Earlier this month, the Ministry of Justice officially turned down the personnel reform proposals suggested by the Prosecutors Reform Association (
The act has triggered mixed responses. The rupture between the ministry and its prosecutors might open the door to a great opportunity for reforming the justice system. The situation deserves a closer look.
The non-cooperation movement does not mean reform-minded prosecutors will refuse to perform their duties or to serve the people. It is a way for the prosecutors to refuse to give their loyalty and devotion to a justice ministry that does not want to reform.
The movement is a way to stop ministry administrators from manipulating the careers of prosecutors. It cuts off the unhealthy relationship between the prose-cutors and the ministry and at the same time, it prevents the possibility of prosecutors taking bribes. It is a means to realize social justice and to encourage those righteous, decent prosecutors to take the initiative.
The details of the non-cooperation effort include: not attending the ministry's staff meetings; not accepting a job transfer motivated by ministry attempts to pacify or reward prosecutors; not cooperating with meaningless anti-bribery campaigns organized by the ministry; and refusing to work on cases labeled "sensitive" by the public prosecutor general.
The Prosecutors Reform Association's rationale for non-cooperation is that by not attending staff meetings, prosecutors will be able to form different task forces to work on solutions to questionable cases. The purpose is to build a truly wise and open prosecutorial system for the people.
The association has also asked its members to refuse to be bought, by not accept-ing new positions unless the ministry takes action to solve its problems.
A thorough investigation of possible election bribery cases should be initiated by the prosecutors themselves, as opposed to campaign activities not conducive to solving the bribery problem.
Prosecutors are encou-raged to make details of cases public before putting them into the justice ministry system, so the system will not be able to easily or silently hush up the cases. And finally, the association will try to expose those prosecutors who are following the ministry's orders in their handling of "sensitive" cases.
The people decide on what kind of government they have and the prosecutors must decide on what kind of justice ministry they work for. We can't continue to nourish a bureaucratic system that is not sincere in improving itself. We can not expect reform to come from the top and reach the prosecuting staff at the lowest level.
This is a battle for reform-minded prosecutors to take down a bastion of corruption. We have to cut off supplies to the justice ministry and change the way people in the ministry think.
As we end the culture of corruption, it will be time for prosecutors to blow the resounding horn of success.
Chen Jui-jen is a public prosecutor at the Shihlin District Court and deputy convener of the Prosecutors Reform Association.
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