President Tsai Ing-wen (蔡英文) on Friday last week pardoned retired army general Han Yu-ping (韓豫平) and army sergeant Chang Yu-sen (張淯森), officially rendering their guilty verdicts null and void.
Tsai’s action could be viewed from two perspectives: one is the effectiveness of Taiwan’s legal system, and another regards the amount of respect given to members of the country’s armed forces and their families.
From the perspective of legal justice and the effectiveness of Taiwan’s court system, one could say that the purpose of crime and punishment is to educate, and therefore the principle of proportionality should be applied.
This particular case involved military personnel, and the punishment was governed by Article 5, Paragraph 1 of the Anti-Corruption Act (貪污治罪條例). Therefore, the charges were punishable by imprisonment of no less than seven years.
To most people, seven years in prison for spending NT$2,880 on a dinner with soldiers seems more than a little unreasonable, and not in line with what Taiwanese would consider to be justice from an efficient legal system.
In its response to a corruption case, the Judicial Yuan said on its Web site last month: “If it is considered that a statutory penalty is too high and does not take into account all the circumstances of the case, and that it is deemed a legal amendment is needed, the court will respect this determination, based on the principle of separation of powers.”
I humbly suggest that a legal amendment should be made to raise legal standards and improve human rights in this country.
Next is the question of what this means for respect for military personnel and their families. Members of Taiwan’s armed forces put their lives on the line to protect this nation, and in peacetime are asked to participate in rescue operations.
Theirs is not a casual job — it is a vocation they are dedicated to. If they are to carry out their duties without any distractions, they need the support of their families.
Many studies have shown that the families of military personnel play considerable roles that have a bearing on their performance and in the barracks. For this reason, families are an inseparable part of the armed forces.
Former US first lady Michelle Obama once said that her main duty was to care for military service members and their families. If this is the case in the US, then there is no reason that members of the military and their families in Taiwan, a country of significant strategic value in the Asia-Pacific region, should not be given more support and respect.
It was heartening to see Tsai pardon these two men — taking into account “the contributions they have made to the country during their military careers and public sentiment on a legal matter,” as the Presidential Office said — and to allow them to get on with their lives.
During a news conference responding to the pardon, Han said that when his country needs him, he would accept the call of duty and go onto the battlefield to give his life to keep his country safe.
This is the spirit people want to see from members of the armed forces.
The wisdom and resolve that Tsai showed in pardoning these men to address the discontent within Taiwan’s military is exactly the kind of action that the country expects its president to take.
Brandt Tso is a retired National Defense University Management College professor.
Translated by Paul Cooper
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