Civil society must take the lead in judicial reform to shore up faith in a fair and just legal system, United Microelectronics Corp founder Robert Tsao (曹興誠) said at an event marking the launch of the Taiwan Civil Liberties Union in Taipei yesterday.
The backlog of cases, bad judgements and poor efficiency that persist in the justice system show that the government’s top-down efforts at judicial reform are more sound and fury than substance, he said.
The new organization — which takes inspiration from the American Civil Liberties Union — was created to consolidate human rights advocacy in Taiwan through a bottom-up social movement, he said.
Photo: Fang Pin-chao, Taipei Times
The low quality and inefficiency of the nation’s judiciary stem from an inappropriate trial structure, overreliance on prosecutorial authority in criminal investigations, criminalization of innocuous activities and lack of accountability of judicial officers, he said.
The Code of Criminal Procedure (刑事訴訟法) gives prosecutors power to appeal the result of a first trial, which renders the district court a toothless institution, Tsao said.
District court judges should be the main arbiters of criminal cases, and should have the power to dismiss meritless prosecutions with prejudice, he said.
Allowing prosecutors to try the same crime repeatedly contravenes Article 17 of the International Covenant on Civil and Political Rights and the double jeopardy principle of common law, while causing paralysis in the justice system, Tsao said.
The investigation and prosecution of crimes should be assigned separately to police and prosecutors according to principles of the division of labor and professionalism, he said.
Prosecutors lack the expertise to conduct investigations, unlike police, who have been trained in forensics and investigative techniques, he said, adding that requiring prosecutors to approve investigations adds red tape.
Many criminal offenses should be redefined as matters more appropriately governed by the Civil Code or legalized entirely, allowing police to focus on preventing and investigating serious crimes, Tsao said.
Libel should be treated as a civil offense to reduce unnecessary trials initiated by politicians that waste prosecutors’ and police resources, he said.
Perversion of justice by judges and prosecutorial abuse are breaches of Article 124 and Article 125 of the Criminal Code, but these laws are rarely invoked due to the reluctance of the justice system to regulate itself, Tsao said.
Entrusting the Ministry of Justice to reform itself was a mistake that stalled progress, and civil liberty advocates should focus on exerting legislative pressure, Tsao said.
The union would provide free legal counsel to the public in cases that concern civil liberties, and it would work with academics and lawmakers to promote positive change, he said.
Three Taiwanese airlines have prohibited passengers from packing Bluetooth earbuds and their charger cases in checked luggage. EVA Air and Uni Air said that Bluetooth earbuds and charger cases are categorized as portable electronic devices, which should be switched off if they are placed in checked luggage based on international aviation safety regulations. They must not be in standby or sleep mode. However, as charging would continue when earbuds are placed in the charger cases, which would contravene international aviation regulations, their cases must be carried as hand luggage, they said. Tigerair Taiwan said that earbud charger cases are equipped
Foreign travelers entering Taiwan on a short layover via Taiwan Taoyuan International Airport are receiving NT$600 gift vouchers from yesterday, the Tourism Administration said, adding that it hopes the incentive would boost tourism consumption at the airport. The program, which allows travelers holding non-Taiwan passports who enter the country during a layover of up to 24 hours to claim a voucher, aims to promote attractions at the airport, the agency said in a statement on Friday. To participate, travelers must sign up on the campaign Web site, the agency said. They can then present their passport and boarding pass for their connecting international
UNILATERAL MOVES: Officials have raised concerns that Beijing could try to exert economic control over Kinmen in a key development plan next year The Civil Aviation Administration (CAA) yesterday said that China has so far failed to provide any information about a new airport expected to open next year that is less than 10km from a Taiwanese airport, raising flight safety concerns. Xiamen Xiangan International Airport is only about 3km at its closest point from the islands in Kinmen County — the scene of on-off fighting during the Cold War — and construction work can be seen and heard clearly from the Taiwan side. In a written statement sent to Reuters, the CAA said that airports close to each other need detailed advanced
UNKNOWN TRAJECTORY: The storm could move in four possible directions, with the fourth option considered the most threatening to Taiwan, meteorologist Lin De-en said A soon-to-be-formed tropical storm east of the Philippines could begin affecting Taiwan on Wednesday next week, the Central Weather Administration (CWA) said yesterday. The storm, to be named Fung-wong (鳳凰), is forecast to approach Taiwan on Tuesday next week and could begin affecting the weather in Taiwan on Wednesday, CWA forecaster Huang En-hung (黃恩鴻) said, adding that its impact might be amplified by the combined effect with the northeast monsoon. As of 2pm yesterday, the system’s center was 2,800km southeast of Oluanbi (鵝鑾鼻). It was moving northwest at 18kph. Meteorologist Lin De-en (林得恩) on Facebook yesterday wrote that the would-be storm is surrounded by
RSS