Three Atayal men accused of theft in the landmark Zelkova tree case were acquitted yesterday after a legal battle lasting more than four years.
In October 2005, police arrested the three men from the Atayal village of Smangus (司馬庫斯) in Hsinchu County and charged them with theft for transporting part of a Zelkova tree felled by a typhoon that was blocking the road connecting their community to the outside.
The decision to remove the tree and bring it back to the village to be carved into a piece of artwork was made communally by the village's council.
The three men pleaded not guilty to the charges, saying they were only executing the village council's decision to remove the tree and bring it back to the village to be carved into a work of art.
They said they also believed that the community had the right to decide what to do with the tree as it had fallen within its traditional domain, in accordance with the Aboriginal Basic Act (原住民族基本法).
“I was very upset about being charged, and think it's very unfair,” Amin Yosow, one of the three men, told the Taipei Times outside the Taiwan High Court after the verdict.
“I kept telling the judge that I didn't agree it was theft because I was following a council decision, especially when I wasn't even taking the tree home for myself,” he said.
However, while the Aboriginal law allows Aborigines to gather items from nature for daily non-commercial use within their traditional domain, the law does not define the boundaries of “Aboriginal traditional domains.”
To help the three men, the Council of Indigenous Peoples quickly declared areas surrounding Smangus a traditional Atayal domain.
But this failed to work, and they were each sentenced to six months in prison and a fine of NT$160,000 in 2007.
The three appealed for help from Aboriginal rights activists and other Smangus villagers. Finally, the High Court ordered a re-examination of the case last year based on the reasoning that Aboriginal culture should be respected.
It was on the same grounds that the Taiwan High Court declared the three defendants not guilty.
“We thank all our friends for helping us in our hard-fought legal battle over the past four years, and we are happy that justice has finally been done,” Smangus chief Icyeh Sulong said in Atayal at a brief press conference outside the courthouse.
“We're also happy to see that the [judicial] authorities are able to respect the tradition, culture and autonomy of Aborigines — which has been passed down from generation to generation over thousands of years,” he said.
Thomas Chan (詹順貴), defense attorney and a member of the Legal Aid Foundation, called the verdict a “belated victory” and urged the prosecutor not to file an appeal.
Although he felt relieved at the verdict, Amin said he was worried that not all Aborigines would be so fortunate as to have their cases reviewed by judges who respect Aboriginal culture.
“Although we have the Aboriginal Basic Act, which establishes the framework for protecting Aboriginal rights, we don't have related subordinate laws that lay out the details,” he said. “Only when the subordinate laws are all adopted can we be fully relieved.”
The Taipei Mass Rapid Transit (MRT) Wanda-Zhonghe Line is 81.7 percent complete, with public opening targeted for the end of 2027, New Taipei City Mayor Hou You-yi (侯友宜) said today. Surrounding roads are to be open to the public by the end of next year, Hou said during an inspection of construction progress. The 9.5km line, featuring nine underground stations and one depot, is expected to connect Chiang Kai-shek Memorial Hall Station to Chukuang Station in New Taipei City’s Jhonghe District (中和). All 18 tunnels for the line are complete, while the main structures of the stations and depot are mostly finished, he
The first global hotel Keys Selection by the Michelin Guide includes four hotels in Taiwan, Michelin announced yesterday. All four received the “Michelin One Key,” indicating guests are to experience a “very special stay” at any of the locations as the establishments are “a true gem with personality. Service always goes the extra mile, and the hotel provides much more than others in its price range.” Of the four hotels, three are located in Taipei and one in Taichung. In Taipei, the One Key accolades were awarded to the Capella Taipei, Kimpton Da An Taipei and Mandarin Oriental Taipei. Capella Taipei was described by
Taipei is to implement widespread road closures around Taipei 101 on Friday to make way for large crowds during the Double Ten National Day celebration, the Taipei Department of Transportation said. A four-minute fireworks display is to be launched from the skyscraper, along with a performance by 500 drones flying in formation above the nearby Nanshan A21 site, starting at 10pm. Vehicle restrictions would occur in phases, they said. From 5pm to 9pm, inner lanes of Songshou Road between Taipei City Hall and Taipei 101 are to be closed, with only the outer lanes remaining open. Between 9pm and 9:40pm, the section is
The Taipei Economic and Cultural Office in Vancouver, Canada, on Saturday hosted a reception to celebrate Double Ten National Day. Conservative Canadian lawmaker Marc Dalton called Taiwan a “beacon of courage and resilience in the face of rising authoritarianism,” according to a post on the Taiwan in Vancouver Facebook page. Also in attendance were fellow conservative caucus members Tako Van Popta and Chak Au, who said that Taiwan plays an “indispensable role” in ensuring global peace, prosperity and stability due to its strategic position in the Indo-Pacific region, it said. Canadian lawmaker Michael Cooper also recorded a message wishing Taiwan a
RSS