The Constitutional Court has failed to overturn Taiwan’s use of the death penalty. The country's 37 death row inmates had petitioned the court, saying the punishment contravened the right to life enshrined in Taiwan's constitution. The Court ruled that the punishment should only be used in the most extreme cases.
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00:00The Constitutional Court has ruled that Taiwan's use of the death penalty is partly
00:06Unconstitutional its long-awaited ruling was in response to a case brought by Taiwan's 37 death row inmates
00:12Louise Watt was in court when the justices began delivering their verdict Louise. What does it say?
00:19Well, Leslie much hope was pinned on this judgment by
00:24activists supporting the 37 death row inmates in their petitions to the court
00:30No political party in Taiwan has moved to abolish the death penalty
00:34That's because survey after survey shows strong public support for keeping the punishment
00:40So activists saw this is the biggest chance in a generation
00:44But the twelve justices the eight men the four women
00:49They did say that while the right to life is protected by Taiwan's
00:54Constitution that protection is not absolute
00:58They said that the state may punish murder to protect people's lives for the purposes of a just
01:05Retribution and to maintain social order so they ruled that it's
01:11Constitutional but its use should be strictly limited
01:15They say it can only be used in the most serious of crimes
01:19Which is essentially what already happens in Taiwan
01:23Even though there's dozens of crimes on the books that still carry capital punishment in practice
01:29It's only handed out for a handful of murder convictions
01:34And in recent years fewer people have been sentenced to death and fewer
01:40Executions have been carried out. The last one was carried out in 2020
01:45Louise what next for the inmates and for the decades-long campaign for abolishment of capital punishment here in Taiwan
01:55Well, none were actually in court to hear this very long judgment being read out
02:01There are a lot of empty rows by my reckoning five of the 37 death row inmates can now file
02:10Extraordinary appeals. That's because that the justices they overturned the mandatory death penalty on
02:17kidnapping that led to murder that
02:21Involves two of the inmates who were sentenced more than 20 years ago before Taiwan removed the mandatory death penalty
02:28And then also the justices rule today that offenders with mental impairments
02:35Should not be executed
02:37That could involve another three of the petitioners the three on death row as well
02:43But the rest have now exhausted their appeals
02:48Some of them have been on death row for more than 30 years
02:52And activists previously said that they thought that the court
02:57Wouldn't hear a case like this for another 20 to 30 years
03:03So what's left for activists they've expressed their palpable disappointment today after the ruling
03:10They may well now try to push again
03:14Legislators try to get legislators to reform capital punishment
03:19Their pressure in the past and international pressure on Taiwanese legislators
03:25Hasn't changed much though because of that strong public support
03:31For the death penalty in Taiwan