Preventing Eggs from Flying Solo – "A Thousand Lawyers Warn Public Authority Against Illegality" Press Conference

Background

As Haruki Murakami said, "Between a high, solid wall and an egg that breaks against it, I will always stand on the side of the egg." While 250,000 people took to the streets to call for reform and social justice, over a thousand lawyers responded, showing that behind the eggs, we have your back! Nearly a hundred lawyers stepped forward, declaring that we will never let the eggs fly solo!

A Statement by a Group of Lawyers Regarding the Alleged Illegal Arrest of Protesters Recently

Article 1 of the Attorney Regulation Act explicitly states that attorneys have the mission of safeguarding human rights, realizing social justice, and promoting democracy and the rule of law. Therefore, regarding the recent incidents where protesting crowds were allegedly arrested by the police in violation of statutory elements and procedures, we cannot remain indifferent and hereby issue the following statement:

1. The people have the freedom to express their opinions free from fear, which must not be arbitrarily violated by the state.

   The personal liberty and freedom of speech of the people are protected by the Constitution, and the state shall not restrict them unless based on legitimate purposes and within the scope of the principle of proportionality. Such a constitutional mandate should not only be borne in mind by all legal professionals, but should also be fundamentally understood by all citizens in modern society. The basic rights of the people shall be free from all illegal and high-handed treatment by the state apparatus; protecting the people's freedom to express opinions free from fear is an indispensable requirement for a modern democratic state governed by the rule of law.

2. The illegal arrest of protesting citizens will produce an endless and disastrous chilling effect.

   According to media reports, the police recently allegedly arrested protesters—who clearly did not constitute criminal offenses—on trumped-up charges and inflicted bodily injury upon them. This has clearly violated the statutory procedures stipulated in the Code of Criminal Procedure and exceeded the necessary limits of law enforcement. In addition to causing severe damage to the basic rights of the people, it is also likely to generate a chilling effect on the people's freedom of expression, bringing incalculable negative impacts to the state and society.

3. Brutal and excessive law enforcement is effectively violence in the name of the law.

   We condemn such brutal law enforcement behavior and urge front-line police officers, as law enforcers, to bear in mind the protection of people's rights and the maintenance of the spirit of the rule of law. When people's protests do not pose an immediate and clear danger, coercive measures should not be applied in contravention of statutory procedures. Illegal coercive measures not only fail to bring peace, but will also destroy the credibility of the law and law enforcers, for a legal order that cannot convince people with reason is merely violence disguised in legal attire!

   We also demand that the high-ranking officials who issue orders to rank-and-file police officers have the courage to take personal responsibility for the orders they issue, rather than leaving front-line rank-and-file officers to have unnecessary conflicts with the people, or even putting rank-and-file officers at risk of committing criminal offenses due to suspected illegal arrests.

4. Resolutely defending freedom of speech and diverse opinions is the responsibility of all citizens.

   Diverse opinions are the root of innovative thinking and an essential requirement for the sustainable development of society; freedom of speech is the cradle of diverse opinions and a hard-won, precious asset belonging to all Taiwanese people. Historical experience tells us that freedom does not fall from the sky, but is won through struggle. Although people may be constrained by many practical considerations and unable to fully participate in public affairs to express their opinions, when the rule of law, human rights, and diverse opinions—the core values of which Taiwanese society is proud—are crudely trampled upon by the state apparatus, we should not choose to turn a blind eye.

   We call on the public to stand up together, face squarely the problem of the regression of freedom of speech, preserve a glimmer of vitality for the diversity of Taiwanese society, leave the freedom of speech for future generations, and enable tomorrow's Taiwan to remember the grievances voiced by the people today. Supporting the expression of diverse opinions, resolutely defending freedom of speech, and opposing excessive state law enforcement are the glorious missions shouldered by every Taiwanese person and the promises we make to the next generation.

Submitting the Petition of a Thousand Lawyers

Attorny Lin Chih-chung, Chairperson of the Taichung Bar Association, stated: "The online petition website was launched by a group of young, newly admitted lawyers on July 24, 2013, the day after the Dapu forced demolitions and the police arrests of professors and students who came to show support. Unable to tolerate the illegal and abusive acts of public authority this year, which have occurred multiple times and grown increasingly severe, they hoped to initiate an online petition network in the name of lawyers." Attorney Lin Chih-chung, Chairperson of the Taichung Bar Association, believes that: "Lawyers should stand on the front line of safeguarding human rights, realizing social justice, and promoting democracy and the rule of law. Criminal law professors published a petition statement on July 24, and lawyers should step up even more to speak out for the defenseless common people. Therefore, on July 25, we called on members and friendly associations to jointly participate in the petition. Sure enough, in just a single day, the number of lawyers signing the online petition exceeded 500, and in less than 10 days, over a thousand lawyers had signed to oppose the illegality and abuse of public authority. At a time when society is concerned about the Hung Chung-chiu case and spontaneously taking to Ketagalan Boulevard, lawyers, whose sacred duty is to defend human rights, should stand up all the more to speak out for justice and warn public authority against illegality. Today, we specifically traveled north to hold a press conference and submit the petition together with the Judicial Reform Foundation, the Taiwan Association for Human Rights, the Taipei Bar Association Human Rights Committee, and the Covenants Watch."

Social Movement Online Pro Bono Lawyers Community

Attorney Yu Tsung-ming, initiator of the Social Movement Online Pro Bono Lawyers Community, stated: "The existence of this Social Movement Online Pro Bono Lawyers Community stems from the incidents on July 23 where Professor Hsu Shih-jung and others suffered the abuse of state public authority. At the time of the incident, due to a massive demand for pro bono lawyers, I and others were consulted on whether we had time to serve as pro bono accompanying lawyers during police interrogations, which gave birth to this idea.

The Social Movement Online Pro Bono Lawyers Community was jointly initiated by Attorney Chou Yu-hsiu and me. We believe that there are two kinds of people in this society who are most in need of legal assistance: those without money, and those whose situations are too sudden to request legal assistance. Therefore, while participating in the petition initiated by the Taichung Bar Association, many more lawyers (currently numbering over a hundred) who agree with the objectives of the petition have spontaneously gathered, expressing their willingness to provide various types of legal services when similar incidents occur, including accompanying individuals to interrogations and providing front-line protection to safeguard the freedom of expression of vulnerable groups."

Chronology of Illegal Acts of Public Authority

Attorney Kao Jung-chih, Office Director of the Judicial Reform Foundation, stated: "Lawlessness and disorder by public authority did not just begin after the Dapu forced demolitions in July; they have been happening constantly since the Dapu farmland expropriation three years ago. For example, on March 27 this year, at 10:30, the Ministry of Justice demolished two households in the Huaguang Community. Supporting students and residents formed a human chain to block it, yet as many as 32 people were subjected to retroactive reckoning and referred by the police for investigation. During the action on April 24, another 15 people were arrested by the police, detained in the police station overnight, and referred on charges of obstructing official duties. The case is still under investigation by prosecutors, and even though 5 people had minor circumstances, they still received suspensions of prosecution coupled with community service obligations. Currently, a group of pro bono lawyers and I are still voluntarily assisting in the defense of this case." Attorney Kao Jung-chih further stated: "In addition to the Huaguang Community case, there are also the Closure-Threatened Workers case assisted by lawyers such as Tseng Wei-凱 and Wu Chun-ting, the Shianshian Self-Help Association case, the case of protesting Premier Jiang Yi-huah, the Yilan Indonesian migrant worker case, the Chiangtsui Tree Protection case, the Taoyuan Education Industry Union case, and animal protection groups, all of which are bloody examples of police abuse of power and arrests."

Yuanli Anti-Wind Turbine Incident

Attorney Lin San-chia, a recipient of the National Outstanding Public Interest Lawyer Award, further stated: "The government's mistakes and incompetence have allowed wind turbine siting regulations to be absent and wind turbine operation controls to be improper, enabling unscrupulous conglomerates to illegally install large wind turbines on the coast of Yuanli without the residents' consent. Residents have visited all relevant administrative agencies, embarked on a path of protest, and blocked construction through peaceful sit-ins. However, the police of the Miaoli County Police Bureau's Tunghiao Precinct have actually started dispatching police batons since April to deal with protesters, handcuffed protesters behind their backs and forced them into police cars, and then referred them to the prosecutor's office on charges of coercion. So far, 41 individuals have been handcuffed and referred, 14 have successively sustained injuries and sought medical treatment, and currently 13 local residents and supporters have been criminally prosecuted on charges of coercion and obstructing official duties." Attorney Lin San-chia further stated: "What is most infuriating is that the police not only exercised excessive law enforcement, but even shielded manufacturers and condoned illegalities. At the Yuanli protest site, Eoln Corporation hired private security guards to inflict violence on local residents and students, yet the police were clearly present and failed to step forward to stop it, letting private security engage in violence with impunity. The government's failure to establish safe distances for wind turbines and related administrative norms has led to the suffering of the people today. Covering up the government's incompetence and mistakes with police violence will only make matters worse and arouse public outrage nationwide."

Attendees

Attorney Lin Chih-chung (Initiator of the Thousand-Lawyer Petition Campaign, Chairperson of the Taichung Bar Association)
Attorney Yu Tsung-ming (Initiator of the Social Movement Online Pro Bono Lawyers Community)
Attorney Kao Jung-chih (Pro Bono Lawyer for Huaguang Community)
Attorney Lin San-chia, Attorney Hsieh Ying-chi (Pro Bono Lawyers for Yuanli Anti-Wind Turbine)

Along with more than 20 lawyers, participating in a flash mob in front of the Ministry of Justice and at the press conference site to show support.

Organizers

Taichung Bar Association, Taipei Bar Association Human Rights Committee, Social Movement Online Pro Bono Lawyers Community, Judicial Reform Foundation, Taiwan Association for Human Rights, Covenants Watch

Press Contacts

Attorney Ko Shao-chen (Secretary-General of the Taichung Bar Association)
Attorney Kao Jung-chih (Office Director of the Judicial Reform Foundation)