The Supreme Court has rejected an appeal by death row inmate Cheng Yi-lung (陳憶隆), confirming an earlier High Court decision to deny his request for a retrial.
The ruling concluded that the High Court had not erred in dismissing Cheng’s petition, which sought a retrial following a Constitutional Court decision on the death penalty.
Cheng had argued that the Constitutional Court’s Judgement No. 8 of Sept. 20 last year, which declared mandatory death sentences unconstitutional, gave him grounds to request “special relief” through a retrial.
Photo: CNA
Cheng in June submitted his petition to the High Court, citing the Constitutional Court’s ruling as new evidence.
The High Court ruled that the Constitutional Court’s decision allowed death row inmates to ask the prosecutor general to file an extraordinary appeal, but did not justify a retrial.
According to the High Court, Cheng’s petition was based on a misunderstanding of the law and therefore did not meet the requirements for reopening the case.
Cheng appealed that ruling, but the Supreme Court dismissed his appeal and confirmed the original decision.
There are currently 36 inmates on death row in Taiwan, including Cheng and Huang Chun-chi (黃春棋), who were sentenced to death in 2000 for kidnapping and murder.
The Constitutional Court’s ruling last year declared the death penalty conditionally constitutional, while invalidating the provision mandating death as the only penalty for certain crimes.
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