"Application for Re-investigation" and We "Care"! Press Conference on Applying for Re-investigation with Chiang's Mother over the Wrongful Execution of Chiang Kuo-ch'ing without Accountability

The Taipei District Prosecutors Office recently issued another non-prosecution disposition regarding the case where Ch'en Chao-min and others tortured Chiang Kuo-ch'ing, leading to his wrongful death. The Taipei District Prosecutors Office concluded that the illegal acts of torture and coercion were committed "merely" to solve the case and claim credit, which is "understandable"!? Furthermore, even though it was a crime punishable by "mandatory death penalty" at the time and a confession meant execution by firing squad, Chiang Kuo-ch'ing's death had "no causal relationship" with their actions!? The prosecutors' hollow interpretation of the law was merely a decoration for a predetermined conclusion: no one needs to be held responsible for Chiang Kuo-ch'ing's death.

There is no shortage of similar experiences abroad. During the Nazi era in Germany, many military officers carried out cruel and inhumane torture. Direct participants were not completely exempt from responsibility merely because they were "following orders"; even high-ranking officers who did not personally execute the torture were mostly prosecuted and sentenced after the war. Furthermore, the Federal Constitutional Court of Germany has also acknowledged that if a person's action can trigger a subsequent chain of "automatic reactions," that person should also be held responsible for the final outcome!

Moreover, former Peruvian President Fujimori was sentenced to 25 years in prison by the Supreme Court of Peru for establishing a secret police organization similar to the "Colina Group" to eliminate dissidents in the name of counter-terrorism and national security, committing several murders. Even though he argued that he was not fully aware of and could not control the actions of the "Colina Group," his actions clearly triggered a subsequent chain of "automatic reactions" of murder and the elimination of dissidents, establishing the causal relationship. The Supreme Court of Peru ruled in 2009 that he should bear criminal responsibility.

When the Air Force Headquarters originally established the "0912 Special Project Team," those who actually carried out the torture and extortion of confessions committed direct crimes, while those who supervised and directed on the side committed indirect crimes. All of them had joint criminal intent and divided execution of acts, which entirely constituted joint principals. These "generals" of the Air Force Headquarters, at the moment they "threw" Chiang Kuo-ch'ing into military trial, naturally foresaw that he would be executed by firing squad, and sentencing him to death fundamentally did not violate their "original intent." At this point, the judicial system became a "killing machine," utilized as a "tool" for "automatic reactions." Not only was the "causal relationship" of the frontline civil servants' actions not "broken" thereby, but even the civil servants operating the judicial killing machine at the backend are not necessarily exempt from responsibility for "following orders"!

Many, many friends who care about the Chiang Kuo-ch'ing case, just like Chiang's mother, are completely unable to accept the conclusion that "no one needs to be held responsible," and they hope to do something to help. Facing the state apparatus, standing before a judicial system unwilling to examine its mistakes and only wanting to escape responsibility and forget the past, every individual appears small and powerless. Everyone no longer wishes to remain merely silent and is willing to support Chiang's mother through practical actions. When she went to the Taipei District Prosecutors Office to apply for a re-investigation, many people accompanied her to express their support, walking a short distance with her to encourage her for her hard work and efforts over the past decade or so.

If you are willing to participate, we will continue to accept your "Statement of Care" until the end of September and forward them on your behalf to the Taiwan High Prosecutors Office. Thank you!

Press Contact

Association for Legal Reform, Executive Director Attorney Lin Feng-cheng 02-25231178