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Updated Thursday, March 11, 2010 9:35 am TWN, The China Post news staff

No death order: Wang

TAIPEI, Taiwan -- Justice Minister Wang Ching-feng yesterday said she would rather “go to hell” than to execute death sentences during her term, attracting criticism from legislators that she was not acting in accordance with Taiwan law, which allows death penalties.

In a letter titled “Rationality and humanity: moratorium on death penalty executions” (理性與寬容 - 暫停執行死刑), Wang said the Ministry of Justice (MOJ) had already set up a committee to consider the practicality of abolishing death sentences.

She said it is against human rights and the spirit of justice to take the life of any criminal. While the purpose of death sentences is to separate criminals from the society to ensure the public's safety, death is not the only way that can serve that purpose.

“Abolishing death sentences should not be in future tense,” said Wang. “It should be in the present continuous tense. Those people may be bad and should be punished, but I don't believe that by taking away their lives, society will become better. I'd rather go to hell than to approve the executions.”

There are 44 convicts on death row in Taiwan, and another 77 are still appealing against death penalties.

Despite the court sentences, Taiwan law states that all executions have to be ordered by the justice minister, after which the sentence should be carried out within three days. Taiwan's last execution was in 2005.

In 2007, the United Nation passed a non-binding resolution asking its member states for “a moratorium on executions with a view to abolishing the death penalty”. Currently, some 70 percent of nations in the world are in compliance with that resolution with 104 countries that have abolished death penalties, and 35 that have not executed anyone in 10 years.

Taiwan is not a U.N. member.

Political Deputy Minister of Justice Huang Shih-ming, who has been nominated as the nation's new top prosecutor, said on Monday that he personally agrees with abolishing capital punishment.

However, Huang said the execution of the 44 convicts who were already sentenced should be carried out, as the government should act in accordance with the laws.

Legislator Says Wang Breached the Law

Legislator Wu Yu-sheng said Wang's action was inappropriate and demanded her immediate resignation. He said the death penalty and its execution are clearly stated in the current law. “If the law states how things should be but the executive departments refuse to execute, it is wrong. She's breaching the law.” Wu said.

Chao Chang-ping, a member of the Control Yuan, said Taiwan is ruled by the law. If the law states that a criminal should be executed, but the Ministry of Justice insists on not acting according to it, it would hurt the integrity of the law.

Chao said the Ministry of Justice should instead follow legal procedures and file special appeals to overturn the death sentences.

Chao said the execution of the death penalty has long been a problem, with previous ministers of justice also reluctant to execute the sentences. He said he would investigate the case with another member of the Control Yuan.

Families of Murder Victim Upset

He Hai-hsin (何海新), whose daughter was killed in 2002 by a man who was given capital punishment but has not yet been executed, accused Wang of “protecting the evildoers”. He said he would feel slightly better if the murderer was executed even though he knows his daughter would not come back.

“It is not even about whether death penalty should be abolished. It's about whether there is still justice in Taiwan,” he said.

According to a survey done by National Chung Cheng University in January, 52 percent of the respondents said the 44 convicts on death row should be executed as soon as possible, while 42.7 percent said the sentence should be converted to life imprisonment with no right for parole. A total of 45.1 percent were against the abolishment of capital punishment while only four percent said it should be abolished.

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March 11, 2010 eddie@

This so-called Justice Minister is only looking after her own spiritual interests, afraid about what will happen to her in the after-life if she approves the execution of these criminals. People who have been proven to be guilty of capital crimes should just be put to death. Keeping them alive in prisons only increases the financial burden. ESPECIALLY FOR THOSE OF US WHO HAVE TO PAY TAXES TO CLOTHE AND FEED THAT KIND OF TRASH. I'd rather my tax dollars go somewhere more productive. KEEP THE DEATH SENTENCE ALIVE.

March 11, 2010 hsuwenchih@

The victims would be increased if the death penalties were abolished.

March 11, 2010 robert_chen2@

The question should be decided by referendum.

March 12, 2010 carltanong@

Wang. Just one simple question. If you are the victim of a heinous crime committed from a RAPIST who violated your PURITY and WOMANHOOD. And you as a Justice Minister are you going to forgive him? Are you going to let him live for another day? If you dare to tell me you will forgive him for humanitarian reason. Then I support your wisdom to abolish the dead penalty. And it’s needless for you to go to hell.

March 12, 2010 efa5438@

If Ms. Wang cannot perform "All of the duties and responsibilities of her position", then she should be removed. The people on death row were not put there by mistake and they should get the punishment they earned! Ms. Wang can not and should not use her Religious views to determine the manor in which she performs her duties!

March 12, 2010 MARK131313@

Dear sir:
After reading this article, I can only be thankful in ways that this Minister does not want the death sentence.
Here in Canada, we also have complied, and done away with the death sentence. It is mostly because we have found the odd case, where the accused has subsequently been found innocent due to new progressions regarding criminology.
Mostly due to new DNA evidence which clears the individual who perhaps would now be dead due to his/her death sentence.
How would Taiwan feel if people say, accused of murder, were subsequently found innocent through additional forthcoming evidence, but yet, they have killed this individual.
There is too much room for police work sometimes zeroing in on an individual, who may or not be responsible??
That has been happening world-wide, what with innocent people being sentenced to death for something they did not do. Imagine sitting on death row awaiting execution, and knowing that you are indeed innocent?????

March 13, 2010 elumpen@

Laws always evolve. Up until 200 years ago, we in Europe thought it was perfectly OK for the state to torture and kill people in the most vile manner for the slightest crime, real or imagined. Fortunately, we eventually figured out it was barbaric and stopped doing it, but not before a few would-be reformers had been pilloried (both figuratively and literally). OK, we're slow learners - but it's depressing to see Taiwan keeping its political head firmly buried in the sand. Wang was one of the few people in Taiwan's legislature who is actually smart enough to form her own opinion and defend it with logic (as opposed to schoolboy nonsense about 'acting in accordance with the law' - the intent, surely, of passing every death-sentence through an approvals process is so that the Justice Minister has an opportunity to say 'no' - otherwise why bother?). Now she's gone, and the collective intellect of Taiwan's ruling body has sunk another notch.

March 14, 2010 dpp4sale@

Those killers are the untouchables inside. They take warm baths everyday, have their own TV sets, cigarettes is no problem and they have their own personal masseur to satisfy themselves.
WHY FEED those MADA_KERS???

March 16, 2010 carltanong@

MARK131313@ wrote:
Dear sir:
After reading this article, I can only be thankful in ways that this Minister does not want the death sentence.
Here in Canada, we also have complied, and done away with the death sentence. It is mostly because we have found the odd case, where the accused has subsequently been found innocent due to new progressions regarding criminology.
Mostly due to new DNA evidence which clears the individual who perhaps would now be dead due to his/her death sentence.
How would Taiwan feel if people say, accused of murder, were subsequently found innocent through additional forthcoming evidence, but yet, they have killed this individual.
There is too much room for police work sometimes zeroing in on an individual, who may or not be responsible??
That has been happening world-wide, what with innocent people being sentenced to death for something they did not do. Imagine sitting on death row awaiting execution, and knowing that you are indeed innocent?????

Dear mark.
1994- Orenthal James Simpson (O.J. Simpson). Brutally Murdering his own ex-wife Nicole Brown Simpson and Ronald Goldman? But this murderer was acquitted by the Jury in 1995.
2008-0.J.Simpson was convicted of a number of crimes including Armed Robbery and Kidnapping. Subsequently was sentence to a minimum of 9 years in prison.
If the Jury in 1995 use their own evaluation of wisdom of this sensational heinous crime committed by 0.J.Simpson in 1994 and made the right verdict and put him to dead. Will 0.J.Simson have chances to commit another heinous crime in 2008?
Human Right for the CRIMINAL'S or Human Right for the LAW ABIDING CITIZENS?
Criminal's committed heinous crime should be put to death.
Law Abiding Citizens should be PROTECTED and given by the LAW their right to live in SECURED ENVIRONMENT.

March 31, 2010 the_alliance47@

They are called human rights, because these rights pertain to *all* humans.

Two weeks ago, Amnesty International issued this letter to President Ma: http://www.amnestyusa.org/document.php?id=ENGNAU2010031815873&lang=e

April 5, 2010 zengzc48@

carltanong@ wrote:
Dear mark.
1994- Orenthal James Simpson (O.J. Simpson). Brutally Murdering his own ex-wife Nicole Brown Simpson and Ronald Goldman? But this murderer was acquitted by the Jury in 1995.
2008-0.J.Simpson was convicted of a number of crimes including Armed Robbery and Kidnapping. Subsequently was sentence to a minimum of 9 years in prison.
If the Jury in 1995 use their own evaluation of wisdom of this sensational heinous crime committed by 0.J.Simpson in 1994 and made the right verdict and put him to dead. Will 0.J.Simson have chances to commit another heinous crime in 2008?
Human Right for the CRIMINAL'S or Human Right for the LAW ABIDING CITIZENS?
Criminal's committed heinous crime should be put to death.
Law Abiding Citizens should be PROTECTED and given by the LAW their right to live in SECURED ENVIRONMENT.

Of course innocent people should not be sentenced to death; however, criminals should be punished. Penalty itself is the reality of justice, otherwise sympathy for the victims of murder is cheap. To minimize miscarriage of justice is no doubt important but it is inappropriately equivalent to the abolishment of death penalty.

April 6, 2010 chenhsingte1895@

OJ Simpson trial is just one of many examples. He murdered Nicole Simpson and Ronald Goldman and should be convicted - yes. But that illustrates how imperfect and unjust the legal system is. That is only one incident when someone got off scot-free; how many incidences have there been when an innocent actually didn't get off scot-free? Numerous. My point is - even if we try to convince ourselves that 'of course innocent people should not be sentenced to death'... we have to accept that the justice system is run by people, not gods. People make mistakes. I’m not for releasing these criminals into our society - no. Lock them up for life - make them work for the rest of their lives in prison. No parole.

April 7, 2010 eddie@

elumpen@ wrote:
Laws always evolve. Up until 200 years ago, we in Europe thought it was perfectly OK for the state to torture and kill people in the most vile manner for the slightest crime, real or imagined. Fortunately, we eventually figured out it was barbaric and stopped doing it, but not before a few would-be reformers had been pilloried (both figuratively and literally). OK, we're slow learners - but it's depressing to see Taiwan keeping its political head firmly buried in the sand. Wang was one of the few people in Taiwan's legislature who is actually smart enough to form her own opinion and defend it with logic (as opposed to schoolboy nonsense about 'acting in accordance with the law' - the intent, surely, of passing every death-sentence through an approvals process is so that the Justice Minister has an opportunity to say 'no' - otherwise why bother?). Now she's gone, and the collective intellect of Taiwan's ruling body has sunk another notch.

"... smart enough to form her own opinion and defend it with logic...". Where is the logic in her argument, which is as vague as it can get. She doesn't want to order any executions due to spiritual and perhaps religious reasons. There is no logic in that.

All these "human rights" nuts.. I would love to see them put on an island with these criminals they are protecting.

April 16, 2010 mtsai16@

@ eddie: "All these "human rights" nuts.. I would love to see them put on an island with these criminals they are protecting."

As far as I know, Taiwan is still an island. Thus, we have been living in the situation you have prescribed for us for some time. (I hesitate to mention Britain's infamous intentions in developing that southern continent, however, for fear that you and Oz will fume further.)

The argument here is that these "perceived" criminals be locked up and kept away from society until new scientific knowledge can vindicate them.

April 19, 2010 quelenglish@

robert_chen2@ wrote:
The question should be decided by referendum.

Though the death sentence is not the answer in keeping our society safe, still we need harsher punishment that every criminal wish death rather than live. I am all for that. Death may not be the end of all but just the beginning. These truly heinous criminals must face their worst nightmare, You say they too have human rights, well their human rights ended when they took someone's life. To be honest DEATH is too kind to them. I want these criminals to repent and truly feel the kind of suffering their victims had endured in the hands of these unworthy garbage murderers and criminals. How I wish our law-abiding gov’t and citizens would only follow the law of the land. To keep our society safe is to eliminate all criminals. Eliminate by death sentence or is there any other way????

April 19, 2010 quelenglish@

ALL humans have rights. But if a human did something unhuman, do you think he or she is entitled to a human right?

April 20, 2010 openminds@

The problem is with legal systems. It is run by people, decided by people and the ultimate decision of live/death is decided by people. We know that people make erroneous decision at times... sometimes deliberate, sometimes inadvertent. for example, statements can be coerced, evidence can be planted, influences from external forces (politicians/underworld etc) and the list continues. These circumstances are not fictionalized from a Hollywood film... they are unfortunately real life scenarios that poses serious challenges to our already very fragile legal system.

April 20, 2010 myworld87@

I just read that a few politicians will be attending the funeral of Big Lake triad leader Lee Chao-hsiung.

Is our country serious about tackling crime? These triads are responsible for most violent crimes in Taiwan, yet we have politicians who have clear links to these people. What kind of message are we sending to our societies?

Here we are talking about whether Taiwan should/shouldn't abolish the death penalty and both sides making the argument to justify their beliefs - yet the big criminals are completely untouched. Worse, they probably have endorsements by the politicians, government!

What a corrupt and dirty society we live in!

April 26, 2010 jenjenchen2005@

eddie@ wrote:
This so-called Justice Minister is only looking after her own spiritual interests, afraid about what will happen to her in the after-life if she approves the execution of these criminals. People who have been proven to be guilty of capital crimes should just be put to death. Keeping them alive in prisons only increases the financial burden. ESPECIALLY FOR THOSE OF US WHO HAVE TO PAY TAXES TO CLOTHE AND FEED THAT KIND OF TRASH. I'd rather my tax dollars go somewhere more productive. KEEP THE DEATH SENTENCE ALIVE.

yes.. i agree with the death penalty.

Justice Minister Wang Ching-feng said yesterday that she would rather “go to hell” than order death sentences during her term. (The China Post file photo)

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