TAIWAN: The EU condemns the recent execution of a convict of double homicide

HRWF (23.01.2025) – On 16 January, Huang Lin-kai was executed at the Taipei Detention Center. He was convicted for the double murder of his former girlfriend and her mother.

The European Union condemned this crime in the strongest terms and expresses its sincere sympathy to the family of the victims. At the same time, the EU recalled its opposition to the capital punishment in all cases and all circumstances and called on Taiwan to apply and maintain a de facto moratorium, and to pursue a consistent policy towards the full abolition of the death penalty in Taiwan.

“The execution of Huang Linkai was carried out in violation of constitutional and international safeguards on the use of the death penalty, and while an appeal filed by his lawyer to stop the execution was still pending before the courts. This renders his execution unlawful and arbitrary, in violation of the right to life,” Amnesty International said in a press release.

Huang, who was a military conscript at the time, was convicted for the rape and murder of his ex-girlfriend, surnamed Wang and the murder of her mother, after breaking into their home on 1 October 2013.

Prosecutors cited anger over the breakup and a dispute about money as the motives behind the double homicide.

This is the first time that Minister of Justice Cheng Ming-chien has signed an execution order to carry out the death sentence since taking office in May.

The Supreme Court in 2017 upheld Huang’s death sentence for killing his ex-girlfriend, in addition to the life imprisonment sentence without the possibility of parole that he received for killing her mother.

Capital punishment in Taiwan

The Criminal Code of the Republic of China [zh] rules that the following civilian offenses are eligible for the death penalty:

  • Civil disturbance as ringleader (Article 101)
  • Treason (Article 103, 104, 105, 107)
  • Abandoning territory in charge (Article 120)
  • Hijacking (Article 185–1, 185–2)
  • Sexual Offenses with murder (Article 226–1)
  • Civil servant forcing others to cultivate, sell or transport poppy plants to manufacture opium or morphine (Article 261)
  • Murder (Article 271, 272)
  • Robbery with homicide, severe injury, rape, kidnapping or arson (Article 328, 332)
  • Piracy (Article 333, 334)
  • Kidnapping with homicide, severe injury or rape (Article 347, 348)

Article 63 of the Criminal Code also rules that the death penalty cannot be imposed for offenders aged below 18 or above 80. The death penalty is not prescribed as a mandatory punishment in any case and is only imposed with the discretion of the sentencing court.

A ROC judicial execution requires a final sentence from the Spreme Court of the Republic of China and a warrant of execution signed by the Minister of Justice. After the Supreme Court either rejects an appeal of, or issues a final death sentence, the case is transferred to the Ministry of Justice, where the Minister of Justice issues a final secret execution date. There are no statutes or regulations regarding time limits before the Minister must sign a warrant of execution, though once a warrant of execution is issued, the inmate must be executed within three days.

The Criminal Law of the Armed Forces also rules for other crimes eligible for the death penalty when committed by military personnel.

How does an execution take place?

Executions are carried out by shooting  using a handgun aimed at the heart from the back, or aimed at the brain stem under the ear if the prisoner had consented to organ donation prior to the withdrawal of legal death row organ donation. The execution time used to be 5:00 a.m., but was changed to 9:00 p.m. in 1995 to reduce officials’ workload. It was changed again to 7:30 p.m. in 2010. 

Executions are performed in secret: nobody is informed beforehand, including the condemned. The condemned is brought to the execution range and the officers may pay respect to the statue of Ksitigarbha located outside the range before entering. 

Before the execution, the prisoner’s identity is confirmed by a special court next to the execution range and chooses to record any last words. 

The prisoner is then brought to the execution range and served a last meal (which usually includes a bottle of kaoliang wine). The condemned prisoner is then injected with strong anaesthetic to cause unconsciousness, laid flat on the ground, face down, and shot. 

The executioner then burns a votive bank note  for the deceased before carrying away the corpse. It is tradition for the condemned to place a NT$ 500 or 1000 banknote in his leg irons as a tip for the executioners.

Photo: Huang Lin-kai, wearing a helmet, is pictured in this undated photo. (Taipei Times)