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Statement from the pro bono defense team 
of Su Chien-ho, Liu Bin-lang and Chuang Lin-hsun (the ‘Hsichih Trio’)
April 21, 2011 (中文版請點選這裡

We will not give up fighting for Su, Liu and Chuang

Today the Supreme Court repealed the not-guilty judgment handed down last year in the “Hsichih Trio” case and remanded this 20-year-old case for yet another retrial at the High Court. We deeply regret the Court’s decision and are pained to see our clients put through yet another trial.
 
When the Hsichih Trio case was finally reopened in 2000, the defendants were found not guilty in 2003 and released. But the Supreme Court has continued to order retrials. After remanding the case twice, the latest High Court trial brought the truth to light: One murderer, two victims, and three innocent defendants.
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Taiwan's Death-Penalty Debate Could Influence Asia 

APRIL 15, 2011, 8:49 PM HKT 

The ongoing debate in Taiwan about capital punishment could influence China and its other East Asian neighbors, according to a report from human-rights organization Dui Hua Foundation.

Although more than 70% of Taiwanese support capital punishment, debate about it came to the fore this year when president Ma Ying-jeou apologized in January for the wrongful execution of a soldier for the murder of a child in 1996. The government also executed five prisoners without notifying their families in March.

The executions attracted condemnation from the European Union and advocacy groups, and marked the second time Taiwan executed convicts following an informal four-year moratorium.

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WEDNESDAY, APRIL 13, 2011

Death Penalty Trends in Asia Have Possible Implications for China

In Asia, the latest controversy over the use of the death penalty erupted not in mainland China but across the strait in Taiwan. In January, the defense ministry there was forced to issue a public apology for a wrongful execution in 1997, followed in early March by the execution of five prisoners without notifying their families.

Advocacy groups decried the executions, the European Union expressed its revulsion, and protests broke out. Taiwan's leadership has responded defiantly. In late March, President Ma Ying-jeou announced that Taiwan would keep carrying out executions of death row inmates as its laws mandate but that the government, which has reduced the use of the death penalty, maintains a policy to phase it out through existing laws and regulations-as in the recent replacement of mandated death sentences with discretionary sentencing.
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A blow to human rights: Taiwan resumes executions

the Death Penalty in Taiwan, 2010 

Annual report by TAEDP

 

Summary 

Taiwan's government has over the past decade asserted that it is "gradually" moving toward abolition. Despite this, it has neither offered a timeline for abolition nor proposed concrete steps toward that goal. It continues to carry out executions and does not see a moratorium as necessary to move toward abolition. Thus, after a four-year hiatus, in 2010, Taiwan resumed executions. 

On April 30, the Ministry of Justice executed four people. Although the government said the executions were "in line with the law," civic groups and academics believe they violated Articles 6 and 14 of the ICCPR, which Taiwan incorporated into domestic law in 2009. 

On May 28, the Constitutional Court dismissed three applications for judicial review submitted by the TAEDP on behalf of death row inmates. In doing so, the justices avoided reaching a consensus on a controversial issue. 

As of the end of 2010, 44 people were at imminent risk of execution. Four persons saw their death sentences finalized during 2010 and four were executed. 

We urge the government to take the following steps: 

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No ‘grace period' for violating life

Sat, Mar 19, 2011 - Page 8 

By Kao Yung-cheng 高涌誠

On Tuesday, the Taipei Times ran an article, "Explaining the process of capital punishment," penned by Deputy Minister of Justice Wu Chen-huan (吳陳鐶) deflecting criticism that the executions on March 4 were illegal. I welcome the ministry's response to our concerns, but would like to point out a number of problems with his argument.

First, Wu defends the Amnesty Act (赦免法). It is important to respond to this, because this is the heart of why the executions were illegal. Article 6 of the International Covenant on Civil and Political Rights (ICCPR) grants all death row inmates the right to seek a pardon or commutation, and since the ICCPR was incorporated into domestic law in 2009, proceeding with executions in the absence of this right violates the law.

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[ LETTER ]

Thu, Mar 17, 2011 - Page 8 Taipei Times

Real deal behind abolition

Huang Juei-ming’s (黃瑞明) stance is clear (“Germany’s path toward abolishing executions,” March 13, page 8) in that he supports the death penalty. However, we see no argument in his article that would support its legitimacy.

Since resuming executions last year, has public security improved in Taiwan? Have the perpetrators in the Taichung shooting incident or in the attack on Sean Lien (連勝文) been deterred by the death penalty?

Instead, Huang assumes the role of an historian. By selectively distorting historical details, he attempts to deal a blow to the legitimacy of the movement to abolish capital punishment.
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MOJ ignores inconvenient laws
 
By Lin Hsin-yi 林欣怡  / Fri, Mar 11, 2011 - Page 8 Taipei Times
 
On Friday last week, Minister of Justice Tseng Yung-fu (曾勇夫) signed off on the executions of five people in one day, for which the Taiwan Alliance to End the Death Penalty (TAEDP) protested it violated the International Covenant on Civil and Political Rights (ICCPR) and domestic law.
 
In response, President Ma Ying-jeou (馬英九) said at a public event that “the death penalty does not violate” the ICCPR.
 
The Ministry of Justice (MOJ) released a press statement saying: “Carrying out the death penalty is, at this stage, in accordance with the law and does not violate the UN covenants.”
 
It is not surprising that the ministry would respond like this, because this is how it generally responds. Nevertheless, it failed to answer the points that we raised.
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編按:國際反死刑委員會(ICDP)於2010年10 月10日的世界反死刑日成立,總部設在西班牙馬德里。現任的主席Federico Mayor曾經擔任過聯合國教育科學文化組織(UNESCO)的秘書長,此外包括帶領法國廢除死刑的前司法部長Robert Badinter、前瑞士總統Ruth Dreifuss、擔任過兩任義大利總理目前是World Justice Project榮譽主席的Giuliano Amato以及前聯合國人權事務高級專員Louise Arbour...都是成員。ICDP的目標是推動2015年達成全球零死刑的目標。

馬德里,2011年3月7日
國際反死刑委員會(ICDP) 針對台灣槍決五名死囚的聲明


台灣於2011年3月4日槍決了五名死囚,國際反死刑委員會(ICDP)對此表示強烈的譴責。

日前才爆發江國慶冤案,且台灣總統和國防部長公開道歉,彷彿是個契機,但不到數週,台灣政府很快又執行死刑,ICDP對此感到遺憾。處決無辜者,這對於所有仍維持死刑制度的國家,包括台灣,應該要引以為戒,因為不管一個司法體制再怎麼健全,都不可能完全排除掉錯殺的冤案。

死刑損害人性尊嚴,並違反《普世人權宣言》中所認可的生存權,且不管罪行有多麼嚴重,任何情況下都不應該適用死刑。再者,所謂死刑的嚇阻效果,根本就不存在有這方面的佐證資料。

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Taiwan Alliance to End the Death Penalty

Press Release

March 4, 2011

 

In response to reports that executions may proceed today:

Any executions at this point in time would be illegal

 

According to today’s copies of the Liberty Times and United Daily, the Ministry of Justice has stepped up its plans to carry out executions. At the earliest, executions are expected today. The Liberty Times reported that up to five people would be put to death. According to the United Daily, the ministry’s task group on executions met quietly to finalize the list of those to be executed and forwarded at least two execution orders to the Minister of Justice for his signature.

 

On March 1, the TAEDP responded to Minister of Justice Tseng Yung-fu’s statement on proceeding with executions. Carrying out any executions at this point in time would violate both domestic law and international human rights law.

 

Under Article 6, Paragraph 4 of the ICCPR: “Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.” This is legally binding in Taiwan. Taiwan passed the ICCPR in 2009 and incorporated it into domestic law the same year (the Act to Implement the ICCPR and ICESCR).

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Taiwan Alliance to End the Death Penalty

Press release

March 1, 2011

In response to Minister of Justice Tseng Yung-fu’s statement that there could be “an opportunity this month” to carry out executions:

At the legislature yesterday morning (March 1), Minister of Justice Tseng Yung-fu said in response to a question from Legislator Wu Yu-sheng that there could be “an opportunity this month” to carry out executions. Tseng said the Ministry of Justice is investigating whether any inmates currently on death row do not have pending applications for extraordinary appeal, retrial or judicial review. The ministry would proceed to the next step in such cases, he said, meaning that “there would be an opportunity [to carry out executions] this month” (Central News Agency).

The Taiwan Alliance to End the Death Penalty (TAEDP) would like to draw attention to the following:

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