KMT lawmakers criticize death penalty court ruling

Taipei, Sept. 26 (CNA) Several opposition Kuomintang (KMT) lawmakers on Thursday criticized Taiwan's Constitutional Court, accusing it of making a "hypocritical" ruling that limits the use of the death penalty and fails to deliver justice to victims.

Although the Constitutional Court's Judgment 113-Hsien-Pan-8, delivered on Sept. 20, may better protect defendants' right to due process, the ruling effectively makes it impossible to sentence a convict to death, thereby failing to deliver justice, KMT Legislator-at-Large Wu Tsung-hsien (吳宗憲) said during a news conference in Taipei.

As a former prosecutor for 20 years, Wu said he had accompanied victims' families through such tragedies, while many people who advocate for the protection of offenders' rights have not.

KMT lawmakers Huang Chien-pin (黃建賓) and Yu Hao (游顥) said during the news conference that the general public would not feel safe if criminals could escape death.

A man whose son was killed during a school stabbing in New Taipei in December also appeared via a video link during the news conference.

"If you are victims' families like us, then you could talk to us about the human rights of the perpetrators. You will never understand the pain in our hearts," the father said.

"I haven't had a good night's sleep since (my son died). Every day, I hope my son will come back to me, only to be disappointed. Have you ever gone through such experiences over and over again?" he asked the Constitutional Court Justices and human rights groups.

Wu said the death penalty remains a strong message to society that justice is being upheld. He pledged to take action alongside fellow lawmakers, including pursuing law amendments, organizing street protests, and advocating for a referendum on the issue.

According to the judgement, the court ruled that in cases where defendants are found guilty of homicide -- including those committed in certain scenarios, such as during rape, robbery, or kidnapping for ransom -- the death penalty can only be applied to "the most serious crimes" and must conform with "the strictest requirements of due process in terms of criminal procedure."

The court specified four criminal provisions regarding homicide, because the 37 death-row inmates who petitioned the court were sentenced to death for at least of one of them, it said in a press statement on the judgement.

However, part of the Code of Criminal Procedure was ruled unconstitutional on the grounds that the current system does not protect the defendants' or suspects' right to life, right to defense, and due process of law, during trials or investigations.

A two-year grace period was given for required law amendments to be made, and the 37 petitioners, the remaining death-row inmates, can lodge an extraordinary appeal, depending on the progress of the law amendments or the situation in their respective cases, according to the judgment. The Attorney General may also make appeals on their behalf.

In response, the ruling Democratic Progressive Party's (DPP) legislative caucus urged their KMT colleagues to focus on work to amend laws and establish a better scrutinized system in line with the judgement, and to end attacks on the Constitutional Court, caucus whip Wu Szu-yao (吳思瑤) said during a news conference on Thursday.

According to Wu, the DPP plans to push for no parole for people sentenced to life in prison, while introducing laws to ensure suspects cannot use protections afforded people with mental disorders to avoid the death penalty.