Minister of Justice Wang Ching-feng, a former human rights lawyer, said recently that she will insist on "stays of execution" for death row inmates, even at the risk of losing her job. Wang's past efforts to promote the abolition of the death penalty in Taiwan have been impressive. However, now that she is justice minister, it is obviously not enough to simply issue stays of execution, because this could be unlawful.
If Wang is against the death penalty, she should actively push for the enactment of a law to abolish the penalty and try to convince the people that public order and security will not be undermined as a result. After all, this is an institutional issue, rather than one of personal convictions.
There are two things the government can do to resolve the deadlock. First, the Ministry of Justice (MOJ) can put forth a bill on death penalty abolition and submit it to the Legislative Yuan, allowing lawmakers to debate the issue and at the same time test the public's reaction.
Second, if the bill is rejected, the MOJ should push for the enactment of a law on stay of execution, so that there will be a legal basis for such action.
It is improper to, in effect, allow court verdicts to be rejected, as is being done currently. After all, the justice minister is not a fourth trial judge overriding the three-trial procedure.
(March 11, 2010) (By Y.F. Low)
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