The Council of Grand Justices said in a report yesterday that individuals who are wrongfully detained by military prosecutors could apply for compensation.
The Law of Compensation for Wrongful Detentions and Executions (
However, the Council of Grand Justices said yesterday in a constitutional interpretation summary report that those who are wrongfully detained by the military or families of victims of wrongful executions by military courts could apply to receive compensation.
The council said military law does not regulate compensation and that, in a democracy, people should have the right to ask for it.
A number of compensation applications are expected to be filed following yesterday's constitutional interpretation.
The council added in the summary report that a military officer surnamed Chen was detained by a military court in 2000 for 316 days for his involvement in a corruption scandal. However, the Taiwan High Military Court later found Chen innocent.
Chen filed a compensation suit over the wrongful detention, but the suit was rejected.
Chen then filed for the constitutional interpretation.
The summary report also mentioned another case in which a commissioned officer surnamed Lee was suspected of using drugs and was sent to drug rehabilitation center for one year.
But in 2005, a military court ruled that the drug-testing procedure had been flawed in Lee's case and ruled he had not used drugs.
Lee filed a suit with the Council of Grand Justices after the military court declined to offer him any compensation.
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