Endless Human Rights Crimes of Lo Ying-hsueh: Press Conference Demanding the Indefinite Removal of the Black-Hearted Minister

A few days ago (December 3), multiple human rights organizations issued a joint statement sternly demanding that Minister of Justice Luo Ying-shay step down to take responsibility for her countless human rights violations. The following day, two op-eds explicitly pointed out that Minister Luo should not remain in office. However, the cabinet lineup announced last Friday (December 5) by the Mao Chi-kuo Cabinet completely disregarded the opinions of all parties and insisted on nominating Luo Ying-shay to continue as Minister of Justice, severely deviating from the public's expectations.

On the eve of taking office as Minister of Justice, Minister Luo frequently commented on pending cases. Her numerous actions during her tenure have gravely undermined the development of human rights in Taiwan, rendering her entirely unfit to serve as Minister of Justice. Today (December 8), several human rights organizations gathered in front of the Ministry of Justice to enumerate Minister Luo’s offenses, urging her to recognize her failures and step down.

Terminal Homophobia Beyond Remedy

In order to domesticate the two UN human rights covenants, the Ministry of Justice drafted the "Fundamental Human Rights Protection Act" as early as 2001, explicitly stating that same-sex couples may legally form families and adopt children, but it ultimately came to nothing. After President Ma Ying-jeou took office in 2008, Taiwan officially ratified the two UN covenants and took great pains to invite international human rights experts to review Taiwan's national reports on human rights. In March 2013, the international human rights experts reviewing the two covenants clearly directed Taiwan to amend the Civil Code to protect the right of cohabiting partners and same-sex couples to form families.

In June 2014, during the second review of the national report under CEDAW (the Convention on the Elimination of All Forms of Discrimination Against Women), the international human rights experts similarly concluded that the Civil Code should be amended to protect diverse family structures. However, the Ministry of Justice has consistently ignored the binding nature of the international experts' review conclusions. Faced with this critical human rights legislation on marriage equality, the Ministry of Justice has only resorted to excuses, claiming that "legal amendments should build social consensus" and "rushing amendments would cause too great a shock to society." It has completely disregarded the foundational spirit of national laws to protect minorities and the disadvantaged, and has even reneged on its word by refusing to propose a counter-draft for marriage equality, deliberately stalling LGBT human rights. As Minister of Justice, Luo Ying-shay's homophobia is terminally incurable.

Failure to Decriminalize Adultery: Feigned Neutrality and Ostrich Politics

While the offense of adultery ostensibly punishes both men and women, in practice it disproportionately disadvantages women. Moreover, using criminal punishment to enforce marital fidelity is not only unnecessary, but it also fails to achieve its purpose and wastes judicial resources. In March 2013, a bill to decriminalize adultery was officially introduced in the Legislative Yuan for the first time, receiving broad support from numerous domestic legal scholars, judges, lawyers, and social movement groups. International experts who came to Taiwan to review the implementation of the two covenants also pointed out that the crime of adultery in the Criminal Code of the Republic of China violates gender equality and infringes upon sexual autonomy.

However, rather than confronting the substantive harm inflicted on women by the crime of adultery and promptly conducting relevant gender impact assessments and discussions on decriminalization, the Ministry of Justice played word games. It deliberately blurred the distinctions among criminal law, civil law, and morality, piecing together specious phrasing while omitting relevant provisions and protections under the current Civil Code to manipulate public opinion polls. It then brandished these poll numbers to assert that "the time is not yet ripe and there is no social consensus." Furthermore, while the subsequent public hearings invited experts and scholars from various fields to express their views, the ministry failed to provide any surveys on the current situation in Taiwan or relevant gender assessments. We reject a Minister of Justice who uses "neutrality" as a pretext and continuously repeats claims about a lack of social consensus.

The Personal Data Protection Act Exists in Name Only: The Ministry of Justice Bears Full Responsibility

The Personal Data Protection Act passed in 2010 was vigorously promoted by the Ministry of Justice; however, numerous opinions from civil society were ignored during the legislative process. Following the passage of the act, the lack of a competent authority led various ministries and agencies to misapply regulations and continually evade government information disclosure. Article 6 of the act, which concerns sensitive personal data, has yet to take effect, leaving citizens' right to privacy in an extended vacuum. Rather than seeking remedies, the Ministry of Justice under Luo Ying-shay's tenure even sought to amend the law to open a backdoor against privacy rights. A Minister of Justice who displays such disregard for privacy should not remain in office.

Interfering in Individual Cases on the Eve of Taking Office: A New Low in Prosecutorial History

The Minister of Justice oversees nationwide prosecutorial administration and determines prosecutorial promotions, wielding absolute influence over prosecutors. Consequently, the minister must never issue directives regarding ongoing investigations, thereby preventing political interference. Yet before even taking office, Minister Luo rushed to build a firewall in the state secret leakage case involving Prosecutor-General Huang Shyh-ming, proclaiming to the public that the defendant lacked criminal intent and setting an unprecedented record of interference in Taiwan's prosecutorial history.

Directing Case Investigations: Political Bullying of Prosecutorial Power

The unified interpretation of laws and regulations is the statutory authority of the Prosecutor-General, whereas the Minister of Justice may only set the direction for justice policy. However, in the wake of the March 18 Sunflower Movement, Minister Luo was eager to pander to higher authorities by commenting extensively on various criminal charges. Not only did she pronounce guilt prior to the conclusion of investigations, but she also severely infringed upon the Prosecutor-General's authority to interpret laws and regulations, serving as the worst example of political directives meddling with prosecutors' handling of cases.

Repeatedly Shielding Huang Shyh-ming: Disgracing the Prosecutorial System

As the highest office in the prosecutorial system, the Prosecutor-General should serve as an exemplar for all prosecutors across the nation. Minister Luo bears the primary responsibility for allowing former Prosecutor-General Huang Shyh-ming to repeatedly tarnish the image of the prosecution. From vigorously shielding him after the leaks scandal erupted, to withholding his resignation letter following the first-instance verdict, and ultimately approving his reassignment to the Supreme Prosecutors Office, her actions have turned the office of the Prosecutor-General into a badge of dishonor, gravely damaging the integrity of the prosecutorial system.

Executing Taiwanese Citizens on Questionable Chinese Evidence: Hasty Capital Executions

Although Luo Ying-shay expressed a desire to abolish the death penalty after taking office, she has been unwilling to present alternative proposals, set a timetable, or take effective measures to communicate with the public. Her only actions were the hasty executions in April of this year of the Du brothers—who had previously been acquitted and were publicly supported by scholars, experts, and civil society groups—and Liu Yan-kuo, who had petitioned the Prosecutor-General for an extraordinary appeal. Luo Ying-shay's hypocrisy—saying one thing while doing another, disregarding procedural justice, and overseeing the two covenants while entirely flouting them—demonstrates that she is manifestly unfit for the office of Minister of Justice.

Stalling Human Rights: Rolling Back the Rule of Law

As the competent authority for the Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, the Ministry of Justice is responsible for promoting and implementing the "Human Rights Steps" program. Having taken over ministerial duties and established government policies from Tseng Yung-fu, Luo Ying-shay could not have been unaware of this responsibility. Yet since Minister Luo took office, the implementation and advancement of the two covenants have been utterly neglected.

The Covenants Watch formally sent an official request to meet with Minister Luo to communicate ideas and opinions regarding follow-up implementation, but Luo flatly refused. Not only has Minister Luo neglected the two covenants, but during her tenure she has continued to advance policies that violate them and infringe upon human rights. These include signing execution warrants for controversial cases despite claiming a desire to abolish the death penalty, refusing to acknowledge that the forced eviction of the Huaguang Community constituted an evident breach of the ICESCR, continuously squeezing residents for so-called "unjust enrichment," and failing to act on deteriorating prison conditions, prison scandals, the decriminalization of adultery, and the legalization of same-sex marriage. Minister Luo has achieved nothing in implementing the two covenants and has instead actively rolled back human rights, violating the rights of disadvantaged groups. Her departure is long overdue.

Should a Minister of Justice who lacks basic literacy in the rule of law, refuses to administer governance according to the law, shows no respect for the fundamental rights of the people, and repeatedly lies be allowed to stay in office? Are we to indulge her continuing to harm the public and violate human rights? We demand that Luo Ying-shay not be reappointed, and that the Cabinet immediately replace her with a Minister of Justice who possesses gender awareness, upholds the rule of law, respects human rights, and is capable of realizing legal equality and justice.

Press Conference Attendees

Secretary-General, Taiwan Alliance to Promote Civil Partnership Rights / Chien Chih-chieh

Executive Director, Taiwan Alliance to Promote Civil Partnership Rights / Victoria Hsu

Executive Director, Taiwan Alliance to End the Death Penalty / Lin Hsin-yi

Executive Director, Judicial Reform Foundation / Kao Jung-chih

Secretary-General, Taiwan Association for Human Rights / Chiu E-ling

Secretary-General, Awakening Foundation / Lin Hsiu-yi

Director, Association of Taiwan Indigenous Peoples' Policies / Falong Sinciang

Executive Secretary, Covenants Watch / Eeling Shih

Media Contact

Executive Secretary, Judicial Reform Foundation / Ting Yu-zheng +886-2-2523-1178 ext. 20