes, Vice President of the Taiwan Foreign Correspondents Club (TFCC); Dr. Chen Kuan-yu, Director of the FarHugs Clinic; Ewam Lin, Executive Supervisor of the Taiwan Corrections Union; and Hao Po-wei, Founder of the Open Dialogue Network.