Sat, Jul 14, 2007 page3

• Legacy of martial law remains: groups

  LIVING IN THE PAST The president of the Judicial Reform Foundation said that the decision in the Hsichih Trio case showed the judiciary still had a `martial law mindset'

  • By Loa Iok-sin / STAFF REPORTER
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  A "martial law mindset" still exists in various aspects of Taiwanese bureaucracy 20 years after martial law was lifted, non-governmental groups said yesterday after examining events over the past year.

  The Assembly and Parade Law (集會遊行法) was the main target of criticism from representatives of various organizations.

  The Assembly and Parade Law, passed in 1992, provides strict regulations for organizing demonstrations and requires that would-be demonstrators apply for a permit before holding a public gathering.

  "The law places obstacle after obstacle in the way of demonstrations ... and gives the police too much power," said Liu Shu-ya (劉淑雅), secretary-general of the Taiwan Association for Human Rights.

  Under the Assembly and Parade Law, police officers at the site of a protest have the authority to call off the demonstration if they deem an act there to be illegal, Liu said.

  Simon Chang (張緒中), leader of the Chunghwa Telecom Workers' Union, echoed Liu's comments.

  He said that one of the union's previous protests had not been declared illegal, even after union members threw eggs at police.

  "But nowadays most of us have been arrested or prosecuted for violating the Assembly and Parade Law even though demonstrations are more peaceful," he said. "So what difference has the end of martial law made?"

  Meanwhile, president of the Judicial Reform Foundation Lin Feng-cheng (林峰正) expressed concern that the judiciary still had a "martial law mindset."

  "After the Hsichih Trio were sentenced to death last month, the presiding judge said: `I could not find a reason to declare them not guilty,'" Lin said. "If a judge needs to find a reason to prove someone's innocence, the judiciary is obviously a remnant of martial law."

  Lin was referring to three young men who were first convicted of murder 16 years ago in a case riddled with problems such as a lack of evidence and allegations that the defendants confessions were extracted through torture.

  Although the three were acquitted in 2003 after a long struggle by human rights and judicial reform activists, the Taiwan High Court reversed the decision last month.

  In related news, Vice President Annette Lu (呂秀蓮) yesterday called on the Chinese Nationalist Party (KMT) presidential candidate, Ma Ying-jeou (馬英九), to face up to history and correct the mistakes that the KMT made during its administration.

  Martial law was imposed on Taiwan by the KMT regime from 1949 to 1987.

  Lu, who is on a 12-day journey to three of the nation's allies in Central America and the Caribbean, made the remarks in Guatemala -- the last leg of her trip -- in response to questions about a series of activities organized by the KMT to commemorate the 20th anniversary of the lifting of martial law.

  Additional reporting by Ko Shu-ling and CNA
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