The Taiwan High Court yesterday upheld the “not guilty” verdict for the 22 defendants who occupied the Legislative Yuan during a protest in 2014, saying they were exercising their right to political dissent and freedom of speech.
The 22 were first acquitted in March last year and public prosecutors are unlikely to appeal yesterday’s decision in accordance with the Criminal Speedy Trial Act (刑事妥速審判法) of 2010.
The defendants and other protesters stormed the legislature on March 18, 2014, and occupied the legislative chamber for almost 23 days in what became known as the Sunflower movement.
Photo: Liu Hsin-de, Taipei Times
The defendants included members of different activist groups, such as Lin Fei-fan (林飛帆), Chen Wei-ting (陳為廷), Huang Kuo-chang (黃國昌), Tsay Ting-kuei (蔡丁貴) and Wei Yang (魏揚). While the Taipei District Court acquitted the group on charges of “civil disobedience,” the High Court based its decision on the protection of freedom of speech and right to dissenting views.
Reading the court’s ruling, High Court spokesman Chiu Chung-yi (邱忠義) said that the defendants acted in response to Chinese Nationalist Party (KMT) Legislator Chang Ching-chung (張慶忠) and other KMT lawmakers’ rush to pass the cross-strait service trade agreement draft bill through a legislative subcommittee without following proper procedures.
The defendants’ action “did not cause any clear and immediate danger,” Chou said, adding that according to Council of Grand Justices’ Interpretation No. 455, the defendants should be given protection under freedom of speech, for which they should not be oppressed or punished in the aftermath of their undertaken acts.
The High Court determined that the group was “urging other protesters to enter the legislature together as a group to express their discontent and opposition to the cross-strait agreement.”
“They were not maligning and vilifying indiscriminately, nor did they incite the crowd to commit acts of violence against the government,” the ruling said.
“At that time, the draft bill was headed for a vote in the legislature within three days. The defendants decided that occupying the legislature was their only recourse, as they perceived there was insufficient time and no other effective way to block the draft bill,” it said.
“That people can express contrary opinions on public affairs issues demonstrates the freedom of expression that Taiwan’s society has fought to earn through very difficult circumstances,” it said.
“The acquittal proves that the cross-strait agreement had done grave harm to our constitutional democracy. We are not guilty, but the real guilty ones are [then-president] Ma Ying-jeou (馬英九) and his government, and KMT Legislator Chang Ching-chung, who tried to ram the draft bill through by using illegal and unconstitutional means,” said Huang, now New Power Party executive chairman.
Chen said the ruling serves as a message to Chinese President Xi Jinping (習近平) “that you could be an emperor and extend your rule indefinitely, but Taiwan is a democratic nation.”
“Xi should not infringe on Taiwan’s territory, because Taiwanese will rise and fight, and our democracy and the judiciary will protect the public’s rights,” Chen said.
WHEELING AND DEALING? Hou You-yi, Ko Wen-je, Eric Chu and Ma Ying-jeou are under investigation for allegedly offering bribes for the other side to drop out of the race Taipei prosecutors have started an investigation into allegations that four top politicians involved in attempts to form a “blue-white” presidential ticket have contravened election regulations. Listed as defendants are Chinese Nationalist Party (KMT) presidential candidate and New Taipei City Mayor Hou You-yi (侯友宜), KMT Chairman Eric Chu (朱立倫), former president Ma Ying-jeou (馬英九) of the KMT and Taiwan People’s Party (TPP) Chairman and presidential candidate Ko Wen-je (柯文哲). The case stemmed from judicial complaints filed last month with the Taipei District Prosecutors’ Office alleging that the KMT (blue) and the TPP (white) had engaged in bribery by offering money or other enticements
EXPOSED: Some Taipei wardens reported joining the trips out of peer pressure, while others said they were relieved it was made public so they could refuse, a city councilor said Nearly 30 percent of Taipei borough wardens have joined group tours to China that were partially funded by the Chinese government, leading prosecutors probing potential Chinese interference in January’s elections to question local officials, an investigation showed. Democratic Progressive Party Taipei City councilors Chien Shu-pei (簡舒培) and Chen E-jun (陳怡君) have reported cases of Taipei borough wardens inviting residents to join inexpensive privately organized group tours to China that were partially funded by the Chinese government. The six-day trips reportedly cost NT$10,000 to NT$15,000, the councilors said. An investigation by the Liberty Times (the Taipei Times’ sister newspaper) showed that nearly 30 percent
ELIGIBLE FOR JANUARY: All presidential candidates and their running mates meet the requirements to run for office, and none hold dual citizenship, the CEC said Taiwan People’s Party (TPP) Legislator and vice presidential candidate Cynthia Wu (吳欣盈) is working with the Central Election Commission (CEC) to resolve issues with her financial disclosure statement, a spokesman for the candidate said yesterday, after the commission published the statements of all three presidential candidates and their running mates, while confirming their eligibility to run in the Jan. 13 election. Wu’s office spokesman, Chen Yu-cheng (陳宥丞), said the candidate encountered unforeseen difficulties disclosing her husband’s finances due to being suddenly thrust into the campaign. She is also the first vice presidential nominee to have a foreign spouse, complicating the reporting of
GOOD NEWS: Although open civic spaces are shrinking in Asia-Pacific countries and territories, Taiwan’s openness is a positive sign, an expert said Taiwan remains the only country in Asia with an “open” civic space for the fifth consecutive year, the Civicus Monitor said in a report released yesterday. The People Power Under Attack 2023 report named Taiwan as one of only 37 open countries or territories out of 198 globally, and the only one in Asia. Compiled by Civicus — a global alliance of civil society organizations dedicated to bolstering civil action — the ranking compiled annually since 2017 measures the state of freedom of association, peaceful assembly and expression around the world. Researchers assign each country or territory one of five rankings describing the
RSS