Justice Does Not Kill, Cold Justice Does! Discussing "Non-Disclosure of Investigations" under "Refined Justice"

It is regrettable that the issue of the "non-disclosure of investigations" is only brought out for discussion for a "brief moment" every once in a while! What is even more regrettable is that this "brief moment" is always accompanied by damage to people's right to reputation, infringement of their right to privacy, and even the loss of lives, just to exchange for a "brief moment" of concern from prosecutors, police, investigators, the public, and the media!

The price of this "brief moment" is so exorbitant!

Investigative information is not entirely un-publishable; the difficulty lies in striking the right balance. Let us first look at the rules of the game set by the prosecutors, police, and investigators themselves. According to the "Directions for Handling Criminal Case News by Prosecutors, Police, and Investigation Agencies," news may be "moderately" published only "if necessary" and "if it helps in the investigation of a case, reassures the public, clarifies public misconceptions, or prevents the expansion of harm."

To be fair, the investigative approach in this train derailment case was not particularly unusual; it is common to interrogate the person who reported the case as a suspect from the outset, and it is not uncommon to discover suspicious involvement among victims or their friends and relatives during the process. Moreover, it seems unreasonable to completely prohibit prosecutors and police from having reasonable suspicions about victims and others. However, what the people yearn for might be a more "refined" justice, what they hope for might be a warmer investigative procedure, and what they look forward to might be a more empathetic investigative mindset.

The "presumption of innocence" is something everyone is familiar with. Precisely because human nature is often biased, prone to "prejudging the case before trial," and "preconceived notions," the state under the rule of law continuously strengthens the spirit of the "presumption of innocence." When prosecutors and police listed the victim's husband as a suspect and prohibited the cremation of the victim's body, there may have been rationality and justification. However, if prosecutors or judicial police could consider a bit more: "What if he is innocent?" A heart that has just lost a wife might not be able to bear being questioned by the state once again; could the approach be a bit more "refined"? If they could consider a bit more that the media is so "spicy," and that "case deduction" leading to "prejudging the case before trial" is foreseeable, coupled with the urgent need to "temporarily ban the cremation of the body" in that simple, rustic little place of Taitung, shouldn't they have acted with a lower profile? Even if there is a new suspect (regardless of who it is), shouldn't they try their best not to "talk eloquently" about the "latest" progress of the case in front of the media? Furthermore, did publishing information regarding insurance policies, his past as a railway worker, and the accidental death of his ex-wife "help in the investigation of the case"? Did it "reassure the public"? Could it "clarify public misconceptions"? "And can it prevent the expansion of harm"? If none of these apply and there was no necessity, then by releasing this news, the non-disclosure of investigations has already been violated, and talking about "refined justice" or "justice for the people" is no different from scaling a tree to catch fish.

Finally, it must be emphasized that whether the prosecutors, police, and investigators violated the "non-disclosure of investigations" should indeed be thoroughly reviewed. However, apart from cold laws, what the people need even more is "refined justice"—that is, in any legal proceeding, it must be refined, warm, and full of humanity. Precisely because this is the substantive reason why a modern state deserves to be called a "state under the rule of law"!

※ Published in: Apple Daily / A13 / Forum