The Control Yuan has been concerned about said issues and, therefore, conducted a death penalty-related investigation, and recommended the competent authority to review this issue. The findings of the investigation are as follows: 16. According to Paragraph 49 of the General Comments No. 36 on the ICCPR, the death penalty should not be imposed on individuals whose serious psychosocial and intellectual disabilities impede their capacity to make an effective defense or diminish their ability to understand the reasons for their sentence; nor on those who have suffered serious human rights violations in the past. For example, in the case against Wang Chun-chin in 2015, information pertaining to the mental condition, medical treatment and counseling records of the prisoner was not provided to the review team until after his death penalty had become final and irrevocable. In the case against Weng Jen-hsien in 2020, whether the case is pertinent to Paragraph 49 of the General Comments No. 36 on the ICCPR remains doubtful, despite the assessment report on his mental and physical condition submitted to the Ministry of Justice by the examining physician. The Ministry of Justice should properly and with caution conduct an assessment of the physical and mental condition of the prisoner before his or her execution. 17. Before the death penalty is completely suspended or repealed, press releases from the Ministry of Justice should be carefully worded. In the past these press releases were used to justify the death penalty, that it should be applied as a measure to uphold justice as well as human rights. But it has been demonstrated that the practice of carrying out the death penalty creates a myriad of problems. For example, inmates might be informed of the sentence too late, and thus have no time to challenge it; additionally, flaws in the systems of prison officers and judicial police, as well as in relevant laws and regulations, still remain. In order to maintain a spirit of humanity and perfect the legal system, the Ministry of Justice should review the problems in such practices thoroughly. Prisoners Sentenced to Death Seeking Pardon or Commutation 18. The Constitution of the Republic of China (Taiwan) provides that the right to exercise the power of remission of sentences remains vested in the President. To meet the purpose of subparagraph 1, Paragraph 3 of Article 2 and Paragraph 4 of Article 6 of the ICCPR, before a pending application for pardon is approved or rejected by the President, or the relevant remedy sought by the applicant against the ruling rejecting the application for pardon is concluded properly, there must be a stay of execution. This is required for compliance with Paragraph 47 of the General Comments No. 36 on the ICCPR and Point 57 of the Concluding Observations and Recommendations adopted by the 11

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