To counter Chinese infiltration in the military, President William Lai (賴清德) last week announced plans to reinstate the military trial system after convening a national security meeting with high-ranking officials.
Amendments would be made to the Military Trial Act (軍事審判法) to bring military judges back to the front line to collaborate with judicial authorities to handle criminal cases involving active-duty military personnel accused of treason, aiding the enemy, leaking classified information, dereliction of duty, insubordination and other military offenses, he said.
Serving military officers committing military offenses that contravene the Criminal Code of the Armed Forces (陸海空軍刑法) would be tried by military courts if the amendments are passed.
Apart from amending the Military Trial Act, Lai said he would propose a military judge personnel management act, a military court organization act, and a military prosecutors’ office organization act to optimize the military trial system to garner public trust and support for the change.
The military trial system has a long history closely related to martial law. Many political prisoners, such as those involved in the Kaohsiung Incident (美麗島事件), were tried in military courts.
Military trials were usually conducted quickly, creating the potential for unjust verdicts and wrongful convictions. Chiang Kuo-ching (江國慶) was executed in 1997 at the age of 21 for a case in which he was convicted of sexually abusing and murdering a five-year-old girl. He was acquitted 15 years later in a posthumous trial which ruled that his statements were made against his will, with prosecutors saying that he had been tortured.
The military court system was disbanded after the death of Hung Chung-chiu (洪仲丘), a young corporal, sparked public outrage in 2013.
Hung’s death led to backlash against the military trial system.
Chinese infiltration in the military has become increasingly severe. Military officers have been lured into signing declarations stating that they would not resist in case of Chinese invasion. Some of them have been persuaded to leak classified information. There are currently 43 cases of military officers accused of spying for China.
Therefore, it is necessary to restore the military trial system to uphold military discipline and safeguard national security.
However, human rights issues should also be taken into account. Cases handled by the new military trial system should be limited to offenses concerning military duties.
Serving military officers contravening the Criminal Code of the Armed Forces, committing crimes such as offenses against allegiance to the nation, would face military trials. However, service members committing general crimes should be handled by the civilian judiciary. Needless to say, military trials should not be applied to civilians.
The restored military trial system should be evidence-based and uphold procedural justice to avoid wrongful cases, which occurred in the absence of these conditions in the past.
The authorities should consider inviting non-governmental organizations to oversee the revised system.
In fact, military trials exist in democratic countries around the globe. They are held under stringent procedures that mirror civilian courts and uphold evidentialism.
It is unnecessary to associate military trials with martial law. As we witnessed what happened to impeached South Korean President Yoon Suk-yeol after his failed martial law bid, no president would be reckless enough to follow suit.
Liu Chao-lung is an associate professor at National Changhua University of Education’s Department of Public Affairs and Civic Education.
Translated by Fion Khan
There is a modern roadway stretching from central Hargeisa, the capital of Somaliland in the Horn of Africa, to the partially recognized state’s Egal International Airport. Emblazoned on a gold plaque marking the road’s inauguration in July last year, just below the flags of Somaliland and the Republic of China (ROC), is the road’s official name: “Taiwan Avenue.” The first phase of construction of the upgraded road, with new sidewalks and a modern drainage system to reduce flooding, was 70 percent funded by Taipei, which contributed US$1.85 million. That is a relatively modest sum for the effect on international perception, and
At the end of last year, a diplomatic development with consequences reaching well beyond the regional level emerged. Israeli Prime Minister Benjamin Netanyahu declared Israel’s recognition of Somaliland as a sovereign state, paving the way for political, economic and strategic cooperation with the African nation. The diplomatic breakthrough yields, above all, substantial and tangible benefits for the two countries, enhancing Somaliland’s international posture, with a state prepared to champion its bid for broader legitimacy. With Israel’s support, Somaliland might also benefit from the expertise of Israeli companies in fields such as mineral exploration and water management, as underscored by Israeli Minister of
When former president Tsai Ing-wen (蔡英文) first took office in 2016, she set ambitious goals for remaking the energy mix in Taiwan. At the core of this effort was a significant expansion of the percentage of renewable energy generated to keep pace with growing domestic and global demands to reduce emissions. This effort met with broad bipartisan support as all three major parties placed expanding renewable energy at the center of their energy platforms. However, over the past several years partisanship has become a major headwind in realizing a set of energy goals that all three parties profess to want. Tsai
An elderly mother and her daughter were found dead in Kaohsiung after having not been seen for several days, discovered only when a foul odor began to spread and drew neighbors’ attention. There have been many similar cases, but it is particularly troubling that some of the victims were excluded from the social welfare safety net because they did not meet eligibility criteria. According to media reports, the middle-aged daughter had sought help from the local borough warden. Although the warden did step in, many services were unavailable without out-of-pocket payments due to issues with eligibility, leaving the warden’s hands
RSS