37 death row prisoners in Taiwan may petition for extraordinary appeals

Taipei, Sept. 20 (CNA) The 37 death row prisoners in Taiwan who have exhausted their appeals may petition for extraordinary appeals in an effort to alter their punishment, according to a ruling by the Constitutional Court on Friday.

In a case brought by the 37 prisoners, the Constitutional Court ruled that the death penalty was constitutional only for "the most serious" premeditated murders and premeditated crimes resulting in death.

The ruling also prohibits the death sentence for individuals with mental disorders or deficiencies, reversing the current practice that allows only those who prove that their mental conditions have affected their judgment at the time of the crimes to receive reduced sentences.

Any current laws incompatible with the ruling must be amended within two years, according to the Constitutional Court.

At a news conference following the ruling, Yang Hao-ching (楊皓清), the court's director-general, said while the death row prisoners could petition for extraordinary appeals based on Friday's ruling, it was up to the head prosecutor of the Supreme Prosecutors Office to decide whether to accept their petitions.

Even if the head prosecutor files for extraordinary appeals on their behalf, it remains the Supreme Court's discretion to determine whether to review such appeals, he added.

In a press release issued later on Friday, the Supreme Prosecutors Office said it would file for extraordinary appeals for prisoners Chen Yi-lung (陳憶隆) and Huang Chun-chi (黃春棋) because the laws underlying their death sentences were ruled unconstitutional by the Constitutional Court.

The two were sentenced to death more than two decades ago over the kidnapping and murder of a businessman surnamed Huang (黃) in 1995.

As for the remaining 35 prisoners, the office said it would examine each of their cases before determining its next step.

According to the Criminal Procedure Law, the head prosecutor can also take the initiative to file for an extraordinary appeal -- a special procedure intended to correct "improper judgments" -- if it is considered that a punishment imposed on an individual is "against the law."

The Supreme Court, upon reviewing an extraordinary appeal for a case, can revoke parts or all of the judgments and either remit the case to the original court for re-examination or issue a new ruling, according to the extraordinary appeal system.