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Editorial: Seize the opportunity
Saturday, Dec 28, 2002, Page 8
The election of a new speaker and deputy speaker for the Kaohsiung City Council has triggered a shouting match between the ruling and the opposition camps, in which the two sides accuse each other of "black gold" politics.
It has also, surprisingly, ignited a debate between the minister of justice and the Judicial Yuan.
Recently, Minister of Justice Chen Ding-nan (陳定南) openly asked the Judicial Yuan to see to it that the courts give speedy trials to black-gold related cases, so as to live up to the expectations of the people and the government that such practice will be wiped out. Premier Yu Shyi-kun echoed Chen's request.
But in response, the president of the Judicial Yuan, Weng Yueh-sheng (翁岳生) criticized Chen. "How can there still be ministers with this kind of view?" he asked.
Judicial Yuan Secretary-General Yang Ren-shou (楊仁壽) went further and publicly asked the judges not succumb to such outside influence.
In a just society, it is important to uphold the independence of judicial reviews, just as it is important to uphold the principle that an accused is innocent until proven guilty. Guilty verdicts should be obtained by following proper legal procedures and be supported by concrete evidence. They should be obtained without outside interference.
Executive interference with the judicial branch, if it actually happened, would indeed be inappropriate; and the Executive Yuan and the Ministry of Justice are all part of the executive branch of government.
But the fact is that Chen has spoken the mind of the people. If the Chu An-hsiung (朱安雄) vote-buying case remains unresolved for four years -- in other words, until after Chu has completed his term of office -- the public's faith in the country's judiciary will be seriously challenged.
Chen's "supervision" of the Judicial Yuan may be inappropriate, but it is difficult for society at large to not side with him.
Prosecutors in Taiwan have charged 770 individuals with vote buying in the five elections that took place in 1997 and 1998. So far, 630 of the cases -- or 82 percent -- have not yet received any verdict. No future verdict can change the fact that all those prosecuted have already successfully completed their terms in office. How can the public accept this kind of delayed justice?
Prosecutors, judges and attorneys are the three pillars of the legal system. Many prosecutors and judges are responding enthusiastically to the current debate between the Ministry of Justice and the Judicial Yuan, because these judges and prosecutors have ideals about the justice system.
But the realization of justice requires cooperation between the ministry and the Judicial Yuan. And, as the saying goes, "Justice delayed is justice denied."
The general public -- including the plaintiffs, defendants and even the minister of justice -- is unhappy with the efficiency of the courts. The Judicial Yuan should assist the judges in trying the cases in a speedy fashion and provide timely justice.
The political parties, the Ministry of Justice and the Judicial Yuan should stop pointing fingers at each other as a result of the the election of the speaker and deputy speaker for the Kaohsiung City Council.
Rather, the election of such a notorious character should be seen as a touchstone for the various political camps' sincerity about uprooting black-gold politics.
But most of all, this case should be seen as a new opportunity for the Judicial Yuan and the Ministry of Justice to cooperate in stamping out corruption wherever it is to be found.
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