Legislature passes referendum on opposing death penalty abolition

Taipei, May 16 (CNA) An opposition-backed referendum proposal to "oppose the abolition of the death penalty" cleared the Legislature on Friday, despite abolition not being the stated policy of the Democratic Progressive Party (DPP) government.

The vote is expected to take place on Aug 23.

The main opposition Kuomintang (KMT) and the smaller Taiwan People's Party (TPP) jointly pushed through the proposal in a 54-48 vote, bypassing the usual committee-stage deliberative process.

The death penalty abolition referendum along with a second referendum proposal on "opposing martial law," was introduced by the KMT on March 17, against the backdrop of competing recall campaigns, with supporters on both sides of the political spectrum launching petitions to unseat lawmakers from the opposing camp.

The referendum proposal on "opposing martial law" is scheduled for a vote next Tuesday and is expected to pass.

The referendum proposal framed as "opposing the abolition of the death penalty" will ask voters: "Do you agree that judges in a collegiate panel at all levels of courts do not need unanimous agreement to sentence a defendant to the death penalty?"

In Taiwan, the death penalty remains on the books, but the Constitutional Court last September severely limited its use, including a demand that a court should not issue a death penalty unless the decision is upheld by all presiding judges in a ruling that found capital punishment to be constitutional.

"With the constitutional ruling, one could argue that the death penalty exists in name only," said KMT Legislator Wu Tsung-hsien (吳宗憲) on Friday, who sponsored the proposal. "We opposed the ruling that undermines judges' ability to independently exercise their judgment under the law."

The second referendum proposal on "opposing martial law" would ask: "Do you agree the government should avoid war and prevent Taiwan from becoming a place of martial law, where youth die and homes are destroyed, as in Ukraine?"

When making the case for the two referendum proposals on March 17, KMT Chairman Eric Chu (朱立倫) said the one on "opposing martial law" was intended to urge the government to "refrain from unilaterally triggering the risk of war or imposing martial law."

Chu was referring to President Lai Ching-te's (賴清德) 17 national security measures, which his administration said are intended to counter perceived threats from China -- including reinstating military courts to address rising espionage cases -- but which the KMT has criticized as provocative and potentially escalating cross-strait tensions.

The DPP has characterized the two referendums as addressing "non-existent issues." On March 18, Premier Cho Jung-tai (卓榮泰) likened the move to "searching in a dark room for two black cats that aren't even there."

Once the Legislature approves a referendum proposal, it must be submitted to the Central Election Commission (CEC) within 10 days. The CEC is then required to publish a notification of the vote at least 90 days before a referendum is held, with the designated date being the fourth Saturday of August every other year, or Aug. 23 this year.

According to the Referendum Act, the CEC does not have the authority to approve or reject referendum proposals from the Legislature, meaning this will be the first time the Legislature has ever directly initiated a referendum in Taiwan.