The Chinese Nationalist Party (KMT) yesterday said that it would neither send a representative to the Transitional Justice Commission’s meeting on Thursday nor recommend anyone to serve as a consultant to the commission, adding that this would remain the party’s position until the constitutionality of the commission has been ascertained.
“We think that the commission and the Act on Promoting Transitional Justice (促進轉型正義條例) are unconstitutional and are a product of political wrangling,” KMT Culture and Communications Committee deputy director-general Hung Meng-kai (洪孟楷) said.
The statute governing the establishment of the commission was passed by the legislature without a public consensus, Hung said.
Photo: Chien Jung-fong, Taipei Times
The commission’s operation compromises the independence of the judicial system, interferes in the right of the Control Yuan to investigate public petitions, infringes on people’s basic rights and shows a complete disregard for the check-and-balance mechanism among the five branches of the government as stated in the Constitution, he said.
“The commission is set to become this giant monster that views itself as above the Constitution. We are doing everything we can to seek a constitutional interpretation from the Council of Grand Justices on its legitimacy. Before the council issues any ruling, the party will not endorse any actions from the commission,” he said.
The commission is operating illegally by recruiting consultants, as there is no law authorizing it to do so, he said.
The Democratic Progressive Party (DPP) would be undermining democracy if it rules the nation by “beating up the KMT,” Hung said, adding that the DPP should be focusing on governance instead.
The commission has also sent invitations to the DPP, the People First Party and the New Power Party to recommend people to serve on the consultation committee.
The commission said that the KMT’s decision to skip Thursday’s meeting was “regrettable” and asked the party to think twice about its decision.
“We respect the KMT’s decision to seek a constitutional interpretation from the Council of Grand Justices,” the commission added.
Regardless of the KMT’s decision, the meeting will proceed as scheduled, during which party representatives would discuss the formalities and procedures that would be used to handle political documents owned by different political parties, it said.
The commission has the power to ask people to appear before it and cooperate with an investigation if it deems it necessary, it said.
People who refuse to cooperate or obstruct investigations are to be fined between NT$100,000 and NT$500,000, and can be penalized repeatedly if they continue to refuse to do so.
Although the commission has yet to stipulate the rules governing the establishment of the consultation committee, it said that the committee would only be an internal organization that helps facilitate the commission’s operations and its decisions are not legally binding, adding that similar organizations exist in other government agencies.
Appealing for support for the committee, the commission said: “At least 30 political victims still bearing the fabricated crimes that the government imposed on them during the White Terror era had died in the past two years. We sincerely hope that all parties can sympathize with the victims and understand their grievances. It is urgent to address the issues of transitional justice, which should not be delayed any further.”
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