A Taiwanese court ruling could lead to the island’s abolition of capital punishment. But, given strong public support for the death penalty, the court may have to sail against the wind to reach a consensus.

Taiwan’s Constitutional Court on Tuesday debated the island’s death penalty and discussed whether it violates the rights guaranteed under the Taiwanese constitution.

The democratic island is known for its strong human rights record and progressive stance on marriage equality and LGBTQ+ rights. In 2019, Taiwan became the first place in Asia to legalize same-sex marriage.

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    17 months ago

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    Beijing considers self-ruled Taiwan to be Chinese territory, and President Xi Jinping has made “reuniting” the democratic island with mainland China a long-running centerpiece of his strategic policy.

    While the final ruling on the constitutionality of the death penalty is not expected to be made before the end of September, the debate surrounding capital punishment has become heated.

    “If we can understand the process of a criminal’s downfall, why do we focus on killing the fallen angel while overlooking the Satan who led them astray?”

    The defendants, represented by officials from Taiwan’s Ministry of Justice (MOJ), claimed that capital punishment is considered only “as a last resort” which does not violate the protection of the right to life.

    Basic rights guaranteed in Taiwan’s constitution “can be restricted within the framework of legal preservation and the principle of proportionality,” MOJ officials added.

    But for those supporting the abolition of capital punishment, the execution of perpetrators could only offer temporary solace to victims’ loved ones, rather than long-term comfort.


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