朝野兩黨的死刑錯亂症

@劉靜怡

近來由於法務部長王清峰公開表示其不願執行死刑而下台的風波,使得「死刑」似乎成為「人人皆專家」的議題。然而,究其實際,從來不願報導廢死倡議活動的媒體記者責怪廢死團體未與大眾對話,固然厚顏,恐怕不清楚台灣犯罪統計資料實況的學者,竟根據只基於特定前提又曾經引發極大學術爭議的經濟學論文便輕言「殺一人救五人」,固然令人瞠目結舌,更重要的是這次兩黨政客所表現的「死刑錯亂症」,再度佐證了朝野兩黨長年以來在人權議題上的言行不一。

  民進黨從陳定南擔任法務部長起,便遵循國際條約的精神,宣示廢除死刑的政策,同時達成「暫緩執行死刑」這個少數可以稱為民進黨執政時期人權成績的目標。然而,連日來民進黨政客甚至黨主席對於死刑議題的發言,顯然忘了自己執政時持續推動「經濟社會文化權利國際公約」和「公民與政治權利國際公約」(兩公約)國內法化,受到當時國會多數黨無理阻撓的經驗,儼然有否定當初自己推動廢除死刑政策之勢,甚至在死刑議題上有向全球死刑紀錄最差的中國看齊的傾向。失去政權後誓言要深植民主和人權價值,並且堅持反對「傾中」的民進黨,有義務誠實告訴人民其立場是否因一時的政治私利而遽然改變,決定在人權價值上「積極傾中」?

  至於把曾經力阻兩公約批准但上任後立即將其據為自己人權政績的馬政府,更有責任交代:自己為何不向人民清楚說明「公民與政治權利國際公約」規定「任何被判處死刑的人應有權要求赦免或減刑」,而根據兩公約施行法第八條必須在兩年內修改法令對死刑犯斟酌減刑或暫緩執行的意義?為何迴避四十四名死刑犯中至少有十四名早在兩年前便已向司法院大法官提起「釋憲」,並請求先作成停止執行死刑之暫時處分的事實,而其他三十多名死刑犯則是因為極可能有同樣的釋憲理由,正由法務部研究是否有同樣的違憲理由,甚至正在研究是否應該透過再審或非常上訴程序,予以救濟?既然這就是朝野兩黨的法務部同持的「依法不執行死刑」正當理由,馬政府何能濫用「依法行政」一詞,不肯坦然面對自己在已經具有國內法效力的國際條約及其施行法下的人權承諾?難道,誓言「全面執政,完全負責」的執政黨,面對死刑此一敏感議題所導致的社會嚴重情緒對立,可以透過陸續「非法執行死刑」的粗劣違法作法,便足以承擔政治責任和歷史責任嗎?

(台大國家發展研究所法律組副教授,澄社執委)

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