Hands Off Cain
Taiwan

The Supreme Court of Taiwan said it could find no fault...

The Supreme Court of Taiwan said it could find no fault with the case of Hsu Tzu-chiang , a death-row inmate whose conviction had been surrounded with controversy for almost a decade

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The Supreme Court of Taiwan said it could find no fault with the case of Hsu Tzu-chiang , a death-row inmate whose conviction had been surrounded with controversy for almost a decade.
Hsu was indicted for the September 1, 1995, kidnapping and murder of salesman Huang Chun-shu based on the testimony of his two alleged accomplices, Huang Chun-chi and Chen Yi-lung . Hsu turned himself in when he realized that he was being sought, but he had never confessed to either crime.
The Supreme Court had been requested by the Council of Grand Justices to review Hsu's conviction as the result of a motion filed by Hsu's defence counsel in December 2003 to have the conviction overturned due to its unconstitutionality.
The major argument for Hsu's defence concerned whether co-suspects' testimony should be used as evidence.
Chen Yi-lung wrote a confession admitting that he had deliberately incriminated Hsu because he had a grudge against him and hoped to delay the trial. However, the High Court decided not to take this evidence into consideration when it heard the case, and upheld the death penalty passed on Hsu by the lower court.
In refusing to hear Chen's evidence, the High Court breached Hsu's human rights, his defence team claimed.
Without Chen's accusation there was not evidence with which to convict Chen, his defence team added.
But despite Chen's testimony, the Supreme Court said that there was no other evidence to prove Hsu's innocence. As a result, judges could not suspend his death penalty simply because Chen had decided to retract his testimony.
Hsu had been sentenced to death on April 27, 2000.
SOURCES
  • (Sources: Taipei Times, 21/05/2004)