Press Conference to Save Hsu Tzu-chiang

To save the life of death-row inmate Hsu Tzu-chiang, the Judicial Reform Foundation (hereinafter referred to as the JRF) held another press conference this morning (the 3rd), calling upon the Grand Justices of the Judicial Yuan, Minister of Justice Ch'en Ting-nan, and the Taiwan High Court from the perspectives of legal systems and human rights protection.
 
Although the Supreme Court dismissed the Prosecutor-General's fourth extraordinary appeal on behalf of death-row inmate Hsu Tzu-chiang on May 6, 2004, media reports indicate that the Grand Justices of the Judicial Yuan have recently accepted the constitutional interpretation petition filed by the JRF for Hsu Tzu-chiang. Given that this case is fraught with doubts and that the execution of the death penalty is irreversible, the JRF makes the following three appeals:

1. The Ministry of Justice should promptly amend the "Directions for the Review and Execution of Death Penalty Cases" to include a death-row inmate's petition for constitutional interpretation as grounds for staying the execution: The current "Directions for the Review and Execution of Death Penalty Cases" do not list a death-row inmate's petition for constitutional interpretation as a ground for staying execution [see Appendix], which could lead to the unreasonable scenario where a death-row inmate is executed by firing squad while their constitutional interpretation case is pending before the Grand Justices of the Judicial Yuan. Therefore, the JRF calls upon the Ministry of Justice to immediately amend these directions, explicitly stipulating that petitioning for constitutional interpretation shall be a ground for staying the execution of the death penalty, and to stay Hsu Tzu-chiang's execution accordingly.
2. The Grand Justices of the Judicial Yuan should establish a mechanism for provisional remedies to protect the rights of individuals petitioning for constitutional interpretation: Currently, although our country's "Constitutional Court Procedure Act" lacks provisions similar to the provisional injunction system of the Federal Constitutional Court of Germany—thereby lacking a provisional remedy function for irreparable harm to people's rights—considering that human lives are at stake and that the Grand Justices previously set a precedent of "supplementing legislation and creating rights" in Interpretation No. 477, the JRF calls upon the Grand Justices to simultaneously consider establishing a mechanism for provisional remedies (in this case, staying the execution of the death penalty) upon accepting Hsu Tzu-chiang's case, so that the rights of individuals petitioning for constitutional interpretation can be protected and irreversible harm avoided.
3. The Taiwan High Court should promptly review Hsu Tzu-chiang's motion for a retrial, allowing the judiciary to exercise its self-review and remedial functions: Pro bono defense attorneys from the JRF filed a motion for a retrial on behalf of Hsu Tzu-chiang more than half a year ago, yet the Taiwan High Court has not yet rendered a ruling granting or denying it. This raises concerns that judicial remedies may come too late for Hsu Tzu-chiang, whose life hangs in the balance. Therefore, the JRF calls upon the Taiwan High Court to promptly review Hsu Tzu-chiang's motion for a retrial, allowing the judiciary to exercise its functions of self-review and remedy.

Appendix

Directions for the Review and Execution of Death Penalty Cases

Attendees

Lin Yung-sung, Attorney and Board Director, Judicial Reform Foundation
Wu Chih-kuang, Professor and Director of the Center for Peace Studies, Fu Jen Catholic University
Yu Po-hsiang, Attorney and Convener of the Case Tracking Group, Judicial Reform Foundation
Ch'en Chien-hung, Pro Bono Defense Attorney for the Hsu Tzu-chiang Case
Hsu Chen Hsiu-ch'in, Mother of Hsu Tzu-chiang