In other words, precedents that restrict people’s right to litigation without any legal basis are unconstitutional and therefore null and void.
In view of this, the courts should abandon the retrograde notion that malicious prosecutions have no victims. They should recognize the absurd situation where prosecutors have authority without responsibility.
One thing that courts can do is to a give a proper hearing to cases lodged by victims seeking redress.
On Monday last week, an alliance of judicial victims issued a declaration calling for a “metamorphosis” of Taiwan’s system of prosecution.
The declaration stated that the purpose of resisting prosecutors who abuse their authority is to “break open the cocoon” of prosecutors who work for political ends under the guise of carrying out judicial duties, and to complete the process of depoliticizing the judiciary and restoring justice to the public.
This is what most people in Taiwan want to see, and the courts should take heed and respond to this call for justice.
Huang Di-ying is a lawyer.
Translated by Julian Clegg