Demand Police Hand Over Evidence "According to the Law"! - Affirming the Administrative Court's Ruling on Evidence Preservation and Warning Police Not to Destroy Evidence and Violate the Law Press Conference

The Taipei District Court Administrative Court ruled today (April 11) to approve the application for evidence preservation filed by applicant Lin Ming-hui. The pro bono legal team expresses its deep affirmation and urges the police not to destroy or conceal evidence:

1. Affirming the ruling by the Taipei District Court Administrative Court:

1. Teacher Lin Ming-hui suffered state violence, leaving her covered in blood and shocking the entire nation. The fact that she was a victim is clear, but after being beaten, she experienced dizziness and relied on the court to assist in preserving evidence to help restore the truth and the sequence of events.
2. Both the applicant and the pro bono legal team affirm the Taipei District Court Administrative Court for taking on its responsibilities with courage and lawfully approving the ruling for evidence preservation.
3. We further affirm that the court specifically pointed out: The purpose of evidence preservation is to ensure that evidence is not destroyed or rendered difficult to use in the future, not to make it publicly viewable or known to unspecified persons, and it does not run afoul of "non-disclosure of ongoing investigations." In short, evidence preservation and the non-disclosure of investigations do not conflict, and the police can no longer stretch the rule infinitely or make unreasonable excuses!

2. Warning civil servants and the police to hand over evidence and not to break the law:

1. Article 165 of the Criminal Code regarding the "Offence of Destruction of Evidence" carries a maximum penalty of 2 years of imprisonment. Furthermore, if committed by a civil servant, the penalty may be increased by up to one-half pursuant to Article 134 of the Criminal Code.
2. Therefore, we specifically call upon civil servants and police officers who hold relevant video and surveillance footage not to break the law by deleting, overwriting, concealing, or destroying evidence, lest they commit criminal offenses.
3. If frontline police officers are pressured by superior officers to delete, overwrite, conceal, or destroy evidence, such orders constitute "unlawful commands," and frontline police officers must strictly refuse them and seek appropriate channels to report the matter.

Attendees

Attorneys Yu Po-hsiang, Li Hsuan-yi, Ku Li-hsiung (Counsel for Teacher Lin Ming-hui)
Pro bono legal team members including Attorneys Tseng Wei-kai, Huang Kuo-cheng, Wang Chan-hsing

Press Contacts

Attorney Yu Po-hsiang, Attorney Li Hsuan-yi