Death row prisoners in Taiwan have very
restricted visitation and correspondence
rights. Executions are shrouded in secrecy—
families are usually not informed in advance
about executions, only learning of the
execution afterwards, when they are invited
to collect the body. Under measures
designed to make executions ‘more humane’
passed in 2020, death row prisoners are now
permitted to hold nal religious rituals and
leave messages—by voice or video—for family
members. Taiwan permits execution by
shooting or lethal injection, though in
practice only death by handgun is used.
Taiwan has also sentenced to death a
number of people to death who would be
classi ed as mentally ill or intellectually
disabled—in violation of the ICCPR. While the
government denies that executions are
carried out on the mentally ill, death
sentences continue to be handed down to
such individuals, including foreign nationals.
Furthermore, many capital defendants whose
sentences were nalised by Taiwan’s
Supreme Court had no legal representation
when their cases were heard before the
highest tribunal. Though against human
rights law standards, Taiwan’s Criminal Code
(Article 388) permits third instance trials to
take place without counsel and a 2014 Death
Penalty Project report identi ed numerous
such cases in the past two decades.
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Activists and policy makers have deplored
these cases as considerable breaches of due
process protections and fundamental human
rights and calls into question the accuracy
and fairness of capital convictions.
Foreign Nationals
At the end of 2021, there was one foreign
national on death row and three foreign
nationals whose pending cases were at risk
of receiving the death penalty. In each case
the charges involved murder.
Our research has revealed that foreign and
dual nationals face distinctive disadvantages
when charged with death penalty-eligible
offences in Taiwan. For example, there have
been several instances of inadequate
translation services both pre-trial, during trial,
and during the appeals process for foreign
and dual nationals who did not speak
Mandarin.
Interpretation services are crucial because
without adequate and accurate translation a
foreign defendant may be unable to
understand their legal position, Taiwan's
legal system, or put forward their defence. In
recent years, a number of Taiwanese death
penalty defence lawyers have argued that
poor translation services violated their
client's due process and fair trial rights.
Case Study 2008 - Cecilia Alcaraz
Cecilia traveled to
Taiwan in 2005 at 43
years old, seeking
better job
opportunities than
those available in her
home country, the
Philippines. She rst
worked as a domestic worker and once her
contract expired, continued to work illegally
in Taiwan as an English tutor.