Adhering to Constitutional and Rule of Law Principles is the Right Path: Statement on the Taipei District Prosecutors Office Indictment of Huang Shih-ming

The core of the "rule of law principle" is the "prohibition of the abuse of state power," specifically that it must not cross the red lines of the "democratic principle" and the "principle of basic rights protection." This is why, even in the prosecution and trial of "crimes," prosecutors and courts must still be bound by strict "due process of law" enshrined in the Constitution and laws. The investigation of "administrative illegality" is naturally no exception. Prosecutor-General Huang Shih-ming's act of handing over information and wiretap transcripts obtained during a case investigation to a third party was a clear violation of the Criminal Code and the Communication Security and Surveillance Act. Therefore, the Taipei District Prosecutors Office's decision to indict Prosecutor-General Huang Shih-ming is a correct legal decision.

We particularly note that the press release of the indictment by the Taipei District Prosecutors Office points out several key points: (1) "The protection of people's basic rights to the freedom of private communication by the Communication Security and Surveillance Act takes precedence over national security"; (2) the acts of lobbying involving the legislator and the legislative speaker in this case are personal matters and do not constitute a constitutional dispute; (3) the act of lobbying involving the legislator should be handled by the legislature and is not within the president's authority; (4) the duty of loyalty for civil servants is to "strictly abide by laws and regulations and be loyal to the country, rather than being loyal to an individual"; and most importantly, (5) Prosecutor-General Huang's actions, which exceeded his authority, responsibilities, and institutional norms, "may lead to the resurgence of authoritarianism and undermine democracy and the rule of law." The ability of the Taipei District Prosecutors Office in this case to recognize the harm of the "resurgence of authoritarianism" and uphold the values of "democracy, the rule of law, and human rights" gives us a glimmer of confidence in the judiciary.

However, we must still point out the questionable aspects of the indictment press release. First, how the necessity of wiretapping Ko Chien-ming was derived from the Ch'en Jung-ho case was not clearly explained, and the investigation appears to be incomplete. Second, the statement about "placing the head of state in an unrighteous position" is both unnecessary and inappropriate; it not only casts a shadow over the handling of this case as assisting Ma Ying-jeou in "cutting off his tail to survive," but further damages the already fragile impartiality of the prosecutorial system. According to the facts confirmed by the press release itself, President Ma proactively passed the contents of Prosecutor-General Huang's report to Chiang and Lo, and the next day proactively called Prosecutor-General Huang to request a supplementary report on new information. At the time, none of this information was "public," and its confidential nature remained unchanged. Therefore, President Ma's two actions still run the risk of constituting the offense of divulging official secrets.

Finally, we believe that the decision of the Taipei District Prosecutors Office to indict Prosecutor-General Huang Shih-ming prevented the escalation of a constitutional crisis, which is commendable. At the same time, we call once again for the legislature to launch an investigation into the acts of judicial lobbying involving Wang and Ko to implement parliamentary self-discipline, and to hold Ma Ying-jeou accountable for his constitutional responsibilities. President Ma should publicly admit his mistake of exceeding the constitutional system, take responsibility, and return the country to the right constitutional track.

Co-initiating Organizations

Taiwan Association for Human Rights Vigilance
Taiwan Labor Front
Black Island Nation Youth Front
Society Without Walls (Hsia Shu)
Taiwan Association for Human Rights
Taiwan Association for Truth and Reconciliation
Cross-Strait Agreements Oversight Coalition
Covenants Watch
Citizen's Congress Watch
Taiwan Judicial Reform Foundation