Judicial reform advocates on the third day of a sit-in protest outside of the Legislative Yuan in Taipei yesterday questioned the stance of senior Democratic Progressive Party (DPP) leaders on the jury system, likening them to China’s leadership.
Judicial Reform Foundation chairman Lin Yung-sung (林永頌) said he asked DPP caucus whip Ker Chien-ming (柯建銘) why the Legislative Yuan did not include a bill to implement a jury system in its agenda for the extraordinary session, but did include a rival proposal for a lay judge system.
Ker said he had not removed the jury system proposal, it was the decision of the party’s top officials, Lin said.
China’s new national security legislation for Hong Kong, in Article 46, excludes the use of a jury system, Lin said.
“Taiwan is a democratic nation, and we expect our government leaders to have the intelligence and courage to adopt the jury system to protect all our citizens. It can highlight the difference between us and authoritarian regimes,” he said.
When he had asked President Tsai Ing-wen (蔡英文) previously about why Taiwan cannot adopt the jury system, she replied: “When there is no judge around, can people really do it [decide on a verdict],” he said
“The thing is, whether it be a jury system or a lay judge system, you have to trust the people,” Lin said.
Attorney Jerry Cheng (鄭文龍), founder of the Taiwan Jury Association, said that China’s exclusion of a jury system showed that autocratic regimes are afraid of it.
“Over the past decades, many leading figures in Taiwan’s democracy movement fought for judicial reform, for implementation of a jury system, so why is the DPP government afraid of democracy in the judicial system,” Cheng said.
“Why is President Tsai taking the same stance as Chinese leader Xi Jinping (習近平) regarding the jury system,” he added.
The DPP’s party charter, drafted by the early leaders of Taiwan’s democracy movement, showed they were aware of the need to have a jury system, he said.
“They knew a jury trial is needed for cases involving sedition charges, or offenses against internal and external security of the state. It is also needed to prosecute government officials for corruption, for breeches of the law during street protests, for impeding police from carrying out their duty and other politically contentious cases,” he said.
“Only jury trials can provide protection for the freedom of speech for political dissidents and regular citizens in such cases,” he said.
“Our alliance has begun a long-term sit-in, to act like the magic mirrors of fairy tales. Our mirror is revealing the monsters and demons active in Taiwan’s political arena. It is showing the politicians who have deceived the public with their promises,” he added.
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