Historic challenge against death penalty unfolds in Taiwan

TAIPEI (TVBS News) — Taiwan's Constitutional Court began oral arguments Tuesday, April 23, over the constitutionality of the death penalty, following appeals from 37 death row inmates. The inmates' legal team, led by prominent constitutional attorney Nigel Li, is challenging the Ministry of Justice.

Ministry of Justice Department of Prosecutorial Affairs Director-General Kuo Yung-fa emphasized the strict adherence to fair trial procedures to ensure the objectivity of death penalty decisions. Over the past five years, only one death sentence has been finalized.

Among the appellants is Taiwan's oldest death row inmate, 72-year-old Wang Hsin-fu, who argues that the death penalty violates the constitution. The Constitutional Court has consolidated other appeals, including those from the longest-serving death row inmate, Chiu Ho-shun, the longest-waiting for execution, Huang Chun-chih, and Chen Yi-lung, among others.

The Constitutional Court consists of 15 justices, three of whom have presided over death penalty cases and served as defense attorneys, and will recuse themselves. The remaining 12 justices need a majority of seven votes to determine whether the death penalty is unconstitutional.

Between 2010 and 2020, a total of 35 death row inmates were executed. The challenge to Taiwan's death penalty system by the 37 death row inmates could see a decision as early as July.