Statement | Unlawful Execution is Tantamount to Arbitrary Killing: Joint Statement by Civil Society Organizations Condemning the Ministry of Justice's Resumption of Capital Punishment

There is still an hour and a half left until the execution time reported by the media. Unlawful execution is no different from arbitrary killing; killing for political gain is despicable. We sternly urge President Lai Ching-te and Minister Cheng Ming-ch'ien to stay the execution!
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Pursuant to the intent of Constitutional Court Judgment No. 8 of the Republic of China (Taiwan) Year 113 (hereinafter "Judgment No. 8"), for the 37 petitioners (death row inmates)—including Huang Lin-k'ai, who filed a petition based thereon regarding Criminal Judgment No. 810 of the Supreme Court of the Republic of China (Taiwan) Year 106—imposing the death penalty in an individual case is constitutional only if it applies exclusively to cases involving the most serious crimes and whose criminal procedures meet the Constitution's strictest requirements of due process. Consequently, Judgment No. 8 grants each of these petitioners the right to request the Prosecutor-General to file an extraordinary appeal, and the Prosecutor-General also has the discretion to file one ex officio.
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Furthermore, Judgment No. 8 provides these 37 death row inmates, including Huang Lin-k'ai, with the opportunity to initiate new legal remedies. Regarding such individual cases, Judgment No. 8 not only specifically instructs that the final and conclusive judgment sentencing them to death must be rendered by a panel of judges through a "unanimous decision," but also imposes upon prosecutors the obligation to prove that the final and conclusive judgment was rendered by unanimous decision. Because past deliberation records regarding whether a decision was "unanimous" were kept secret, the 37 death row inmates, including Huang Lin-k'ai, have hitherto been unable to ascertain whether their final and conclusive judgments were "unanimous," thereby giving rise to procedural ambiguities. In addition, the current sentencing procedures for all 37 death row inmates, including Huang Lin-k'ai, did not undergo a "social investigation prior to sentencing," raising doubts as to whether their individual cases meet the Constitution's strictest due process requirements. Until these ambiguities are clarified, and in accordance with the intent and spirit of Judgment No. 8, the competent authorities must not carry out the execution arbitrarily. Any execution carried out under such circumstances constitutes an execution that violates the intent and spirit of Judgment No. 8.

The execution of the death penalty should be reviewed rigorously in accordance with relevant regulations. Before judicial remedies are exhausted and while procedures remain incomplete—specifically at the stage where the death row inmate's attorney has just reviewed the case files—if the relevant authorities directly submit the case to the Minister for execution, disregarding the legal system and acting rashly, this constitutes an unlawful execution.
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Recently, the attorney retained by petitioner Huang Lin-k'ai reviewed the case files, thereby examining whether his individual case judgment falls within the scope of the intent of Judgment No. 8. The petitioner is naturally entitled to request the Prosecutor-General to file an extraordinary appeal. As stated in paragraph 147 of the reasons for Judgment No. 8, this is granted to safeguard the rights and interests of the petitioners and to acknowledge their contribution to the constitutional interpretation petition, providing them with an opportunity for extraordinary legal relief in their underlying cases.

The execution order signed tonight by the Minister of Justice and the President, while the petitioner is still pursuing legal remedies, is undeniably illegal and unconstitutional! It is also an act of killing that the international community cannot accept!

There is still an hour and a half left until the execution time reported by the media. Unlawful execution is no different from arbitrary killing; killing for political gain is despicable. We sternly urge President Lai Ching-te and Minister Cheng Ming-ch'ien to stay the execution!

Issuing Organizations

• Taiwan Alliance to End the Death Penalty
• Taiwan Association for Human Rights
• Judicial Reform Foundation
• Covenant Watch