Saturday, December 22, 2012

on death penalty 關於死刑的公開信

2010年十月底我在舊的部落格貼了兩封公開信,當時我提到: ",死刑到底要不要廢的議題是我比較沒有系統想法的一個議題,因為沒有什麼想法,也沒辦法講什麼. "

兩年過去了,中間發生許多案件,包含江國慶案,蘇建和案, 我還是沒有特別深入的思考.雖然兩年來改拍成電影的conviction讓我對這個議題又想了一下. 我還是沒有定論,不知道自己的立場是什麼? 只是把兩種想法先記下. 也真慶幸我的工作不用面對這些議題.

  • 因為無法排除冤獄的可能.冤獄可以減少,也可能減少,但恐怕永遠無法完全排除.
  • 就算冤獄完全可以排除,生命不該用非自然(不管是自殺或是他殺)的方式結束. 死刑的執行也是種他殺.
  • 除非使用者付費,為什麼要浪費更多納稅人的錢,提供一個環境讓那些人去反省去思考?
近日台灣政府又執行死刑,國際組織免不了又發文(公開信與新聞稿)表是譴責或遺憾. 貼下來當作紀錄. 以下.

Open Letter to the Government of Taiwan on the resumption of executions under the death penalty

His Excellency President Ma Ying-jeou (馬英九)Office of the President
No. 122, Sec. 1, Chongqing S. Rd.
Zhongzheng Dist., Taipei City 100, Taiwan
Fax: +886-2-2383-2941
Email (Secretary General)

30 September 2011

Your Excellency,

The Asian Forum for Human Rights and Development (FORUM-ASIA), the International Federation for Human Rights (FIDH) and our member organization the Taiwan Association for Human Rights (TAHR) write to you today to express our grave concern on the resumption of executions under the death penalty in Taiwan. According to national media reports [1], 10 death row prisoners will be executed after 10 October 2011, the National Day of the Republic of China and ironically, also the World Day against the Death Penalty.

We deeply regret that the Taiwanese government resumed the executions of death row prisoners in 2010 after a four year lapse in which death penalty sentences were not carried out. This four year de facto moratorium was a significant progress shown by the government of Taiwan in upholding international human rights laws and standards. Regrettably, this ended on 30 April 2010 when four people were executed. Earlier this year on 4 March 2011, we came to know that another five prisoners were executed by firing squad. It was shocking that their family members were informed only after the executions took place.

We are disturbed that in Taiwan, the law does not provide express procedures for those sentenced to death to seek pardon or commutation of their sentence, a right protected under article 6 of the International Covenant on Civil and Political Rights (ICCPR) [2], which Taiwan has ratified in 2009.

Death penalty is the ultimate inhumane and irrevocable punishment, which fails to bring restorative justice to the families of the victims of the crime, inevitably claims innocent convicts, and has not been proven to actually deter crimes more than other punishments. It is a direct violation of the fundamental right to life. Since 1997, the UN Commission on Human Rights and now the Human Rights Council has consistently called upon all states that still uphold the death penalty to ‘abolish the death penalty completely and, in the meantime, to establish a moratorium on executions’. [3]

The introduction of an immediate moratorium on execution is a first step to abolish the death penalty, as provided by UN General Assembly resolution 62/149 of 18 December 2007 and following resolutions. We had believed that through its earlier four year moratorium, Taiwan has acknowledged the cruelty of death sentences and could in fact play a leading role in the region in advocating for the abolishment of the death penalty. We are deeply disappointed that the Taiwanese government, instead of moving towards abolishing the death penalty all together, chose to reverse its position on protecting human rights by stating that it “will not make promises to any other country to reinstate a moratorium on the death penalty”. [4] Taiwan risks further isolating itself from a growing global community of countries, 139 so far, which have abolished the death penalty in law or in practice.

Taiwan must adhere to international human rights laws and principles strictly if the international community is to take seriously Taiwan’s ratification of the ICCPR. FORUM-ASIA, FIDH and TAHR therefore strongly urge your Government to commit to a definite policy for a permanent moratorium on executions and altogether abolish the death penalty.

Thank you.

Yours Sincerely,

Prof. Lin Chia-Fan
Taiwan Association for Human Rights (TAHR)

Mr. Yap Swee Seng
Executive Director
Asian Forum for Human Rights and Development (FORUM-ASIA)

Ms. Souhayr Belhassen
International Federation for Human Rights (FIDH)

Minister of Justice
Tseng Yung-fu (曾勇夫)

Ministry of Justice
No. 130, Sec. 1, Chongqing S. Rd.
Zhongzheng Dist., Taipei City 100, Taiwan
Fax: +886-2-2331-9102

Taipei Economic and Cultural Office in Thailand
20th Floor, Empire Tower
195 South Sathorn Road
Bangkok 10120
Fax: +66-2-670-0220

這是2011年三月份執行死刑時,FIDH的新聞稿. 法務部的回應.


21 December 2012


GGs Adventure said...

GGs Adventure said...

"Becker 的文章裡面有兩個點:第一個是嚇阻效果存在,但是由於執行死刑的數字甚少,所以效果雖然顯著但是絕對的量是不大的。第二個是誤判的效果其實沒有想像中的大" (Publius)