Chiu Yi sues former defense minister Chen Chao-min

By Shih Hsiu-chuan  /  Staff Reporter

Sat, May 28, 2011 - Page 3

Chinese Nationalist Party (KMT) Legislator Chiu Yi (邱毅) yesterday filed papers to sue former minister of national defense Chen Chao-min (陳肇敏) and eight other officers for the wrongful execution of an air force private in the rape-murder of a five-year-old girl 15 years ago.

The reopened investigation into the case by the Supreme Prosecutors’ Office concluded on Tuesday that Chiang Kuo--ching (江國慶) was not guilty of the crime for which he was executed in 1997, but failed to issue indictments against Chen or the other officers believed to have played a role in Chiang’s interrogation and coerced confession.

Chiu and Judicial Yuan President Rai Hau-min (賴浩敏) ran into each other outside the Taipei District Court, but Rai declined to comment on the case.

Announcing the results of the investigation on Tuesday, the Special Investigation Panel (SIP) said that military prosecutors had coerced Chiang’s confession by subjecting him to torture. However, it also said the nine military officers could not be indicted because the statute of limitations had expired.

Chiu said prosecutors should have sought indictments under articles in the Criminal Code that carry a longer statute of limitation than Article 304 regarding the crime of coercion, which carries a statute of limitation of 10 years.

SIP prosecutors could have applied Article 125 to indict Chen on charges of abuse of prosecutorial authority, Article 126 on charges of maltreatment of a suspect or Article 271 on charges of murder — all of which carry a statute of limitation of 20 years to 30 years, Chiu said.