Liberty Times (LT): The general public has little trust in the judicial system. What are your thoughts on the issue, especially as you have promised a second wave of judicial reforms after assuming office?
Chiu Tai-san (邱太三): From my observations, there are three reasons the public have lost confidence in the judiciary over the past few years. The first is that the Ministry of Justice and the Judicial Yuan have not, effectively and in a timely fashion, handled judges and prosecutors that are not suitable for their positions.
When I practiced law, many people seeking my services would ask whether I was acquainted with this prosecutor or that judge.
Photo: Chien Jung-fong, Taipei Times
The questions indicate that going through back doors or offering money is effective and still a prevalent mode of thought.
There is a saying in Taiwan: “The many articles of law cannot compare to a bar of gold. (法律千萬條,不如黃金一條).”
It is, to a degree, satirical of judges who can be bribed.
Despite amelioration in recent years, the problem has always been there, and there are still many prosecutors and judges that are involved in illegal dealings. It is only after these prosecutors and judges are investigated that the public is made aware of the deals such people have been embroiled in.
Second, most people feel that political parties are still in control of the judiciary. If the issue of political interference cannot be resolved, it would only increase political turmoil between the parties and harm the image of the judiciary as just and independent in the minds of the people.
Third, the ministry needs to reflect on how it conducts itself, especially as it seemingly allows for different interpretations of the same piece of legislation. Take corruption in the case of former president Chen Shui-bian (陳水扁) for example; one side argues for statutory authority, while the other argues for substantial influence. In cases like these, the Supreme Court must have the final word on which explanation is taken, instead of telling the public that “judges should not make their opinions known.”
In fact, such controversies can all be resolved in the Supreme Court’s meetings on civil or criminal cases.
No nation in the world would halt its judicial reforms. Reforms are not just the establishment of new organizations, either; for example, more and more units are being established to fight corruption, such as the Special Investigation Division, the Agency Against Corruption and the anti-corruption office at the Ministry of Justice’s Investigation Bureau.
Would more of the same units be better? The government should look into the reason the original units were unable to function as intended.
In addition, people seem to think that retrials are an ultimate solution, but this is an impossible wish to fulfill. If people constantly demand more severe punishments, the nation would become a society governed by fear of harsh laws, which would breed many other problems, such as overcrowded prisons, high crime rates and the possible lowering of international competitive ranks.
LT: People have said that prosecutors indicting individuals has become rampant. What are your thoughts?
Chiu: According to Ministry of Justice statistics, the rate of indictments and guilty verdicts sits at 96 percent. Some have compared Taiwan with Japan, whose rate is 99.7 percent, but China’s indictment and guilty verdict rate is 99.8 percent. Is it really a good thing to have a higher rate of guilty verdicts and indictments?
Everyone believes that there is not any wrongful detention or imprisonment under the Japanese legal system, because the entire court procedure in Japan is fair and transparent. On the other hand, while there is a high percentage of guilty verdicts handed out in Chinese courts, not a lot of people believe the trial procedures are trustworthy.
Some might question whether prosecutors in Taiwan abuse their powers to indict and persecute over petty crime, which might be true in some instances, but it is not a widespread or frequent occurrence.
LT: How can more reliable prosecution be ensured?
Chiu: It appears that Taiwan’s quality of prosecution is dragged down due to particular individuals. To change this situation for the better, society must exert greater pressure on the prosecutor general or chief prosecutors by enforcing the “prosecutors as one unit” system.
Japan is probably the best example of the system in practice, at least within its prosecutorial branch. Japanese prosecutor teams are bound together by a sense of honor, and no one prosecutor would easily indict a case.
For an indictment to be filed, the case must be approved by a chief prosecutor, and if the chief prosecutor cannot decide, they discuss it with the entire office. A Japanese prosecutor allegedly said that prosecutors have been known to quit if they have handled two cases that were given not-guilty rulings. [Implying that the cases are stains on their career and they could no longer remain in the prosecutorial sector.]
As for suggestions that investigations and public prosecution should be handled by the same prosecutor to know who is responsible, the suggestion is well intended, but is not currently possible due to a shortage of personnel.
Under the circumstance of limited personnel, both the investigation division and the public prosecution division should be up to date on a case’s key points and should strive to ensure that a defendant receives a guilty verdict if indicted. If the defendant is instead ruled not guilty, not only should the prosecutors in the investigation division suffer a drop in performance ratings, the prosecutors for the public prosecution should also be held responsible.
LT: You have mentioned that there were some “black sheep in the flock.” How would you effectively eliminate prosecutors who are not suitable for office?
Chiu: If the legal branch cannot do enough to show society that it is changing, then an outside committee must be established to assess prosecutors and allow the committee broader access to internal workings. Additional verification systems must be in place, because as long as there is corruption, there will be biased rulings.
Prosecutors must strive to be the sword that is not easily unsheathed, but when it is, heads must roll. If this can be achieved, the image of prosecutors can be reshaped.
In addition, more responsibility must be placed on the shoulders of chief prosecutors. Not only must the individual look after his colleagues, they must also work as a team when assigned to a case. What I can do after assuming office is base the elevation of chief prosecutors not only on an individual’s performance, but the performance of the local district prosecutors’ office.
LT: What are your thoughts on the Kenya case that occurred last month?
Chiu: From what information I have, the cases have no political considerations. Both sides [Taiwan and China] have operated on mutual understandings in the past, but there are simply too many kinds of international telecommunications crimes. There was no pre-agreed understanding this time, so both sides were seeking to extradite the individuals for trial on their own terms.
If both sides truly wish to jointly fight crime, they should not be fussing over procedure. There are at least 27 kinds of methods to handle such issues based solely on where it happened, who did it and where they would go afterward. Once a standard operating procedure has been agreed to and announced on both sides, it should be the go-to standard.
LT: Some Taiwanese say rulings on telecommunications fraud have been too light. How would you resolve the issue?
Chiu: The ministry has a reference table containing about 20 sentences to hand down for different crimes, as well as the average length of imprisonment in rulings by judges on fraud cases nationwide.
All the ministry has to do is to raise the numbers on the reference table and ensure that every criminal charge corresponds to a penalty. Only by doing so would the judges mete out a heavier sentence based on these figures when ruling on fraud cases, otherwise the judges usually take the average and use that as the sentence.
Translated by Jake Chung
Taiwan is to receive the first batch of Lockheed Martin F-16 Block 70 jets from the US late this month, a defense official said yesterday, after a year-long delay due to a logjam in US arms deliveries. Completing the NT$247.2 billion (US$7.69 billion) arms deal for 66 jets would make Taiwan the third nation in the world to receive factory-fresh advanced fighter jets of the same make and model, following Bahrain and Slovakia, the official said on condition of anonymity. F-16 Block 70/72 are newly manufactured F-16 jets built by Lockheed Martin to the standards of the F-16V upgrade package. Republic of China
Taiwan-Japan Travel Passes are available for use on public transit networks in the two countries, Taoyuan Metro Corp said yesterday, adding that discounts of up to 7 percent are available. Taoyuan Metro, the Taipei MRT and Japan’s Keisei Electric Railway teamed up to develop the pass. Taoyuan Metro operates the Taiwan Taoyuan International Airport MRT Line, while Keisei Electric Railway offers express services between Tokyo’s Narita Airport, and the Keisei Ueno and Nippori stations in the Japanese capital, as well as between Narita and Haneda airports. The basic package comprises one one-way ticket on the Taoyuan MRT Line and one Skyliner ticket on
Starlux Airlines, Taiwan’s newest international carrier, has announced it would apply to join the Oneworld global airline alliance before the end of next year. In an investor conference on Monday, Starlux Airlines chief executive officer Glenn Chai (翟健華) said joining the alliance would help it access Taiwan. Chai said that if accepted, Starlux would work with other airlines in the alliance on flight schedules, passenger transits and frequent flyer programs. The Oneworld alliance has 13 members, including American Airlines, British Airways, Cathay Pacific and Qantas, and serves more than 900 destinations in 170 territories. Joining Oneworld would also help boost
A new tropical storm formed late yesterday near Guam and is to approach closest to Taiwan on Thursday, the Central Weather Administration (CWA) said. Tropical Storm Pulasan became the 14th named storm of the year at 9:25pm yesterday, the agency said. As of 8am today, it was near Guam traveling northwest at 21kph, it said. The storm’s structure is relatively loose and conditions for strengthening are limited, WeatherRisk analyst Wu Sheng-yu (吳聖宇) said on Facebook. Its path is likely to be similar to Typhoon Bebinca, which passed north of Taiwan over Japan’s Ryukyu Islands and made landfall in Shanghai this morning, he said. However, it