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Bring justice to victims of abuses

Recently the Cabinet's Research, Development and Evaluation Commission and the National Archives Bureau were forced to apologize to Shih Ming-teh (施明德) and others involved in the Formosa Incident. This was a result of the Documents of the Formosa Incident exhibition held in 2003, in which personal letters and derogatory news reports of various individuals were put on display without their prior consent. I approve of the courage and consideration of the government's apology, but this should in no way mitigate the considerable injustice that has been shown.

The fact that 10 years after the lifting of martial law it was still necessary for the individuals involved to take legal action against the government to protect their human rights is an indication that Taiwan's transition into a just society is still far from complete.

Following the third wave of democratization in the 1980s, nations that formerly practiced dictatorship and tyranny have one after another established truth and reconciliation commissions, declassified government documents and implemented legislation to reflect their commitment to become a more just society. Such efforts are directed at re-establishing the collective memory of the people, condemning injustice and fear caused by former regimes, and building a new political identity. Therefore, transitional justice has become a concept that nations cannot ignore.

Although different countries have adopted different systems to reflect their various historical, political and cultural backgrounds, the commitment to historical truth and transitional justice must remain constant. Besides South Africa, in Latin America nations such as Bolivia, Chile, El Salvador and Guatemala have all established a truth and reconciliation commission of some sort. South Africa, for example, helped those who had been oppressed become respected citizens by having the families of the persecuted recount their stories. The media then spread the truth and the government recognized its past wrongdoings. As a result, the perpetrators faced criminal charges but they were entitled to an amnesty if they could expose atrocities from the apartheid period.

In other words, transitional justice can not only serve to heal the wounds of the past but also integrate and reform society through the pursuit of penitence and reconciliation.

Former Eastern Bloc countries such a Poland and East Germany focused on disclosing the truth of political incidents of great significance, making public national archives and re-establishing the collective memory of their citizens. In 1991, a new unified Germany enacted the Stasi Records Act to disclose classified documents previously held by the Stasi, the East German Intelligence and Security Service. This allowed people to access these files showing the human rights abuses, preserving the truth of what happened and re-appraising the political climate.

Additionally, the German government also returned properties that had been illegally seized by the communist regime, and established tribunals for those who had been and sentenced for crimes they hadn't committed.

Between 1945 and 1987, major political incidents including the 228 Incident and the Kaohsiung Incident infringed on the human rights of more than 140,000 people.

During these incidents, people went missing or were secretly imprisoned; others were tortured and jailed without trial -- not unlike what happened in the former communist states of Latin America and Eastern Europe.

In 1987, the Legislative Yuan passed the National Security Law (國家安全法), which replaced Martial Law. Article 9 of the National Security Law stipulates that military trials that have been completed cannot be appealed or protested in civil courts.

In January 1988, Lee Teng-hui (李登輝) succeeded Chiang Ching-kuo (蔣經國) as president. Perhaps partly because of Lee's shaky power basis, it was not until Feb. 28, 1995 that he made a public apology, as a representative of the government, during a ceremony to establish the memorial for victims of the 228 Incident in Taipei's 228 Peace Park. Lee said the government admitted its past mistakes and sincerely apologized for them.

During this time, several laws were also promulgated, such as the Statute Governing the Recovery of People's Rights Damaged During the Period of Martial Law (戒嚴時期人民受損權利回復條例), the Statute of Compensating Improper Verdicts on Sedition and Communist Espionage Cases during the Martial Law Period (戒嚴時期不當叛亂匪諜審判案件補償條例), the 228 Incident and the law set up to deal with compensation for it: the National Archives Act, and others. But, all these laws emphasized monetary compensation rather than demanding that justice be served and wrongs be righted.

In 2000, President Chen Shui-bian (陳水扁) became president, marking the nation's first democratic transfer of political power. Although the Chen administration claims to rule the country based on human rights, relevant human rights bills have not been passed due to pan-blue lawmakers' obstruction in the legislature. As a result, Chen has only been able to resort to the method of increasing the amount of money offered in compensation, rather than making a more significant breakthrough in truth, reconciliation and making the national archives public.

Thousands of people suffered from major violations of human rights in the past and their family members remain enraged because of their inability to escape from this shadow in their past. But the root of the problem has not yet been eradicated.

Over the past 10 years, no matter what measures the Chinese Nationalist Party (KMT) and the Democratic Progressive Party (DPP) government chose as a way to forgive and forget, neither has been able to resolve unsettled human rights cases by simply offering money as compensation. Nevertheless, the family members of human rights victims have not stopped their efforts to gain redress. Three weeks ago, a group of former political prisoners addressed a petition to the Taiwan Association for Human Rights. The scene of a group of white-hair citizens pouring out the wrongs they suffered for much of their lives made me lament the fact that justice has not arrived in Taiwan.

The government has given some justice to Shih Ming-teh, who was arrested for organizing the December 10, 1979 pro-democracy rally, subsequently known as the Kaohsiung Incident. But, this is just a single case. There are still a lot more people like Shih, who need the government to give them redress. Unless the government can bring justice to these victims, it will only show that it is unable to expose the former KMT government's human rights abuses.

In July, the KMT elected a new chairman, Taipei Mayor Ma Ying-jeou (馬英九), who emphasizes party reform. Ma has long been an advocate of human rights. He not only has long supported bringing justice to those oppressed in the Tiananmen Square Massacre, but also recently emphasized the idea of Taiwan first.

Perhaps he can help bridge some of the differences between the KMT and the DPP.

I look forward to seeing the DPP and the KMT cooperate to resolve unsettled human rights cases and bring justice to former political prisoners.

John Wei is a Taipei-based lawyer.

TRANSLATED BY DANIEL CHENG AND LIN YA-TI
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