Motion condemning the use of the death penalty in Taiwan, particularly the case of Chiou Ho-shun
Oct. 25, 2019, Taipei
Delegates of the FIDH 40th Congress,
Recognize that the Taiwanese government resumed execution of the death penalty in 2010 after a 4-year moratorium and the passage of the Act to Implement the ICCPR & ICESCR in 2009.
Expressing deep concern that the rights of Mr. Chiou Ho-shun, who has spent over 30 years in detention, have been seriously violated. His access to a fair trial was denied due to the loss of physical exhibits during trial, without any opportunity of cross-examination of the witness. According to the recent Judgment of the Asian Human Rights Court Simulation (AHRCS) on the Case Chiou Ho-shun v. Taiwan by the 7 Judges who were human rights experts across the region, it ruled the Taiwaese government violated Articles 7 and 14 of the ICCPR.
Note with grave concern that the execution of the death row inmates living with psycho-social disability violated a series of UN resolutions and standards upheld in the Convention on the Rights of Persons with Disabilities (CRPD). The Guideline of Execution on the Death Penalty of Taiwan should be reviewed and revised to comply with the CRPD.
Note that three death row inmates died in prison this year, including one through suicide. No independent investigations have been carried out nor reports on these deaths. Currently there are 39 inmates on death row, and no proper procedure is in place for them to seek clemency. Every death row inmate has been constantly under the pressure and risk of being executed at anytime.
Note the fact that the execution is carried out by a single gunman. The psychological pressure and mental health of the executioner has not been taken seriously by the authorities. The secrecy surrounding the execution prevents the family members of the death row inmate from seeing him or her for the last time.
Recall that, during the FIDH 40th Congress in Taiwan, an FIDH international delegation visited the Taipei Detention Center, where Mr. Chiou Ho-shu, has been on death row for the past eight years and is awaiting execution.
Call upon the Taiwanese government to examine the human rights violations against Mr. Chiou Ho-shun, and to provide proper remedies for these violations.
Call upon the Taiwanese government to take necessary action to comply with Articles 6, 7, and 14 of the ICCPR, and the latest released General Comment no. 36. In the meantime, we strongly encourage the Taiwanese government to impose a moratorium on the death penalty until its abolition.
Call upon the Taiwanese government to review the Death Penalty Execution Points and to revise the items which violate the Convention on the Rights of persons with Disabilities (CRPD).
Call upon the Taiwanese government to review the procedure of clemency, and to ensure the effectiveness of the procedure.
Call upon the Taiwanese government to investigate the social and psychological conditions of the death row inmates, and to improve their treatment in detention.