The Supreme Court yesterday upheld a two-and-a-half-year prison term for an elderly Taipei man surnamed Chen (陳) in a “compassionate killing” case.
Chen, 79, was convicted in 2020 of suffocating to death his daughter, who had been bedridden since childhood due to cerebral palsy and had severe mental disability.
In court trials, Chen said he and his wife had attended to all details of their daughter’s daily life, including feeding, washing and cleaning after bodily functions, for nearly 50 years. He had been the sole caregiver in recent years after his wife also fell ill.
Photo: Wu Cheng-feng, Taipei Times
In February 2020, Chen said his daughter developed a toothache and body pain, and it was heartbreaking to see her in agony, but he could not help alleviate the pain.
Neither could he take her to a hospital due to fears of infection and COVID-19 restrictions, he said.
According to court transcripts, Chen said his daughter had taken sedatives for so long, he believed painkillers and anesthetics would not help her.
He said he therefore decided to end her suffering once for all and smothered her to death with a thick blanket. Regretting his action, he tried to kill himself, but was revived by medics.
In the first trial, the Taipei District Court noted his difficult circumstances and handed a lenient minimum sentence of two years and six months, which was upheld by the High Court and affirmed by the Supreme Court upon appeal.
The lower court said Chen had been a responsible father who diligently cared for his daughter for 50 years.
Throughout this period, the parents had to stay home and had no social activities, and were under heavy mental and physical stress, it said, recommending a minimum punishment on “compassionate grounds.”
It also suggested a presidential pardon.
Yesterday’s ruling rejected a request by Chen’s lawyer for a suspended sentence.
The Supreme Court said the two-and-a-half year term was already a grant of leniency, and that a suspended sentence only applies to prison terms of two years or less.
It added that judicial courts have no authority to recommend a presidential pardon.
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