Taiwan Church News

3319 Edition

October 5 - 11, 2015

Church Ministry

To Protect Psychiatric Or Mentally Retarded Death Row Inmates In Taiwan, Handbook Of Forensic Psychiatric Practice Is Published

Reported by Chiu Kuo-rong

Before the 13th World Day Against Death Penalty, scheduled on 10 October, a book named as Handbook Of Forensic Psychiatric Practice In Capital Cases In Taiwan, co-edited by Taiwan Alliance to End the Death Penalty(TAEDP), the Death Penalty Project under the law firm of Simons, Munhead & Burton and UK's Forensic Psychiatric Chambers, was launched at National Taiwan University's Alumini Resort on 30 September.

Ms Lin Hsin-yie, CEO of TAEPD, expressed her worry about the inconsistent death penalties sentenced by Taiwan's judges. Lin said, some judges might spare the death penalty to some cases, citing International Covenant on Civil and Political Rights(ICCPR), while still maintained death penalty to the others without a consistent criteria. Since Taiwan had signed up ICCPR from 2009, based on the requirement of a just trial, the judge should pay more attention to the psychological and psychiatric status of the accused, said Lin.

Lawyer Hwang Cheh-hau, who had defended for many death row inmates in the court, pointed out that theaccused or inmates with abnormal personalities or psychiatric problems often could not receive a proper treatment when they were jailed in the prison. Due to their human rights were not protected in current forensic procedures, these people always became further marginalized in the prison, said Hwang.

Dr. Richard Latham, a psychiatric from Forensic Psychiatric Chambers in UK, emphasized that this handbook hada very practical use for Taiwan society as the cases of Taiwan's legal system were discussed in details after chapter 9 of that book.

Lawyer Saul Lehrfreund, CEO of the Death Penalty Project under the law firm of Simons, Munhead & Burton, remarked that Taiwan was absolutely obligated to fullfil the requirement of ICCPR since her signature to comply. Not only the sentence and execution of the death penalty should be strictly limited, but also Taiwan should not sentence or execute the death penalty toward the psychiatric patients or the mentally retarded according to Safeguards guaranteeing protection of the rights of those facing the death penalty(1984) and a 1989 resolution by UN Economical and Social Council.

Translated by Peter Wolfe