JRF Statement on the Acquittal of Hsü Jung-chou in the Second Instance

Regarding today's (April 2) ruling by the Taiwan High Court in the 101st-year Chu-Shang-Tzu No. 1 murder case against defendant Hsü Jung-chou—"The original judgment is revoked, and Hsü Jung-chou is acquitted"—our foundation issues the following statement:

The eight reasons listed by the Criminal Division of the Taiwan High Court for overturning the conviction and acquitting Hsü Jung-chou can be summarized into three main points:

1. The process by which Hsü Jung-chou's seven confessions were obtained suffered from major flaws and mutual contradictions: When interrogated by military prosecutor Huang Jui-p'eng, there were bruises on his back from being beaten; while detained, Hsü had a cellmate ghostwrite a confession letter. Because Hsü is illiterate, it was impossible to confirm whether it represented his true intent, and the ghostwriter refused to testify, rendering the confession letter inadmissible as evidence; the audio recording CD of Colonel Lin Ming-yin of the General Headquarters of the Air Force interviewing Hsü was lost; taking Hsü to the crime scene for a simulation was also unsuccessful due to rain; after the reinvestigation, his statements before the prosecutor were not purely confessional and also included denials of the crime. Furthermore, the contents of the confessions contradicted each other multiple times and were inconsistent with the results of the forensic coroner's examination and autopsy appraisal. These circumstances severely undermined both the acquisition procedure and the credibility of Hsü's confessions.
2. Hsü Jung-chou suffers from mild intellectual disability, raising doubts about his capacity to form the intent to confess.
3. The most important physical evidence in this case was the wooden stick obtained from the crime scene, upon which a palm print matched that of Hsü Jung-chou. However, because the wooden stick has been lost, it is impossible to confirm whether the palm print was stained with blood based solely on photographs of the stick; thus, it cannot serve as the basis for a guilty verdict.

Our foundation believes:

1. Hsü Jung-chou is accused of a serious crime, and a conviction requires sufficiently definitive evidence. If reasonable doubt still exists, a verdict of acquittal must be rendered in accordance with the principle of the presumption of innocence.
2. During the period when the Chiang Kuo-ch'ing case became a subject of public concern and discussion, the Taiwanese public was able to agree that judicial judgments prioritize evidence above all else. Just as coerced confessions are unacceptable, a guilty verdict based solely on a confession—let alone a flawed one—is equally unacceptable. By the same token, if Hsü Jung-chou is to be convicted, the sentencing standards established by the Chiang Kuo-ch'ing case should apply to Hsü Jung-chou as well as to all criminal defendants. This is precisely the greatest and best lesson that the Chiang Kuo-ch'ing case has brought to Taiwanese society. The Taiwan High Court strictly adhered to the rules of evidence and lawfully rejected flawed confessions, which should be affirmed.
3. Key pieces of evidence in this case, including the wooden stick and the interview audio CD, have been lost, causing the entire case to stall and making it difficult to find the true perpetrator. We urge the relevant authorities to promptly investigate and assign accountability in order to render due justice to the victim and their family.

Press Contact

JRF Executive Director Attorney Lin Feng-cheng 02-2523-1178