The Legislative Yuan, in a plenary session yesterday, was to review an opposition-backed referendum proposal on allowing caning as a judicial punishment.
Backed by all 52 Chinese Nationalist Party (KMT) lawmakers, the proposal includes a referendum question asking whether the government should “establish a court-imposed and legally enforced criminal punishment” of caning to punish and deter sexual assault, child abuse, major financial fraud and aggravated hybrid scam.
KMT Legislator Hung Meng-kai (洪孟楷) first floated the idea of codifying judicial caning last year after Singapore expanded its use of caning to online scammers, adding to a list of offenses already punishable by caning there, including rape, robbery and some drug-related offenses.
Judicial caning is a form of corporal punishment in which offenders are restrained and repeatedly struck with a rattan cane. In countries where it is practiced, the punishment often leaves permanent physical scarring and can result in severe psychological trauma. Human rights organizations and former prisoners have described the process as deeply humiliating and painful.
The overwhelming majority of the world’s countries abolished judicial corporal punishment decades ago, viewing such practices as cruel, degrading and incompatible with modern human rights standards. Only a small number of countries retain it — none of which are regarded as full liberal democracies.
Introducing judicial caning as a punishment, regardless of the crime, would represent a significant step backward for Taiwan’s democratic development and human rights commitments.
Article 7 of the International Covenant on Civil and Political Rights — which Taiwan ratified into domestic law in 2009 through the Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (公民與政治權利國際公約及經濟社會文化權利國際公約施行法) — states that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Additionally, the UN Committee Against Torture and the UN Special Rapporteur on Torture say that judicial caning contravenes international standards.
The timing of the referendum proposal is notable, given that the “Review of the Fourth Reports of the Government of Taiwan on the Implementation of the International Human Rights Covenants,” released on May 15, urged Taiwan to improve safeguards against torture and other “cruel, inhuman or degrading” punishments, particularly at detention facilities.
Taiwan has long distinguished itself as one of Asia’s freest and most democratic societies. Introducing corporal punishment would risk undermining that reputation at a time when it is seeking to reinforce its democratic identity and international standing. Ethics and human rights commitments aside, there is no guarantee that caning would make any meaningful difference.
The KMT has so far framed the proposal as a crime prevention measure, but there is little conclusive evidence that corporal punishment is effective in reducing crime. On the contrary, research on deterrence has consistently found that the likelihood of being caught is a far stronger deterrent than the severity of punishment.
When Hung first proposed the introduction of caning for fraud offenses last year, he said the Singapore situation could be referenced “if it leads to a decline in online scam cases and reduces losses.” However, if the referendum proposal is passed and voting is held later this year in Taiwan, the Singapore policy would only have been in place for roughly 12 months, which would not be enough time to meaningfully assess its effectiveness.
If the objective is to reduce crime, the nation would be better served by investing in evidence-based approaches. Improving investigative capabilities and interagency coordination, enhancing reporting mechanisms, expanding victim protection systems and increasing public education campaigns would likely be far more useful than symbolic displays of being tough on crime.
If the referendum proposal is passed, the issue would ultimately be decided by the public. However, voters should consider not only whether judicial caning would serve its intended purpose, but also what it would signal about Taiwan’s democratic values, legal system and commitment to human rights.
Criminal justice policy should not be shaped solely by anger or reactive sentiment, but by fact-based and measured approaches to crime prevention. The issue is not whether these crimes deserve condemnation — they unquestionably do — but whether introducing corporal punishment is an effective measure and compatible with the kind of society Taiwan is and aspires to be.
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