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VERDICT ON CHILD MURDER PROVOKES THOUGHT ON CONVENTIONS|殺害小燈泡凶嫌逃死刑 馬:勿推責給兩公約

Good Morning Taiwan
2017-05-14
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A verdict of life imprisonment was given in the case of a toddler who was beheaded. Former president Ma Ying-jeou said that 'the two covenants', that is, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, nowhere mention that those who claim to be mentally impaired should be excluded from the death penalty, and that the justice system should not evade responsibility for their decision by citing the two covenants as an excuse.


The judicial reform committee's review group includes both the lawyer for the man who murdered a little girl and the child's mother. The murderer was given a life sentence, rather than the death penalty.

==HUANG CHIH-HAO Lawyer==
Sorry, I have to read the details of the verdict before I can give any response.

The judicial reform committee group convenor Luo Bing-cheng said that resulting from her experience in court, the murdered child's mother had supported the proposal that victims and their families should not have to give their IDs and addresses in open court and the court should protect their identities.

==LUO BING-CHENG Judicial Reform Committee Group Convenor ==
Ms. Wang spoke about her own experience, how she had to go to court and was asked her personal information publicly in court. She said there were a lot of ways to confirm her identity, including looking at her ID card, and its seemed unnecessary to have to give out her personal information publicly.

The group decided that the victim and victim's family information must be respected and that they had a right to know the progress of the case and verdict. Former president Ma Ying-jeou felt is was a pity that the judicial reform committee had not taken the opportunity to make a pronouncement on the death penalty.

==MA YING-JEOU Former President ==
Currently it is the first verdict and there can be appeals, but this trial there seem to be some obvious mistakes. We stand by the principle of maintaining the death penalty for prudent use only.

The verdict in the murder of the toddler is caught between the ' two conventions' and the convention on the rights of the disabled, which state that the mentally disabled should not receive the death penalty. The former president has characterised this as a 'mistake'. In the past, the child's father emphasized that in the process of judicial reform he hoped there would be legal sanctions to prevent the tragedy of any more random killings.

TRANSLATED BY:CLARE LEAR

司改國是會議、第一分組今天決議,未來,被害人,或家屬,在上法庭的時候,法官要尊重隱私和個資,所以他們不需要「當眾」說出身分證字號,和住家地址。而身為委員的小燈泡母親,今天依舊沒對一審判決表示意見,但前總統馬英九指出,兩公約沒有任何規定,不能對身心障礙者執行死刑,法院不要把責任推給兩公約。


司改國是會議第三次增設會議結束,小燈泡案王姓凶嫌的律師黃致豪,迅速離開司法院,對媒體追問一審判決結果,沒有多談。

==律師 黃致豪==
不好意思我必須要看到判決
才能給負責任的答覆

黃致豪和小燈泡母親王琬瑜,同為第一分組委員,本來就備受矚目,而一審判決才出爐,兩人依舊低調,沒有發表意見。不過,第一分組召集人羅秉成轉述,王琬瑜在會議中,對過去這陣子出庭有感而發,促成這次會議第一個決議,那就是未來被害人及其家屬出庭時,必須保護他們的隱私與權利,不用當庭念出個資確認身分。

==司改會議第一分組召集人 羅秉成==
王委員講說
她講她的親身體驗
就是她到法庭上當時被問起
她的個資 她感覺有一點突兀
從被害者的保護角度來看的話
就是說你如果要確認我的身分
方法很多 何必要我在法庭上
把我身分證字號
我家住哪裡也都講出來呢

被害人隱私應該受到尊重,決議也認為被害者,有權了解訴訟進度和閱卷權利。小燈泡媽媽將自身悲痛經歷,推展到司法改革,但前任總統馬英九,卻認為司改國是會議,避開死刑議題,頗令人失望。

==前總統 馬英九==
目前還是一審
還要繼續上訴這些
但是這一審
顯然就發生很大的錯誤
所以我們一貫的立場
就是維持死刑 但是審慎使用

小燈泡案依「兩公約」及「身心障礙者權利公約」規定,不得對精障者處以死刑,判王嫌無期徒刑,馬英九認為這是「嚴重誤會」。不過,小燈泡的父親過去也曾在網路PO文強調,除了讓凶手得到法律制裁,司法改革的過程中,能否預防隨機殺人的悲劇再度重演,是他們不斷思索的議題。

記者 黃怡菁 邱福財 台北報導