Under criticism for suggesting President Ma Ying-jeou (馬英九) commute sentences of prisoners to mark the 70th anniversary of the end of the Second Sino-Japanese War, Chinese Nationalist Party (KMT) Legislator Lu Hsueh-chang (呂學樟) yesterday said that his remarks were a suggestion of how to address the issue of overcrowding in prisons.
Lu reportedly made the comments on Wednesday night during a dinner attended by Ma, KMT lawmakers and senior party members at the Presidential Office Building to commemorate victory in the war of resistance against Japan.
He said his proposal could help relieve the overcrowding problem in prisons by granting commutations of sentence to those who are incarcerated for petty and minor criminal acts.
“The key reason why I proposed relieving some prisoners of their sentences is because of the prison overcrowding problem, particularly at a time when the prison situation is quite unstable [due to the Kaohsiung Prison hostage drama in February],” Lu said, adding that it “has nothing to do with the 70th anniversary of the end of the war against Japan, which just happens to be this year.”
Ma invited KMT lawmakers to a dinner on Wednesday at the Presidential Office Building, following a dinner held on Monday. Among the guests were Legislative Speaker Wang Jin-pyng (王金平), New Taipei City Mayor and KMT Chairman Eric Chu (朱立倫) and Premier Mao Chi-kuo (毛治國).
Lu reportedly said on Wednesday that he had made a suggestion to Ma, calling for “nationwide commutations of sentence, on the condition that they would not affect public security,” to those who ended up behind bars for minor and petty crimes.
It was said that Ma responded to Lu’s proposal positively, saying that as the president is bestowed with the power to grant amnesty, general pardon, reinstatement of reputation and commutation, and as he is familiar with the required processes as a former minister of justice, that he would “ask the Ministry of Justice to consider the case and the Executive Yuan to deal with it.”
Judicial Reform Foundation executive director Kao Jung-chih (高榮志) said the apparent reason — the commemoration of the Second Sino-Japanese War — for the commutation is “hilarious” and makes one wonder whether the real reason revolves around next year’s elections.
Kao also questioned the proposed commutation, saying that Lu has little understanding of criminal policy, given that to solve the overcrowding problem, the management of long-term inmates is the most important issue.
KMT caucus deputy whip Liao Kuo-tung (廖國棟) said that if former president Chen Shui-bian (陳水扁) were still in prison, the commutation might be controversial, but as Chen is on medical parole, many believe it is a good time to push for commutation.
Democratic Progressive Party (DPP) lawmakers voiced differing opinions on the issue.
DPP Legislator Wu Yi-chen (吳宜臻) said that according to past commutations, the rate of recidivism of the released prisoners had been high, especially among those with short sentences, adding that the proposal lacks the power to educate and enlighten, let alone to solve the prison overcrowding problem.
Stressing that commutation should be weighed on the basis of each prisoner’s respective circumstances and that the risk of recidivism should be carefully studied, Wu said the proposal would only expose the government’s irresponsibility if it fails to realize “restorative justice,” which would provoke public anger.
DPP Legislator Huang Wei-che (黃偉哲) said that the move would likely make people surmise that it is linked to the elections, or that Ma might benefit from it after he leaves office next year.
DPP caucus whip Ker Chien-ming (柯建銘), who once advised Chen to grant commutations during the DPP administration, said that he agrees with the direction of the proposal, but added that it would have to be efficient and professionally carried out, otherwise it might create instability among prisoners.
Asked about Lu’s proposal, Presidential Office spokesperson Charles Chen (陳以信) said that Ma has always been attentive and responsive to the legislators’ advice.
Additional Reporting by Alison Hsiao
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