Taiwan’s Death Row Prisoners Say Punishment Is Unconstitutional

TaiwanPlus News

Taiwan’s Constitutional Court says it needs more time to consider a case calling into question the legality of the death penalty. Death row inmates are arguing the punishment is unconstitutional.

Transcript

00:0055-year-old Xu Ziqiang regularly gets letters from prisoners in Taiwan complaining of injustices.

00:09They write to him seeking help, believing he will understand.

00:13Xu spent 12 years on death row here for the kidnap and murder of a businessman, a crime

00:20he did not commit.

00:22He says that every night in his cell, he would dress in smart clothes prepared by his family,

00:29awaiting his execution.

01:00Now exonerated, the former truck driver works for a non-profit, advocating for judicial

01:07reform and an end to capital punishment, a cause that has recently been brought to court

01:14by the 37 prisoners still on Taiwan's death row.

01:19Here at the constitutional court, lawyers for Taiwan's death row inmates argued that

01:24the punishment is unconstitutional, that it goes against the right of existence that's

01:29enshrined in the country's constitution.

01:32The landmark hearing also heard from the government, which argued that the issue of the death penalty

01:37should not be decided by a court, but by legislators.

01:42Over the years, neither of the main two political parties has moved to abolish the death penalty,

01:48which has strong support among the public.

01:51According to surveys commissioned by the Justice Ministry, around 80 percent of Taiwanese want

01:57to keep the punishment.

02:00Constitutional law expert Jimmy Xu Jiaxin, who gave an advisory opinion to the court,

02:06says Taiwanese society is not ready to abolish the death penalty.

02:11As a post-confusion society, by that I mean, you know, we still have some confusion legacies.

02:18And if you dig into the traditional Chinese law, it's quite clear that, especially with

02:26regard to the most serious crimes, the retributive aspect of punishment is quite clear.

02:36But the number of executions in Taiwan has gradually gone down since the country transitioned

02:42in the 1990s from authoritarianism to democracy.

02:46And no executions have been carried out since 2020.

02:51The Constitutional Court was meant to make its decision on the abolition of capital punishment

02:56by next week, but it has now announced it will delay this for a maximum of two more

03:01months.

03:03Xu was released in 2012, but in the 12 years that he was on death row, Taiwan executed

03:10more than 40 people.

03:12He still has nightmares.

03:14And to him, it's clear the death penalty should not exist.

03:34Every day after work now, Xu goes for a walk, with no plan in mind and no set course.

03:41He says his years behind bars have taught him to cherish what he has today.

03:47The freedom to walk outside, his family and his life.

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