It seems that the pan-blue camp is intent on using the 319 Shooting Truth Investigation Special Com-mittee Statute (三一九真調會條例) as a hangman's rope with which they can string up President Chen Shui-bian (陳水扁) before a crowd. But this statute, which is reminiscent of legislation under the martial law period, needs the apparatus of martial law behind it to be effective. But the period of martial law is now behind us, and the Chinese Nationalist Party (KMT) has become an opposition party. It is in no position to successfully make use of "conditioned power," the power that changes beliefs through persuasion or education, as distinct from coercive or compensatory power.
In contrast, Chen has already initiated a policy of non-cooperation. The Democratic Progressive Party (DPP) and the Taiwan Solidarity Union (TSU) are not participating in the truth investigation committee, which will be nothing more than a "pan-blue investigation committee." If the president does not ratify the appointment of the pan-blue camp's nominees, the committee members will not carry official status, and if the Executive Yuan refuses to pay disbursements for the committee, they will find it very difficult to get anything done. And this is only the first step.
Speaking honestly, this hangman's rope which the blue camp is making is actually ideally suited to be used on itself. The pan-blues should either put it aside, or they really will end up killing themselves with it. The Council of Grand Justices held a hearing on the pan-green caucuses' request for a temporary injunction against the committee to discuss making a constitutional interpretation. It is interesting to note that the blue camp fought back, with KMT caucus whip Huang Teh-fu (黃德福) saying that there were questions as to the "legal propriety" of the action, as though he didn't know that only the grand justices have the right of interpretation. This is fairly insignificant compared with talk that the KMT and People First Party (PFP) are suggesting not sending members to participate in the judicial debate. Is this something they learned from the DPP?
The DPP's non-cooperation with the committee is based on the advantage of holding office. What does the blue camp's non-cooperation take as its basis? Apart from which, the committee is a product of party conflict, but the hearings toward a constitutional interpretation are being held by the Council of Grand Justices, a decision-making body, and if the pan-blues choose not to attend, then they will simply be forfeiting their rights, and will have to suffer the consequences.
In addition, the participants in this debate are the applicants -- the DPP and TSU -- and the Legislative Yuan. Therefore the applicants and the legislature are each required to send two repre-sentatives, one-to-three agents and two specialists to argue their case. As far as the DPP is concerned, there is absolutely no problem. But the question is, what has happened to DPP and TSU representation in the legislature? Should they not also have a voice in selecting representatives, agents and experts to present the legislature's case, based on their representation in the chamber? So when the case is brought before the Council of Grand Justices, the Legislative Yuan's two representatives will not be drawn just from the pan-blue camp, but will also reflect the ideas of the DPP and the TSU. This is the first point. If the KMT and PFP refuse to send representatives, then, although they may abstain from attending the proceedings, this does not mean that the legislature is not represented.
Although the green camp is not cooperating with the 319 Committee, it is giving its full cooperation to the constitutional interpretation. And what will happen to the pan-blue camp? The show has just begun.
Chin Heng-wei is editor-in-chief of Contemporary Monthly magazine.
Translated by Ian Bartholomew
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