Minister of Justice Wang Ching-feng, who has refused to sign execution orders for more than 40 inmates on death row since she took office, explained her position in a public letter Tuesday.

She was forced to take a public stance on the issue after Vice Justice Minister Huang Shih-ming, the president’s nominee for prosecutor general, told the Legislative Yuan during a confirmation hearing that while he favors abolition of the death penalty, he thinks inmates on death row should be executed in accordance with the existing law.

The efforts to phase out death sentence is one of the few that have survived changes of government in Taiwan. Capital punishment is still part of the country’s Criminal Code and there are currently more than 40 inmates on death row.

The issue of whether or not to abolish the death penalty involves fundamental principles of democracy and rule of law.

Opponents of abolition have argued that it is contrary to public opinion and that the minister of justice is obliged to carry out court rulings.

On the other hand, proponents have said there are alternatives to the death sentence. They have pointed out that execution is irrevocable and have raised the issue of the risk of executing innocent defendants.

Most of all, they have argued, the right to life is a basic human right and a cornerstone of democracy that should not be stripped away by any authority or by public opinion.

They have also defended the minister of justice’s right to issue indefinite stays of execution, saying it is an administrative decision that is independent of the judiciary’s authority to hand down death sentences.

This controversy exists not only in Taiwan, but also in other places around the world.

Late last year, the Legislative Yuan ratified two international human rights conventions that set the stage for Taiwan to revise its death penalty laws. Under one of the conventions, inmates on death row should have the right to appeal for commutation of sentence and the signatories to the convention are not allowed to postpone or deter the abolition of the death penalty.

We salute Wang Ching-feng’s courage in sticking to her convictions despite criticism. We urge prosecutors to employ scientific methods in their investigation of crimes so as to avoid mistakes. We also urge the Ministry of Justice to provide greater care for crime victims and their families to set the stage for the abolition of the death penalty. (March 11, 2010)

(By Maubo Chang)

More Info: http://www.taiwanheadlines.gov.tw/ct.asp?xItem=182314&CtNode=39