Tue, Jul 10, 2007 page8

• Cases reveal cracks in the system

  • By Chiu Yu-bin 邱毓斌
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  On June 29, the Taiwan High Court reinstated the death sentence for the "Hsichih Trio," a decision that without a doubt will mean that this case, which has been called a decision by an uncivilized state by Amnesty International, will continue to torture all parties involved as well as those who care about judicial reform.

  If we compare this to another ongoing case, the preservation of the Losheng Sanatorium, these two cases reveal a message: The credibility of the political system may be gradually collapsing due to the self-centered approach of some of the people in charge. Although everything appears to be legal, those in charge are incapable of responding to society's needs and may lose the public's trust in and expectations for the system.

  One of the main purposes of establishing government organizations and a judicial system is to prevent social conflicts from escalating and to keep society stable.

  The difference between democratic and authoritarian societies lies in how these laws and policies are created and implemented. According to theory, the more democratic a society is, the greater the chance for a rational system. But in reality, as the above two cases show, the political system in its wider sense, including the judiciary, cannot make up for the cracks and instead cause social division.

  In mid-April, then-premier Su Tseng-chang (蘇貞昌) promised the Losheng Sanatorium that the Cabinet's Public Construction Commission would propose a new plan based on the premises of upholding human rights and not delaying the launch of a new MRT line which will go through the sanatorium premises. Unfortunately, the commission seems to care only about the "no delay" premise.

  Although several buildings inside the sanatorium will be kept under the new plan, some of the most important historical sites will not escape demolition, all sanatorium residents will have to be relocated for the six-year duration of the construction, and both the commission and the Taipei Rapid Transit Corporation have completely ignored warnings from some engineers regarding ground water and soft soil at the site.

  The "Hsichih Trio" case displays a frighteningly similar logic. After the Supreme Court rebutted the Taiwan High Court's 2003 acquittal, the Taiwan High Court allowed forensic expert Henry Lee (李昌鈺) to testify, raising hopes that the court was finally willing to face the problem arising from the weak evidence gathered at the crime scene 16 years ago when in fact judges were trying to find a way to disprove the not guilty plea. The result was that despite rejecting the rape charge and not detaining the defendants, the court maintained the death sentence. The defense team's longstanding doubts regarding the credibility of the defendants' testimony and other so-called evidence were all rejected by the judges.

  The executors of these systems have all acted in accordance with the law. So what went wrong? I think that their mistake was to follow the most conservative path available. They ignored social changes and are not aware of the fact that not everyone wants new MRT lines regardless of the cost, nor do they understand that some people do care about old and weak leprosy patients and historical assets.

  Likewise, they don't understand that more and more people know that you cannot convict someone on their confession alone, or that people want a judiciary that assumes innocence and lets the evidence talk. They do not understand that Taiwan is no longer a society that would rather kill an innocent person than let a guilty person go free and that Taiwanese are beginning to have more advanced notions of human rights and the rule of law.

  Those in charge of these two cases have it within their authority to take a progressive or a conservative approach without having to request any amendments to the law. In the Losheng battle between bulldozers and people, it is disappointing that technocrats from the Public Construction Commission and other agencies have chosen a solution that sacrifices people for bulldozers. In the Hsichih Trio's long pursuit of justice, the three Taiwan High Court judges chose to join the ranks of their dozen or so bureaucrat colleagues by handing down the same ruling. Maybe that choice was justifiable to them because there is violation of the law. The word "regret" that pops up in the occasional official press release can always be forgotten by joining their fellow bureaucrats in their clubs of mutual admiration and support.

  However, the damage caused to society by the system is unforgettable. As the two cases continue to grow and the damage accumulates to a certain level, the legitimacy of the political system may start to crumple while politicians and civil servants continue to rest in comfort among other bureaucrats, waiting for their retirement pensions or annuities. Those who are less lucky can lie low and wait for the next opportunity. But don't forget that this is the last and final opportunity for the seniors at the sanatorium or the Hsichih Trio -- Su Chien-ho (蘇建和), Chuang Lin-hsun (莊林勳), and Liu Bing-lang (劉秉郎). For them, there is no next opportunity.

  I sincerely hope that those in charge of administering our laws and systems will be able to heed the call of Taiwan's new social values forming outside their ivory towers.

  Chiu Yu-bin is a researcher at NGO Employee Union.

  Translated by Eddy Chang
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