National Human Rights Commission Criticizes Caning Proposal

Taipei: Judicial caning, one of three referendum proposals approved by the Legislature, violates international human rights standards enshrined in Taiwan's legal system, the National Human Rights Commission (NHRC) said Saturday. In a statement, the NHRC said that while it understood public concern over serious crimes and the need to strengthen crime prevention, criminal policy should be based on constitutional and human rights principles as well as scientific evidence. According to Focus Taiwan, the commission stated that caning constitutes corporal punishment involving elements of humiliation and degradation, making it incompatible with protections under the United Nations' International Covenant on Civil and Political Rights (ICCPR). As the ICCPR has been incorporated into Taiwan's legal system, the NHRC emphasized that government agencies and courts are expected to uphold the protections outlined in the covenant. The referendum proposal, initiated by the opposition Kuomintang, asks: "Do you agree that th e government should establish a special criminal punishment system -- caning -- to be imposed by courts and carried out in accordance with the law for sexual assault, child abuse, high-value fraud and aggravated fraud involving multiple forms of fraud, in order to deter crime?" It passed 52-51 on Friday, along with two others that concern the use of traffic fines and the abolition of Taiwan's non-nuclear energy policy. If approved by the Central Election Commission (CEC), the three referendums could be held alongside the Nov. 28 local elections. According to the CEC, it is scheduled to review the three proposals at its Aug. 21 commission meeting and announce whether they qualify as referendums. Under the Referendum Act, the Legislature must send approved proposals to the CEC within 10 days. The CEC must determine whether they meet the legal requirements for a referendum and, if approved, announce the referendum questions and other relevant information at least 90 days before polling day.