Il
ministro della Giustizia taiwanese, Chen Ting-nan, ha dichiarato
che spera di abolire la pena di morte nell'isola entro tre anni.
"La
pena capitale non serve a fermare il crimine", ha affermato,
suscitando reazioni contrastanti in vari settori della societ�
taiwanese. Le organizzazioni di difesa dei diritti umani hanno
plaudito all'iniziativa, mentre i partiti d'opposizione hanno
avanzato forti critiche. "Se riesce ad abolire la pena di
morte - ha sostenuto il parlamentare Chen Chien-chih del
principale schieramento d'opposizione, il Kuomintang - mi chiedo
come terr� sotto controllo i reati pi� gravi". Stando a
sondaggi condotti in passato dai media locali, l'80 per cento
della popolazione di Taiwan � contraria all'abolizione della pena
capitale. Secondo i dati forniti da Amnesty International, che
per� risalgono a quattro anni fa, le esecuzioni sono aumentate
dal 1995 al 1997: nel '95 16 persone sono state mandate a morte,
nel '96 ventidue, nel '97 trentotto. L'ordine che fissa la data
della sentenza viene firmato dal ministro della Giustizia senza
che il detenuto ne sia informato. Il condannato viene ucciso
tramite colpo di arma da fuoco o iniezione letale.
18/05/01
Editorial:
Time to end the death penalty
Every
justice minister has to face the question when taking office:
"Do you support the death penalty?" Many ministers have
opposed the penalty before they take office. But afterwards, as
they struggled to cope with worsening public security, they ended
up keeping capital punishment. Chen Ding-nan is not the
first person to say the death penalty should be abolished. But he
is the first justice minister to set a deadline for doing so. He
has promised to abolish capital punishment within three years.
This is a tremendous change in terms of judicial reform and human
rights. His bravery deserves to be applauded. Since Article 100 of
the Criminal Code was abolished, no one in Taiwan has had to face
the death penalty for dissent. The penalty is prescribed for
serious crimes in the Act for the Control and Punishment of
Banditry and the Criminal Code. Although only a few crimes
qualify for the death penalty and the number of sentences have
been decreasing, the government must still adopt a scrupulous
attitude in handling the matter. The debate over the death penalty
is not a new one in Taiwan. Before every execution, appeals are
made to ban the death sentence. Such voices, however, usually fade
away after an execution. Eighty percent of the people of Taiwan
are in favor of retaining the penalty -- they like the idea of
tit-for-tat retribution. But no one has the right to take another's
life -- not even the government. And especially not when the
actions of the judiciary, the prosecution and the police have been
proven time and time again, in case after case, to be flawed. How
many innocent people must die to placate society's need for "security?"
While we agree with the plan to abolish the death sentence, the
government needs to come up with measures to placate the public's
obsession with the idea that death is a valid deterrent to crime.
It isn't. But this belief has been the most difficult obstacle in
previous debates over abolishing capital punishment. If the
government wants to abolish the penalty, it must strengthen
education in law and human rights. Let the public understand that
deprivation of a life is not the only way to uphold justice, that
the death penalty is not a deterrent against crime and that strong
enforcement of the law is the only really effective means of
keeping order in a society. If the death sentence is abolished,
the government will also have to come up with a way to more
effectively isolate criminals from society. It must reconsider the
relative weight of punishments for major crimes as stipulated in
the Criminal Code . It also needs to amend the law to allow judges
to give appropriate sentences according to different degrees of
criminal behavior. This will help maintain the Criminal Code's
deterrence value. The government should also review how sentences
are imposed and carried out. It should especially be careful in
the implementation of bail, commutations of sentences and pardons.
Taiwan used to have very loose rules for bail reviews and
commutations were often granted for political reasons. Serious
criminals, including death row inmates, were able to get their
sentences reduced and walk out of jail. This allowed criminals to
repeat their crimes and deepened the public suspicion about the
effectiveness of Taiwan's punitive system. The Ministry of Justice
has faced tremendous opposition to amending the criminal
provisions that mandatorily impose the death penalty. The
amendments are frozen in the Legislative Yuan. We hope its efforts
to the abolish the death penalty will fare better. Abolishment of
capital punishment will be another step forward for Taiwan's
democratization. There is no place for the death penalty in a
civilized society.
|