The Cabinet reacted angrily to the passage of legislation establishing a committee to investigate the assassination attempt on the president and vice president, calling its contents unconstitutional and vowing to have it overturned.
"The formation of the committee is not only unconstitutional but also tantamount to letting political parties make prisoners out of prosecutors," Cabinet Spokesman Chen Chi-mai (
Chen said the Cabinet would consider asking the Democratic Progressive Party (DPP) to request the Council of Grand Justices make a constitutional interpretation if the legislature ignores its objections.
The pan-blue camp's version of the March 19 Shooting Truth Investigation Special Committee Statute (三一九槍擊事件真相調查特別委員會條例) prevents Control Yuan President Fredrick Chien (錢復) from acting as its head, and bestows the committee with the power to investigate criminal cases.
The legislature also formed a second committee to review the apparent enacting of a "national security mechanism" on March 19 after the shooting. Seventeen legislators will sit on that committee in proportion to party representation in the legislature, and are required to produce a report within one month.
But on the main committee, lawmakers, Control Yuan members and personnel from other government agencies and state-run businesses are not permitted.
Instead, the DPP can appoint six members from outside these spheres, the Chinese Nationalist Party (KMT) five, the People First Party (PFP) four, the Taiwan Solidarity Union (TSU) one, and the Non-Partisan Solidarity Union (NPSU)one.
The statute says that the committee has the right to investigate all criminal matters relating to the March 19 shooting, and that it will enjoy the power of prosecutors when conducting investigations.
If a committee member proposes that an issue be investigated, that proposal requires the support of four members before the committee member can conduct an investigation.
The committee can also second a prosecutor to assist the investigation, and while assisting the committee the prosecutor will not be under the command of his or her superior.
The committee is also empowered to conduct an investigation into the president, the vice president and anyone else considered relevant. A request by the committee for clarification or assistance cannot be refused, according to the statute.
The committee can order those assisting it to remain in the country. It can also continue its investigation indefinitely, and must present a report to the Legislative Yuan and the Control Yuan every three months.
After the statute was passed yesterday, the DPP and the TSU declared they would recommend people not cooperate with the committee.
The DPP caucus also said it would request the Council of Grand Justices issue a constitutional interpretation, while suggesting the Cabinet send the statute back to lawmakers.
"The statute passed today is unconstitutional and violates Judicial and Control [Yuan] powers. The DPP caucus cannot accept this, and we will demand a constitutional interpretation on the statute and ask the Executive Yuan to return it to the Legislative Yuan for reconsideration," DPP caucus whip Ker Chien-ming (柯建銘) said.
The Ministry of Justice also issued a statement strongly condemning the statute as unconstitutional and the "greatest humiliation of democracy and legal order."
The ministry also described the committee as an "unconstitutional monster." It accused the legislation of usurping judicial investigative powers, constitutional procedures and the principle of the separation of powers.
"The statute turns prosecutors into the committee's sacrificial lambs. It deprives prosecutors of their powers ... and it allows those without legal expertise or the rank of prosecutor to become prosecutors at the behest of political parties," the ministry statement read.
"The so-called `truth investigation' has become a tool to rape justice," it read.
Chen Chi-mai said the legislation was unconstitutional because it not only exhibited disdain for the due process of law as guaranteed by the Constitution, but also flouted the principle of retaining checks and balances.
"It also encroaches on the absolute power of the judicial system," he said.
"The passage of such a [statute] only shows that the opposition parties never believed in what they had been saying, namely that committee members should be above political influence and exercise their power independently and impartially," he said.
Once the committee is up and running, Chen warned, it could act without the supervision of the judicial system and the Control Yuan.
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