Erenlai - 按標籤顯示項目: human rights
週三, 28 七月 2010 22:04

The new frontier in abolishing the death penalty

In the second half of the 20th century, there were many changes in death penalty policy worldwide. After the end of World War II and its atrocities, an abolitionist movement started in Western Europe. The first countries to abolish were Italy, Austria and Germany. They were later followed by Great Britain, Spain and France. After the last major power in Western Europe had abolished the death penalty, in 1981, the issue shifted from a question of criminal justice to a question of human rights and limits on government.

Since then, the number, scope and implementation strategies of international human rights treaties and conventions has increased. Among those treaties and conventions lies the Charter of Fundamental Rights of the European Union, which prohibits the use of capital punishment, and the UN moratorium on death penalty, a nonbinding resolution reached in 2007 which calls for a general suspension of the death penalty. In addition to these resolutions, INGOs such as Amnesty International have been launching worldwide campaigns to abolish capital punishment.

In 2009, 95 countries had abolished the death penalty, while only 18 of the 58 retentionist countries are known to have carried out executions in the same year. However, despite a decline in Asia’s overall number of executions, the continent still accounted for 90 percent of the world’s execution in 2009, the majority having been carried out in China, although Bangladesh, Japan, North Korea, Malaysia, Singapore, Thailand, and Vietnam also carried out executions.

Nevertheless, there are many reasons to believe that Asia is the new frontier in the movement to abolish the death penalty. First, many countries are already abolitionist or de facto abolitionist. In 1989, Cambodia abolished death penalty, and then Macao, Hong Kong and more recently the Philippines followed suit, while South Korea has not carried out an execution since December 1997. Second, there is ambivalence in other Asian countries that still practice death penalty, as is the case in Taiwan.

In 1987 the Republic of China (Taiwan) emerged from 40 years of an oppressive regime under martial law, where people could be punished by death, secretly and on a whim. As Chiang Ching-Kuo opened up the country economically and began the democratisation process, Taiwan's institutions were still partly in the hands of the system which had allowed for the White Terror and other miscarriages of social justice. A key component of the democratisation process is transitional justice. The term refers to a complete set of policies in order to transform a society and overcome its past of human rights abuses, authoritarianism and societal traumas to a peaceful and more certain future. For some, this 'transition' is still in progress today.

After some controversial cases during the 1990s such as the Hsichih trio case, the number of executions carried out in Taiwan decreased and a change of attitude towards the death penalty began to emerge. Between 2006 and 2009, no executions were carried out, and Taiwan seemed to be moving gradually toward abolition…

In March 2010, a controversy emerged over the death penalty issue when former Minister of Justice Wang Ching-feng (王清峰) announced her position in favour of abolishing the death penalty adding that she would not step down over the row about enforcing death penalty. Her announcement led to public protests led by victims’ relatives, such as Pai Ping-Ping, a media personality whose daughter was kidnapped and murdered in 1997. On March 11th, Wang Ching-feng resigned after the Presidential Office stated that the death penalties handed down must be carried out and that any suspension of executions must follow the law.

On April 30th 2010, executions in Taiwan were resumed after a 4-year moratorium on the death penalty, as four men were executed by shooting. Human rights organizations as well as representatives of the international community deplored the executions and asked for the immediate reestablishment of a moratorium.

(Image by Ash Ka)

 

 


週一, 26 七月 2010 22:41

Leading the long road to abolition (TAEDP)

Lin Hsinyi is the Executive Director of the Taiwan Alliance to End the Death Penalty (TAEDP). In a gradual reaction to the cases of Zhou Xun-shan, Lu Cheng and Xu Zi-chiang, TEADP was established in 2003, and has been working towards abolition ever since, as well as helping appeal death row cases and offering support to relatives of those who have received a death sentence or who have already been executed. They are currently the most active group in Taiwan regarding the cessation of the death penalty and are also members of the World Coalition Against the Death Penalty (WCADP) and the Anti Death Penalty Asia Network (ADPAN)

As a recognisable outspoken critic of the death penalty, Hsinyi often receives personal threats on her life and body, a product of the prevailing atmosphere of hate. This atmosphere of hate is something she feels is an obstacle to objective debate on the subject. Hsinyi also feels that the resumption of executions after a four year moratorium in May was a huge setback, yet, she believes progressive steps are still being made. Here she talks about why she does not favour the death penalty as a form of punishment, the obstacles to abolishing the death penalty and what can be done in the future.

Or for readers in Mainland China, watch it here

For more information on the TAEDP, watch their own introductory video, or see the English section of their website.


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