92002E2441

WRITTEN QUESTION E-2441/02

by Olivier Dupuis (NI) to the Commission

(28 August 2002)

Subject: Abolition of the death penalty in Taiwan

The number of executions carried out in Taiwan has decreased markedly over the past two years, falling from twenty-four in 1999 to seventeen in 2000 and ten in 2001. On 17 May 2001, Mr Chen Ding-nan, the Taiwanese Minister of Justice, stated that his aim was to abolish the death penalty before the end of his term of office in 2004, saying this was partly a response to repeated appeals from international human rights organisations. In January 2002, the Taiwanese Parliament voted, in order to better protect human rights, to abolish the Retribution Act for Bandits, and in particular the obligation to apply the death penalty to certain violent crimes. The Taiwanese Parliament also amended the criminal code in a way that further limited the cases in which the death penalty could be applied.

Under a draft act adopted by the government on 11 July 2002, capital punishment is to be abolished for minors (anyone under the age of 18) and the cases in which the death penalty is mandatory will be reduced.

In announcing the government's proposals, Minister Chih-hsiung reiterated that the government still aimed to abolish the death penalty, but recognised that additional measures had to be implemented to ensure that the majority of the population would accept a straightforward abolition of capital punishment.

Three people were executed in the first five months of 2002.

Is the Commission aware of the reforms under way in Taipei aimed at abolishing the death penalty? What initiatives has the Commission taken or will it take to support the efforts of the Taiwanese Government and Parliament to abolish the death penalty? Does the Commission feel it could offer support to the concrete steps taken by Taipei in order to further bolster the efforts of the Taiwanese authorities and people to abolish the death penalty?

Answer given by Mr Patten on behalf of the Commission

(24 September 2002)

The Union is working towards the universal abolition of the death penalty, which is one of the pillars of its human rights policies. To this end and in accordance with the Union-guidelines on the abolition of the death penalty of 1998, the Union calls for its use to be progressively restricted, and insists that it be carried out according to minimum standards.

In this context, the Commission has welcomed the Parliament's resolution of 13 June 2002 on the abolition of the death penalty in Japan, the Republic of Korea and Taiwan. It follows closely the situation in Taiwan, and is aware of the developments to which the Honourable Member refers.

In particular, the Commission has noted that statements made by Taiwanese officials on a possible abolition of capital punishment have made this contingent on popular support for such a step. According to information at the Commission's disposal, support for the death penalty remains high both within the population, and in the Legislative Yuan. The Commission hopes that the impending establishment of a Taiwanese National Human Rights Commission, and the increased awareness of human rights issue both in political circles and in the population at large which it expects to result from it, will contribute to creating a climate which will be conducive to an eventual abolition of the death penalty.

In order to support efforts towards an abolition of the death penalty, the Commission has launched, in April 2002, a specific call for proposals worth EUR 7 million under the European Initiative for Democracy and Human Rights. Non-governmental organisations (NGOs) throughout the world were eligible to apply. The results of this call for proposals are currently being evaluated by EuropeAid.