The Control Yuan yesterday called for the expungement of a conviction for illegal hunting against Tama Talum, a Bunun man who was last year pardoned by President Tsai Ing-wen (蔡英文) after the charges were deemed “partly unconstitutional.”
Despite the pardon, “justice has not been served” for Tama Talum, who is also known as Wang Kuang-lu (王光祿) in Chinese, Control Yuan Member Wang Mei-yu (王美玉) said in a press release.
Tama Talum was in 2015 sentenced to three-and-a-half years in prison for using an illegal rifle and killing protected species without permission, but the Council of Grand Justices (now the Constitutional Court) later deemed the verdict partly unconstitutional, resulting in the case being referred back to the Supreme Court.
Photo: CNA
Tama Talum avoided prison after Tsai pardoned him “out of respect for indigenous people’s traditions,” amid fierce criticism of the rules governing indigenous peoples’ hunting rights.
Wang Mei-yu, who in 2015 initiated an investigation into the case following a public outcry over the verdict, recently published a report suggesting that the Control Yuan petition the prosecutor-general to pursue an extraordinary appeal to overturn Tama Talum’s criminal conviction.
The Control Yuan endorsed the report after a meeting of its Committee on Judicial and Prison Administration Affairs, and to communicate with the Ministry of Justice to facilitate an extraordinary appeal by the prosecutor-general, Wang Mei-yu said.
Tama Talum’s conviction indicated that the judicial system failed to recognize indigenous peoples’ constitutionally protected rights to practice hunting culture, she said.
The investigation exposed long-standing issues involving “inadequate” legal protections for indigenous peoples’ hunting rights and regulations of hunting weapons, she said.
Wang Mei-yu said similar issues had long been a source of friction between indigenous communities and other Taiwanese, adding that the verdict would exacerbate such conflicts if it is not overridden.
Reasserting that hunting is a cultural right of indigenous hunters, the Council of Grand Justices handed down a mixed ruling in Tama Talum’s case.
The court reaffirmed the constitutionality of requiring indigenous people to use only traditional, “self-made” firearms, but ordered the legislature to revise the rules that define such guns.
Meanwhile, the court also found that requiring indigenous people to apply for permission before hunting was constitutional, but nullified a series of administrative regulations requiring hunters to apply at least five days in advance of “non-regular” hunts and to list the species and number of animals they are planning to kill in advance.
To date, the laws and regulations deemed unconstitutional have not been amended, but the Council of Agriculture and other government agencies have held discussions on possible revisions.
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