"The Court is a Battlefield, and the Ministry of National Defense is Missing the Target!?" ~ Indict Ch'en Chao-min and Claim Compensation for Wrongful Execution! ~ Event Series (8)

Although Chiang Kuo-ch'ing has been cleared, he has yet to receive true vindication. We demand that the state courageously confront its own mistakes and hold illegal and derelict military officers such as Ch'en Chao-min criminally and civilly accountable. Our declaration and demands are:

"Indict Ch'en Chao-min and others! Claim compensation for wrongful execution!"
"State accountability! We care!"

As the Ministry of National Defense's compensation claim against Ch'en Chao-min and others approaches its third court hearing, we expect the Ministry not to miss the target again!

After paying 100 million NTD in criminal compensation for the Chiang Kuo-ch'ing case, the state is legally obligated to seek recovery from the civil servants who acted illegally or were derelict in their duties. When the recovery lawsuit held its first hearing on September 4, 2012, the judge repeatedly questioned the Ministry of National Defense's attorneys, expressing astonishment that after being given more than half a year, they were still so inadequately prepared. On October 17 of the same year, the Foreign and National Defense Committee of the Legislative Yuan required the Ministry of National Defense to submit a special report on holding accountable and seeking compensation for the wrongful execution of Chiang Kuo-ch'ing. During the session, cross-party legislators questioned whether the Ministry of National Defense had any intention of winning the lawsuit. Minister Kao Hua-chu stated clearly during interpellation that he had instructed the engagement of external attorneys to strengthen the legal team and go all out to win the recovery case.

However, during the second hearing on November 21 of the same year, although the attorneys appointed by the Ministry of National Defense showed a more proactive attitude, they were still regrettably underprepared. Frankly speaking, looking at the current level of preparation for the litigation, it is still impossible to discern any possibility of the Ministry of National Defense winning the lawsuit. If the situation is allowed to continue to develop in this direction, the outcome where the 100 million NTD in compensation already paid by the Ministry is ultimately borne by the general public will probably remain unavoidable. Today (Jan. 16), as the third hearing of the recovery case is about to take place, we must solemnly appeal: "The court is a battlefield." Entering a courtroom is like going to the battlefield; offense and defense in litigation are just like combat, requiring the formulation of strategic objectives, execution of tactics, sand table simulations, logistical support, and repeated mock drills. We believe this is precisely the profession of the Ministry of National Defense. If today we still witness the Ministry of National Defense "missing the target," then either the warriors sent to the field have been entrusted to the wrong hands, or this is truly nothing more than a rigged match?!

On the other hand, the ultimate defense raised by Ch'en Chao-min and others is that they bore no intentional wrongdoing or negligence, citing the non-prosecution disposition by the Taipei District Prosecutors Office as proof. However, the Taiwan High Prosecutors Office announced the revocation of the Taipei District Prosecutors Office's non-prosecution disposition on December 9, 2012. Now that Ch'en Chao-min and others can no longer use the non-prosecution disposition as an amulet, what kind of defense will they put forward to shirk responsibility?

After a series of events, facts have proven that only when the public cares, the media pays attention, and civil society organizations exercise supervision will the state make an effort toward "accountability." The 12,506 people who signed the petition demanding "accountability" demonstrate that countless individuals care deeply about state justice. Pursuing justice in the Chiang Kuo-ch'ing case must begin with clarifying and pursuing the criminal and civil liabilities of those who acted illegally and were derelict in their duties.

Has the Ministry of National Defense done its utmost to litigate the compensation lawsuit? How will Ch'en Chao-min and others present their defense? These matters require your and my concern and attention. We will continue to hold courtroom observations as usual, and we sincerely invite your attention and participation!

Press Contact

Attorney Lin Feng-cheng 02-2523-1178