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Editorial: Truth committees and sour grapes

A well-known anecdote tells of a scientist who announces that he has invented a solvent capable of dissolving any existing material. A suspicious person then asks the scientist what he uses to store the substance.

In Taiwan, there is an institution that is just as mighty as that solvent. It can pass laws that would destroy the nation's legal foundations -- the Constitution, constitutional politics and human rights -- and there is no mechanism with which to restrict it. It is the legislature. In the past, on the instruction of Generalissimo Chiang Kai-shek (蔣介石), this all-powerful institution froze the Constitution by passing the Temporary Provisions Effective During the Period of Communist Rebellion (動員戡亂時期臨時條款), which became the most potent instrument of Chiang's authoritarian rule.

Although Taiwan is now a democracy, the spirit of the Chinese Nationalist Party (KMT) remains the same. The blue camp, holding a legislative majority, recently helped pass the March 19 Shooting Truth Investigation Special Committee Statute (三一九槍擊事件真相調查特別委員會條例) on the instruction of KMT Chairman Lien Chan (連戰). Transcending the Constitution and human rights, this statute undermines the principle separating the government into five branches as specified in the Constitution and also tramples on human rights. The law is not meant to pave the way for new authoritarian rule under the KMT, but rather to avenge Lien's defeat in the presidential election.

The statute stipulates that the funds required by the truth committee will come from the Cabinet's budget, and the Cabinet does not have the right to refuse. This is in clear violation of the powers bestowed on the Cabinet in the Budget Law (預算法), including budget allocation, review and execution rights.

The statute also stipulates that truth committee members will be appointed proportionally according to party representation in the legislature -- effectively usurping the authority of the Judicial Yuan. In addition, there are no laws restricting or regulating the committee, which is not required to produce subpoenas, search warrants or other documents required in any legitimate judicial procedure, and thus it all but overturns the Code of Criminal Procedure (刑事訴訟法).

Furthermore, according to this statute, investigations by the committee need not follow normal legal procedures, and individuals, organizations and even government bodies cannot refuse to be investigated, unless they are willing to face fines up to NT$1 million, possible prison sentences and denial of their right to leave the country. This is a gross violation of human rights, pure and simple.

Under the Constitution, the Control Yuan has the right to launch investigations and impeachment proceedings. In response to calls for an investigation into the March 19 shooting, President Chen Shui-bian (陳水扁) suggested the Control Yuan's right to investigate be exercised in conjunction with prosecutors in order to clarify the incident under the direction of Control Yuan President Frederick Chien (錢復) -- who is regarded by many as a pillar of social justice in the government. The statute that has been passed by the legislature infringes on the Control Yuan's powers of investigation, conceding its power to the truth committee.

On Tuesday, the blue camp proposed amendments to the statute. But as DPP spokesperson Chen Chi-mai (陳其邁) said, all the pan-blue camp is trying to do is reduce the extent to which the statute contravenes the Constitution from 85 percent to 75 percent.

There is no guessing how many more constitutional crises Taiwan will have to endure if Lien does not get his way and become president. The KMT's reactionary nature is unwavering. In the year-end legislative elections, the people must decide whether Lien's attack on constitutional government is worthy of their support.
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