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Chen sets out his rights agenda

President Chen Shui-bian (陳水扁) yesterday vowed to press ahead with judicial reform, including abolishing the death penalty and recognizing same-sex marriages according to the proposed "Basic Human Rights Law."

"The law will provide a legal basis for the goals that human-rights fighters have struggled for over the decades," Chen told a group of lawyers at an event to celebrate Lawyers' Day.

The law was drafted by the President's Advisory Group on Human Rights (總統府人權諮詢小組), which was founded in October 2000 and headed by Vice President Annette Lu (呂秀蓮) to promote human rights locally, help the nation participate in international human-rights activities and advise the president on human-rights issues.

Chen said he had worked as a lawyer for 17 years and had an in-depth understanding of the problems facing the profession, as well as the important contribution that lawyers had made to society.

"The President's Advisory Group on Human Rights, convened by Vice President Annette Lu, has completed drafting the organic law of the national human rights commission and the law governing the responsibilities and powers of the national human rights commission. The bills have been approved by the Executive Yuan and are now being reviewed in the Legislative Yuan," Chen said.

Chen also praised the progress made in judicial reform under Judicial Yuan President Weng Yueh-sheng (翁岳生). Chen said that the judicial environment, legal system and the quality of court rulings were now significantly better that when he was a lawyer.

"However, much remains to be done in amending the Organic Law of the Judicial Yuan, implementing the new civil and criminal procedure systems and formulating the Legal Aid Law and Judges Law, Chen said.

Because the organic law of the Judicial Yuan is still awaiting review in the Legislative Yuan, and the opposition parties have many divergent views, if the law cannot be passed in the current legislative session, it will damage the operations of the entire judiciary, he said. Weng has said he would resign in protest if the amendments to the organic law are not passed.

Chen also expressed hope that lawyers throughout the country can help with reforming the judiciary.

He said the recently passed Temporary Provisions on the Joint Selection of Judges for Civil Lawsuits, which allows people to jointly select judges, was an example of such reform.

According to the trial scheme that began last week, the plaintiff and defendant in a civil suit can jointly choose up to three judges to hear their case.

Chen said the new procedure was a good way to make people trust judges. But, he said, if there is no lawyer advising the parties in choosing the judges, then this well-intentioned law may not be implemented properly.

A new Code of Criminal Procedure, which went into effect on Sept. 1, will also help protect the public's rights, he said, although the Legal Aid Law must be passed soon to ensure poor people have equal access to the legal system.

Chen also called on lawyers to support the 15 grand justices he has nominated. In response to criticism that none of the nominees have any experience as lawyers, Chen said he had to respect the powers of the nomination committee.

"Vice President Annette Lu convened the review and recommendation committee for grand justices and the nominees were selected from a list of about 80 candidates. I cannot add any new candidate or make any changes. Otherwise, the hard work and contribution of the review and recommendation team will not be respected. In the future, [I] will pay special attention to this issue," Chen said.
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