Urgent Petition to Save Hsu Tzu-chiang ~ Do Not Let Hasty Justice Take an Innocent Life!

Dear Friends,

President Ch'en Shui-bian, Judicial Yuan President Weng Yüeh-sheng, and Ministry of Justice Minister Ch'en Ting-nan have previously declared the abolition of the death penalty as a government policy goal. Abolishing the death penalty is also a prevailing trend among countries that value human rights protection internationally, and the issues of capital punishment and human rights protection have at least formally drawn the attention of high-level government decision-makers. While living in a society without the death penalty cannot be achieved overnight, we believe that before relevant legislation to abolish capital punishment is completed, the government should first take other necessary measures. The Supreme Court recently (May 7, 2004) dismissed the fourth extraordinary appeal filed by the Prosecutor-General on behalf of death row inmate Hsu Tzu-chiang, making us once again realize the necessity and urgency of suspending the execution of the death penalty.

First, we believe that sentencing Hsu Tzu-chiang to death based merely on mutually contradictory confessions from co-defendants, without any other evidence to prove his involvement, is a judicial ruling that disregards the human rights of criminal defendants and due process, which is truly unacceptable. In particular, the new criminal procedure system implemented on September 1st of last year (2003) specifically requires judges to adopt the "strict evidence rule" when adjudicating cases, and mandates procedural separation and cross-examination for statements detrimental to co-defendants. The Supreme Court's dismissal of the extraordinary appeal this time clearly failed to consider the human rights-protecting spirit of the new criminal procedure system.

Facing this individual case full of doubts, on one hand, we appeal to Minister of Justice Ch'en Ting-nan to stay executions, and we also hope the Grand Justices can soon issue a clear interpretation regarding whether the judgment in this case is unconstitutional (Note: Since the Judicial Reform Foundation submitted the constitutional interpretation petition for Hsu Tzu-chiang on October 1st of last year, we have yet to receive a response from the Grand Justices). At the same time, we also hope the government will emulate countries like Russia and Ukraine by having the executive branch take necessary measures to suspend the execution of the death penalty while committing to its abolition before legislation is finalized.

Therefore, we call upon the government: The ideal of building a nation upon human rights begins with the abolition of the death penalty! Abolishing the death penalty begins with suspending the death penalty! Suspending the execution of the death penalty begins with Hsu Tzu-chiang!

Alliance for the Promotion of Alternatives to the Death Penalty: Judicial Reform Foundation, Taiwan Association for Human Rights, Taipei Bar Association, Fu Jen Catholic University Center for Peace and Dialogue, Chang Fo-chuan Center for Human Rights, Alliance for Fairness and Justice, Care Life Association, Taiwan Media Watch, Taiwan Labour Front, Chun-kao Law Firm, Taiwan Law Association, Taiwan Association for Truth and Reconciliation (Gender/Sexuality Rights), Homemakers Education Foundation, The Social Economy & Culture Committee of the Presbyterian Church in Taiwan, Overseas Students' Parents Association... (Participating organizations and individuals continue to grow)

☆★☆ If you agree with the above ideals, you are welcome to sign this petition. The Alliance for the Promotion of Alternatives to the Death Penalty will compile and forward the signatures to President Ch'en Shui-bian and Minister Ch'en Ting-nan, demanding them to stay executions and suspend the death penalty.

If you agree with the above demands, please sign in support of the "Support Hsu Tzu-chiang Death Penalty Case Campaign"