Taiwan should proceed with caution regarding a proposal to deny the possibility of parole for people who commit major crimes and are sentenced to life imprisonment, the National Human Rights Commission (NHRC) said in a paper released on Friday.
The Executive Yuan introduced the proposed amendment to the Criminal Code in October last year, which states that those convicted of violent, severe crimes, including intentional homicide and inflicting violence or abusing a child to death would not be eligible for parole if they receive a life or more than 10-year sentence, it said.
The proposed amendment has been forwarded to the Legislative Yuan for review.
Photo: Hsieh Chun-lin, Taipei Times
“This draft amendment is seen as more severe than the current law statutes, as it is meant as a follow up to the Constitutional Court’s Judgment 113 No. 8 on Death Penalty Case, which was in response to strong concerns about protecting public safety,” the commission said.
The commission said it respects the aim of the proposal, but added that the government must proceed with caution about using amendments to fix statutes.
“Permanently excluding any possibility of individualized review through legislation might exceed the limits permitted by the Constitution and international human rights standards, and therefore requires careful consideration,” it said.
The draft referenced the British justice system, where those who are given “whole life orders” — usually imposed on people who commit severe crimes such as aggravated murder — are never eligible for parole, the commission said.
However, most of the time, courts would grant a prisoner a “minimum term” to serve, after which an independent panel would assess their eligibility for parole and the need for continual incarceration, it added.
The Cabinet’s draft amendment did not include “minimum terms” to serve nor parole panel assessments, so it is different from the British justice system, it said.
Taiwan has already incorporated into law a number of international human rights covenants, which have been frequently cited and applied by the nation’s courts, the commission said.
The Executive Yuan and the legislature should reference other foreign judicial systems and the actual experiences of correctional institutions in other countries, it said, adding that it should rank and design appropriate punishments based on the type and severity of the crime.
“It is important to protect public safety while ensuring the criminal justice system does not contravene the core values of protecting human rights,” the commission said.
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