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Judicial Yuan chief calls for annulment of death penalty

Judicial Yuan President Weng Yueh-sheng (翁岳生) yesterday said the absolute death penalty should abolished as a prelude to the annulment of all capital-punishment sentences.

The absolute death penalty carries with it no recourse to the appeal courts or option to commute to a lighter sentence.

The 71-year-old Weng, a grand justice since 1972, told the second-day legislative interpellation for the 15 nominees for the Council of Grand Justices that a gradual withdrawal of the death penalty was preferable because some sections of society lacked the maturity to discuss the matter properly.

Comparing the situation to Europe, where the Court of Human Rights has already annulled capital punishment, Weng said that conditions and the climate of opinion in Taiwan were not ripe for adopting a similar measure.

"Men are not gods and therefore they make mistakes," Weng said. "Abolition of the death penalty is necessary to mend the problem that execution will deprive one of the chance to repent one's misconduct."

The Judicial Yuan leader said that the absolute death penalty should be replaced by life imprisonment or by an extended sentence.

Judicial Yuan Vice President Cheng Chung-mo (城仲模) said that capital punishment violated the sacredness of life enshrined in the Constitution.

"The abolition [of the death penalty] is a common goal of nationals looking to make Taiwan a country held in high regard by international society," Cheng said.

When asked about the effectiveness of capital punishment as a deterrent, Cheng said that the government should educate people, but not punish them too harshly when they break the rules.

In Taiwan, the death penalty is carried out by lethal injection or firing squad.

As part of the questioning of the 15 justice nominees, TSU Legislator Lo Chih-ming (羅志明) asked Weng and Cheng for their views on gay marriage.

"Based on the idea that marriage is an individual human right, legislation for same-sex union should be advanced when it does not conflict with public values nor impact too heavily on society," Weng said.

Cheng said any dispute over the issue should be resolved by enhancing the values of human dignity and the family in the Constitution.

"The two notions must be added to the Constitution," Cheng said.

Meanwhile, as the nominee process entered its second day, the Democratic Progressive Party legislative leader urged his Chinese National Party (KMT) counterparts to stop publishing surveys that criticize nominees named by President Chen Shui-bian (陳水扁).

"The KMT should stop releasing unconvincing opinion polls that have only 20-percent feedback," Legislator Chen Chi-mai (陳其邁) said.

Chen was referring to two polls unveiled by the KMT caucus on Monday and yesterday.
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