The National Security Bureau (NSB) has listed files on allegedly politically motivated cases as “permanently classified,” thereby denying the Transitional Justice Commission access, Democratic Progressive Party (DPP) Legislator Tuan Yi-kang (段宜康) said yesterday.
The Presidential Office should investigate whether the head of the NSB who approved the permanent classification of such documents abused their power, and to declassify or change the classification of the documents, he said.
During a meeting of the legislature’s Judiciary and Organic Laws and Statutes Committee to review a draft political archives act, Tuan asked commission member Yeh Hung-ling (葉虹靈) whether it was having trouble obtaining documents from other agencies.
Photo: Liu Hsin-de, Taipei Times
While the commission has been successful for the most part, it has faced difficulty getting access to files from the NSB on 21 cases since August last year, Yeh said.
The cases included the 1980 murder of Lin I-hsiung’s (林義雄) mother and twin daughters while he was being detained in connection with the 1979 Kaohsiung Incident; the incident itself, which refers to the clash between security forces and protesters during a Dec. 10 pro-democracy demonstration organized by Formosa Magazine (美麗島雜誌) and widespread arrests in the aftermath of the protest; and the 1981 death of Carnegie Mellon University associate professor Chen Wen-chen (陳文成) one day after he was questioned by Taiwan Garrison Command staff.
The bureau has only given the commission access to files on the Lin family murders, Yeh said.
It has denied access to the remaining files on account that they were “permanently classified,” he said.
Article 12 of the Classified National Security Information Protection Act (國家機密保護法), which allows files on sources of national security-related intelligence to remain permanently classified, does not apply to the cases mentioned by Yeh, Tuan said.
“Sources of national security-related intelligence” refers to intelligence officers who collect information on other nations, he said.
Giving a hypothetical example, he said an investigator working undercover at Formosa Magazine would not have been considered a source of national security-related intelligence, the lawmaker said.
The act stipulates that information cannot be classified to conceal illegal behavior or administrative errors, or to cover up disreputable behavior by individuals or groups, he said.
If the Taiwan Garrison Command or any national security agencies broke the law in their handling of Chen’s case, the NSB cannot use this as reason to permanently classify the documents, he said.
Chinese Nationalist Party (KMT) lawmakers on the committee accused the DPP administration of using the draft political archives act to persecute their party.
National Development Council Minister Chen Mei-ling (陳美伶) responded by saying that the draft act was not targeted at anyone.
The purpose of the proposed legislation is to objectively restore history, and to facilitate the publication and preservation of political documents, she said.
The proposed act would help efforts to achieve transitional justice, DPP Legislator Yu Mei-nu (尤美女) said, adding that as many relevant documents are still in the KMT’s possession, there is an urgent need for the draft act.
According to the Executive Yuan’s draft of the act, political documents would be automatically declassified once their classification period expires or the conditions for declassification have been met.
Documents that have been classified for more than 30 years, with the exception of documents with a legal basis for classification, are to be declassified, the draft states.
Additional reporting by staff writer
NO HUMAN ERROR: After the incident, the Coast Guard Administration said it would obtain uncrewed aerial vehicles and vessels to boost its detection capacity Authorities would improve border control to prevent unlawful entry into Taiwan’s waters and safeguard national security, the Mainland Affairs Council (MAC) said yesterday after a Chinese man reached the nation’s coast on an inflatable boat, saying he “defected to freedom.” The man was found on a rubber boat when he was about to set foot on Taiwan at the estuary of Houkeng River (後坑溪) near Taiping Borough (太平) in New Taipei City’s Linkou District (林口), authorities said. The Coast Guard Administration’s (CGA) northern branch said it received a report at 6:30am yesterday morning from the New Taipei City Fire Department about a
IN BEIJING’S FAVOR: A China Coast Guard spokesperson said that the Chinese maritime police would continue to carry out law enforcement activities in waters it claims The Philippines withdrew its coast guard vessel from a South China Sea shoal that has recently been at the center of tensions with Beijing. BRP Teresa Magbanua “was compelled to return to port” from Sabina Shoal (Xianbin Shoal, 仙濱暗沙) due to bad weather, depleted supplies and the need to evacuate personnel requiring medical care, the Philippine Coast Guard (PCG) spokesman Jay Tarriela said yesterday in a post on X. The Philippine vessel “will be in tiptop shape to resume her mission” after it has been resupplied and repaired, Philippine Executive Secretary Lucas Bersamin, who heads the nation’s maritime council, said
CHINA POLICY: At the seventh US-EU Dialogue on China, the two sides issued strong support for Taiwan and condemned China’s actions in the South China Sea The US and EU issued a joint statement on Wednesday supporting Taiwan’s international participation, notably omitting the “one China” policy in a departure from previous similar statements, following high-level talks on China and the Indo-Pacific region. The statement also urged China to show restraint in the Taiwan Strait. US Deputy Secretary of State Kurt Campbell and European External Action Service Secretary-General Stefano Sannino cochaired the seventh US-EU Dialogue on China and the sixth US-EU Indo-Pacific Consultations from Monday to Tuesday. Since the Indo-Pacific consultations were launched in 2021, references to the “one China” policy have appeared in every statement apart from the
More than 500 people on Saturday marched in New York in support of Taiwan’s entry to the UN, significantly more people than previous years. The march, coinciding with the ongoing 79th session of the UN General Assembly, comes close on the heels of growing international discourse regarding the meaning of UN Resolution 2758. Resolution 2758, adopted by the UN General Assembly in 1971, recognizes the People’s Republic of China (PRC) as the “only lawful representative of China.” It resulted in the Republic of China (ROC) losing its seat at the UN to the PRC. Taiwan has since been excluded from