Chiou Ho-shun's Death Sentence Finalized: JRF Statement: The "Criminal Speedy Trial Act" Killed Chiou Ho-shun!

In response to the Supreme Court's dismissal of the appeals filed by defendants Chiou Ho-shun, Lin K'un-ming, and Wu Shu-chen today (July 28), in which Chiou Ho-shun's death sentence was finalized, our Foundation issues the following statement:

1. This case was decided by the Taiwan High Court on May 12 this year, finding the three defendants, including Chiou Ho-shun, guilty. The defendants appealed the verdict, and the Supreme Court received the full case records and evidence at the beginning of June. Defense counsel submitted the first supplemental statement of grounds for appeal to the Supreme Court on June 3, which is still being supplemented. To date, the Supreme Court has concluded the trial of a case that has dragged on for 24 years and undergone 11 retrials in less than two months, while finalizing a death sentence for Chiou Ho-shun. This is baffling and constitutes a hasty and reckless adjudication.
2. This case involves clear facts of torture, which were confirmed by an investigation by the Control Yuan. The Supreme Court shockingly ignored this obvious defect and insisted on sentencing Chiou Ho-shun to death. This shows a reckless disregard for human life.
3. The Supreme Court rapidly concluded a death case with an unprecedented trial speed, evidently pressured by the provision in the *Note* Criminal Speedy Trial Act mandating an 8-year detention cap, which is set to take effect in May of next year, out of fear that the defendants would have to be released if not concluded promptly. However, the "Criminal Speedy Trial Act" is intended to protect the defendant's right to a speedy trial; today, it has instead become the source of pressure driving the court to hastily sentence Chiou Ho-shun to death. It is no exaggeration to say that the "Criminal Speedy Trial Act" killed Chiou Ho-shun.
4. The tragic wrongful execution of Chiang Kuo-ch'ing is a lesson not far behind. Like Chiang Kuo-ch'ing, Chiou Ho-shun is a victim of torture. Our Foundation will continue to pursue all avenues to rescue Chiou Ho-shun and prevent a tragedy from occurring.

※ Note: The "Criminal Speedy Trial Act" (刑事妥速審判法), promulgated on May 19, 2010, specifies in paragraphs 2 to 4 of Article 5 that these provisions shall take effect two years after promulgation (i.e., May 19, 2012).

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