Infringement of Parties' Right to Procedural Participation Tarnishes Evaluation: JRF Statement on the Prosecutors Evaluation Commission's Deliberation of the Huang Shih-ming and Other Cases

Regarding the Special Investigation Division's allegations that Taiwan High Prosecutors Office Chief Prosecutor Ch'en Shou-huang was involved in improper lobbying, that Prosecutor Lin Hsiu-t'ao accepted improper lobbying, and that Prosecutor-General Huang Shih-ming and Special Investigation Division prosecutors engaged in illegal abuse of power, our Foundation filed a request for evaluation with the Prosecutors Evaluation Commission on September 27. In response to the Commission's refusal to allow our Executive Committee member, Professor Huang Kuo-ch'ang, to participate in the proceedings during its questioning sessions on November 3 and 10, we issue the following statement:

1. Our Foundation formally submitted an application for procedural participation to the Prosecutors Evaluation Commission on November 3. To date, the Commission has refused to respond. We urge the Commission to reply immediately and refrain from delaying on pretexts.
2. As the party requesting the evaluation in this case, the Judicial Reform Foundation possesses the status and authority to participate in the proceedings, including being present during questioning and stating opinions. This is a matter of course under due process of law. The Prosecutors Evaluation Commission's erroneous citation of Article 41 of the Judges Act to deny our presence severely deprives our Foundation of its rights as a party to the case.
3. During the legislative process of the Judges Act, the Judicial Yuan and the Ministry of Justice opposed direct requests for evaluation by the public on grounds of fearing frivolous cases, ultimately reaching a compromise where public interest groups recognized (screened) by the competent authority could submit requests. The current approach by the Prosecutors Evaluation Commission, which blatantly deprives public interest groups of participation in the evaluation procedure, de facto raises the threshold for citizens to request prosecutor evaluations. Our Foundation expresses deep regret over this.