Liberty Times (LT): Can you detail the steps toward judicial and legal reform the Ministry of Justice has taken since you assumed the role of minister about a year ago?
Tsai Ching-hsiang (蔡清祥): After I assumed office, I asked my colleagues to be passionate and have a sense of purpose regarding their work, and to respond positively to the public’s expectations. My standards for moral integrity are also incredibly strict.
To improve the quality of case work and pass on experience, I proposed the idea that [prosecutors] should first have second-trial experience before returning to the first-trial court to be promoted to lead prosecutor.
Photo: Wu Cheng-feng, Taipei Times
As a result, the practice of transferring first-trial prosecutors to the second-trial court was restored in the hope that after two years of second-trial experience, they would return to the first-trial court to be promoted to lead prosecutor. Henceforth, rotations between the first and second trials will become commonplace, and there will be no such thing as promotions. This is a huge step in personnel reform.
Drunk-driving cases where a person is killed continue to happen. The government must take action and declare its determination to the society. It amended the law to give the strictest punishment. Although in the end the Legislative Yuan did not pass [the amendments to treat such cases] as “homicide of uncertain intent,” penalties for repeat [driving under the influence] offenders who cause the death of another person have been toughened; they can be sentenced to a maximum of life in prison.
To address the frequent reports of child abuse, the Ministry of Justice has also proposed draft amendments to increase the penalties for child abusers.
To encourage and protect people who report corruption, the Ministry of Justice completed a draft whistler-blower protection act that covers the public and private sectors. With “good protection, heavy penalties” as its principle, the draft act has already passed a review by the Executive Yuan and is in the process of being sent to the Legislative Yuan for review.
In the past few years, there have been multiple incidents where the accused in a major case has escaped after being released on bail, severely damaging the judiciary’s authority. Legislative amendments have been passed to allow prosecutors or judges to order bailed defendants to wear electronic ankle monitors, stopping escapes from happening by strictly monitoring them using technology.
LT: Previously, the Ministry of Justice seldom participated in international affairs, but over the past year it seems to have been very active on that front. What are your thoughts on international judicial cooperation?
Tsai: I believe international judicial cooperation can, when the diplomatic situation is difficult, help achieve a breakthrough, because no country should be opposed to cooperating to fight transnational crime.
After I took on the role of minister of justice, Taiwan on Feb. 27 signed an agreement on the transfer of convicted offenders and cooperation in the enforcement of penalties with the Kingdom of Eswatini. This was the first agreement on the transnational transfer of convicted offenders signed between Taiwan and an African nation. Soon, Taiwan is also to sign a mutual legal assistance treaty [MLAT] with a South Pacific ally.
The Ministry of Justice has also negotiated an MLAT with Poland that was signed by the two nation’s diplomatic representatives at the Ministry of Foreign Affairs on June 17. This was the first wide-ranging MLAT signed between Taiwan and an EU member state. Soon afterward, another northern European country also signed an agreement with the Ministry of Justice on the transfer of convicted offenders.
LT: Can you explain how foreign interference in next year’s elections through the use of fake news might be prevented?
Tsai: The public is not sufficiently well informed about the threat posed by fake news from outside the country aimed at causing social disturbance and interference with the elections. Many recklessly repost news stories without checking their accuracy, thereby becoming intermediaries of fake news themselves.
Preventing fake news, or other methods of interference, from affecting the elections will require us to first understand the techniques that are normally used. For example, fake news stories tend to rely on content farming and posts made to Facebook forums. When people click “like” on fake news stories or repost them, it has a stratospheric effect on their impact. When these stories are shared in closed Line groups their proliferation grows to critical proportions.
Foreign forces use certain groups in Taiwan, attracting people by offering them free travel to China, airport pickups and other things to help candidates buy votes. They also directly or indirectly use Taiwanese businesspeople in China to offer financial support to certain political parties, political groups and candidates.
For this reason, the Ministry of Justice has already established a command center to investigate incidents of bribery. Before the elections it will trace sources of funding, strengthen efforts to root out underground money transfers, intensify public awareness campaigns and carry out other related work.
LT: The numerous arrests of Chinese spies in the past few years make it appear as if Beijing is ramping up efforts to infiltrate Taiwan. What actions are being taken to stop this infiltration?
Tsai: The Investigation Bureau has prosecuted a number of people in cases related to infiltration by foreign forces in recent years. Based on my legal experience, I would say the cases we have tried involving communist spies are just the tip of the iceberg. There are likely many more criminals still in hiding.
The number of cross-strait interactions is constantly increasing, and as a result, people have become less aware of the enemy. In the face of the Chinese Communist Party’s innumerable “united front” efforts, people have let their guard down.
The communists are constantly changing their tactics, such as their decision that “to buy Taiwan is better than to fight Taiwan.” They have been throwing money at temples, rural villages, Internet celebrities and civic groups.
For the past several years China has been taking advantage of its national strength and large wealth, employing people to infiltrate Taiwan under the guise of investment, research, study or media interviews. While they are here they establish footholds for intelligence gathering and infiltration.
The Investigation Bureau will continue to strengthen its efforts, to combat infiltration and collaborate with national security officials on investigation. They will work to prevent infiltration by spies and to protect national security.
Translated by staff writers Sherry Hsiao and William Hetherington
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