Court-martials during the Martial Law era were a “system of suppression” through which authorities violated human rights and freedoms, and through which the president could decide who lived or died, the Transitional Justice Commission said on Sunday in a new report.
Citing its research into the period, the commission said then-president Chiang Kai-shek (蔣介石) had the power to review the rulings of all military tribunals — which were also used to try even civilians during that period — making him no different from an authoritarian dictator.
The 1931 ROC Political Tutelage Period Act (中華民國訓政時期約法) stipulated that the Chinese Nationalist Party (KMT) would lead the government and the military, and was applied to Taiwan after the Republic of China took control of it and its outlying islands in 1945.
In 1948, the National Assembly implemented the Temporary Provisions Effective During the Period of Communist Rebellion (動員戡亂時期臨時條款), and in May 1949 imposed martial law on Taiwan and the outlying islands, which was not lifted until July 15, 1987, by then-president Chiang Ching-kuo (蔣經國), although not in Kinmen and Lienchiang counties until 1992.
The provisions remained in place they were redacted by then-president Lee Teng-hui (李登輝) in 1991.
The Executive Yuan repeatedly said during the Martial Law era that the judiciary and military courts would handle different cases, with the latter retaining the power to rule on criminal cases, the report said.
The report cites the case of Lin Pang-chun (林邦均), who was arrested with two others on charges of financial crime in 1950, and sentenced to three to 10 years in prison, but Chiang Kai-shek later reviewed their case and sentenced all three to death.
In 1975, the Executive Yuan requested that those accused of contravening the Criminal Code, the Criminal Code of the Armed Forces (陸海空軍刑法) or the Act for the Control and Punishment of Banditry (懲治盜匪條例), and whose cases concerned national security or the military, have their cases reviewed directly by it, which would then transfer the cases to a military court for rulings, the report said.
Some victims of political persecution had their cases reviewed by senior military officers even though they were not in the armed forces, the report said.
Independent rulings were impossible under martial rule given the ultimate power that the president and senior military officers had over court rulings, it said.
Another case cited in the report is that of Changhua monk Kao Chih-te (高執德) and two others who were sentenced in 1954 to 12 years in prison for harboring communists, but were later executed after Chiang Kai-shek reviewed their case.
“Chiang [Kai-shek] ordered that he retain control of the outcome of military trials, a violation of the constitutional principle of the separation of powers,” the report said.
A survey of young Taiwanese showed that only 36.5 percent of men and 19.6 percent of women believe marriage is important, a trend that academics say is key to the nation’s low birthrate. Yang Wen-shan (楊文山), an adjunct research fellow at Academia Sinica’s Institute of Sociology, yesterday announced the 12th round of results from a longitudinal survey of attitudes among young Taiwanese toward markers of adulthood. While few of the respondents, who were aged 28 to 32 when surveyed in 2017, found marriage to be important, 95.8 percent believed that being responsible for oneself should take precedence, data showed. Economic independence came in
SHRINKING FEMALE POPULATION: Last year, 107.74 boys were born for every 100 girls in Taiwan, which is a greater gender imbalance than in Japan and South Korea The Ministry of the Interior recorded 9,601 births in January, the first time the nation has produced fewer than 10,000 newborns in a single month, while different indicators showed that Taiwan might also be facing a population with increasingly fewer births, women and marriages. It comes after the ministry reported a record low 165,249 births last year, which was lower than the 173,156 deaths recorded last year. The nation experienced negative population growth for the first time last year, ministry data found. The number of births in January also dropped from a year earlier, when there were 12,510 births. In February, there were
The Hualien District Prosecutors’ Office has listed six people as suspects in a judicial investigation into a fatal train crash on Friday last week. Fifty people were killed and more than 200 were injured when the Taroko Express No. 408 train slammed into a crane truck that had slid onto the tracks near the entrance of Cingshuei Tunnel (清水隧道) in Hualien’s Sioulin Township (秀林). The office also summoned six officials at the Taiwan Railways Administration’s (TRA) Hualien Engineering Section for questioning about alleged illegal business operations and unsafe work conditions by Yi Hsiang Industry Co and Tung Hsin Construction Co, the two
KEEPING FOCUSED: Premier Su Tseng-chang was said to have commended Minister of Transportation and Communications Lin Chia-lung, but said the tragedy takes priority Minister of Transportation and Communications Lin Chia-lung (林佳龍) has submitted a verbal resignation in the wake of the Taroko Express No. 408 train crash two days ago, Executive Yuan spokesman Lo Ping-cheng (羅秉成) said yesterday. In a call, Lin told Premier Su Tseng-chang (蘇貞昌) that he wished to step down, to take responsibility for the deadliest accident involving a Taiwan Railways Administration (TRA) train in 40 years. As of press time last night, the Hualien District Prosecutors’ Office had revised the death toll from 51, which had been reported on the previous day, to 50, after DNA testing showed that what had
RSS