The Taipei District Court on Friday ruled that the Taipei City Government must pay NT$300,000 in compensation to a man who was beaten by police during a crackdown on the Sunflower movement protests at the Executive Yuan in March and April last year.
Lin Ming-hui (林明慧), a teacher from Taichung, filed the suit alleging excessive use of force in violation of the Act Governing the Use of Police Weapons (警械使用條例).
Lin sought compensation from the Executive Yuan, Taipei City Government, National Police Agency and Taipei City Police Department.
Photo: Chang Wen-chuan, Taipei Times
Lin said he took part in a sit-in protest at the Executive Yuan on March 24 last year.
“The protesters sat on the ground peacefully, and nobody had a weapon. But the riot police used violent tactics and wielded batons, striking people,” he said.
A picture of Lin walking away to receive medical treatment, his face and clothing covered in blood, was among the most prominent photographs featured in media coverage of the protesters’ occupation of the Executive Yuan.
Following Friday’s ruling, Taipei Mayor Ko Wen-je (柯文哲) said that his government would not appeal the decision.
Lin said he wants to salute the judge for the decision, as winning the case has symbolic meaning.
“However, the government is still applying the same old authoritarian thinking to the current protest by high-school students against textbook curriculum guideline changes,” he said.
Lawyer Wellington Koo (顧立雄) said the ruling was to rectify the government’s unlawful actions and could be used for reference in future litigation.
“It was regrettable that the court did not hold former premier Jiang Yi-huah (江宜樺) responsible, as he ordered the police to remove the protesters,” Koo said.
The ruling cited the use of excessive police force against protesters, as Lin was holding on to another person next to him when police tried to disperse the crowd by pulling them away one by one.
“Police may use physical force to remove and carry people away, but when using batons, the officers should only have struck at Lin’s hands, and not at his head,” the ruling said.
It added that in Lin’s case, the officers had violated Articles 9 and 10 of the Act Governing the Use of Police Weapons, which state: “The police should avoid using lethal force unless the situation is so imminent that the lives of officers or bystanders are being threatened,” and “after using the police weapons, the police officer must report his/her use to his/her immediate supervisors except for using a baton as a way to give directions.”
Throughout the hearing and investigation, the police force did not take steps to identify the officer who hit Lin. Instead, it gave the captain of the riot police squad two demerits as punishment.
Lin’s lawyer, Lu Chiu-yuan (呂秋遠), said that was not good enough.
“It has been over a year since the incident, but police are still unable to find out the identity of the officer,” he said. “I hope Mayor Ko can help to find the officer responsible, because we must not let taxpayers foot the bill for police violence.”
SLOW-MOVING STORM: The typhoon has started moving north, but at a very slow pace, adding uncertainty to the extent of its impact on the nation Work and classes have been canceled across the nation today because of Typhoon Krathon, with residents in the south advised to brace for winds that could reach force 17 on the Beaufort scale as the Central Weather Administration (CWA) forecast that the storm would make landfall there. Force 17 wind with speeds of 56.1 to 61.2 meters per second, the highest number on the Beaufort scale, rarely occur and could cause serious damage. Krathon could be the second typhoon to land in southwestern Taiwan, following typhoon Elsie in 1996, CWA records showed. As of 8pm yesterday, the typhoon’s center was 180km
STILL DANGEROUS: The typhoon was expected to weaken, but it would still maintain its structure, with high winds and heavy rain, the weather agency said One person had died amid heavy winds and rain brought by Typhoon Krathon, while 70 were injured and two people were unaccounted for, the Central Emergency Operation Center said yesterday, while work and classes have been canceled nationwide today for the second day. The Hualien County Fire Department said that a man in his 70s had fallen to his death at about 11am on Tuesday while trimming a tree at his home in Shoufeng Township (壽豐). Meanwhile, the Yunlin County Fire Department received a report of a person falling into the sea at about 1pm on Tuesday, but had to suspend search-and-rescue
RULES BROKEN: The MAC warned Chinese not to say anything that would be harmful to the autonomous status of Taiwan or undermine its sovereignty A Chinese couple accused of disrupting a pro-democracy event in Taipei organized by Hong Kong residents has been deported, the National Immigration Agency said in a statement yesterday afternoon. A Chinese man, surnamed Yao (姚), and his wife were escorted by immigration officials to Taiwan Taoyuan International Airport, where they boarded a flight to China before noon yesterday, the agency said. The agency said that it had annulled the couple’s entry permits, citing alleged contraventions of the Regulations Governing the Approval of Entry of People of the Mainland Area into the Taiwan Area (大陸地區人民進入台灣地區許可辦法). The couple applied to visit a family member in
CELEBRATION: The PRC turned 75 on Oct. 1, but the Republic of China is older. The PRC could never be the homeland of the people of the ROC, Lai said The People’s Republic of China (PRC) could not be the “motherland” of the people of the Republic of China (ROC), President William Lai (賴清德) said yesterday. Lai made the remarks in a speech at a Double Ten National Day gala in Taipei, which is part of National Day celebrations that are to culminate in a fireworks display in Yunlin County on Thursday night next week. Lai wished the country a happy birthday and called on attendees to enjoy the performances and activities while keeping in mind that the ROC is a sovereign and independent nation. He appealed for everyone to always love their
RSS