Please Stand with the People, Judges! ~ Press Conference on "State Violence: Judges, Please Preserve the Evidence First"

In the early hours of March 24, citizens and students inside and outside the Executive Yuan were forcibly dispersed by the police, leading to bloody clashes. Police and investigative units have been relentlessly summoning students, interviewing citizens, and even making aggressive motions for detention, actively pursuing the actions of those who rushed into the Executive Yuan. In contrast, photos and footage showing citizens with bloodied heads have continuously emerged, proving that the officers, commanders, and those who gave the orders at the scene must bear relevant responsibility.

As time ticks away, we worry that evidence such as on-site videos and surveillance footage will be deleted. Since the police and investigative units cannot be relied upon, we have no choice but to apply to the court for the preservation of evidence, hoping that judges will stand with the people:

1. Applying for the Preservation of Evidence Pursuant to the Code of Administrative Procedure:

1. Teacher Lin Ming-hui and Dr. Wang Hsin-kai were subjected to state violence. The former was covered in blood and the latter even collapsed to the ground. After their photos and footage were exposed and reported, the nation was shocked. The facts of their victimization are clear, but Teacher Lin suffered dizziness after being beaten, and Dr. Wang even fell unconscious. Neither could identify their assailants, and they must rely on the court for assistance.
2. Therefore, Teacher Lin and Dr. Wang have respectively retained pro bono lawyers as their litigation agents to claim damages from the state, and are applying to the court for the preservation of evidence in accordance with the relevant provisions of the Code of Administrative Procedure.

2. Warning Public Servants and Police Not to Test the Law:

1. Article 165 of the Criminal Code ("Crime of Spoliation of Evidence") carries a maximum penalty of 2 years of imprisonment. Furthermore, if committed by a public servant, the penalty may be increased by one-half pursuant to Article 134 of the Criminal Code.
2. Therefore, we specifically call upon frontline public servants and police officers who hold relevant video and surveillance footage not to test the law by deleting, overwriting, concealing, or destroying evidence, lest they incur criminal liability.

Attendees

Kuo Li-hsiung, Attorney Liu Chi-wei (Litigation agents for Teacher Lin Ming-hui)
Attorney Huang Ti-ying (Litigation agent for Dr. Wang Hsin-kai)
Members of the pro bono legal team including Attorneys Yu Po-hsiang, Yu Tsung-wu, and Huang Kuo-cheng
Kao Jung-chih, CEO of the Judicial Reform Foundation

Press Contact

Attorney Kao Jung-chih 02-2523-1178