Promoting Amendments to the Prosecutor System Provisions in the Court Organization Act

In recent years, due to fierce party competition in our country, the ruling and opposition camps have frequently accused each other of exceeding the law while simultaneously distrusting judicial rulings, resulting in a high degree of public distrust in the credibility of the judiciary. Recently, President Ch'en Shui-bian appointed Wu Ying-chao—whose integrity has been widely questioned—as Prosecutor-General. At the same time, Prosecutor-General Wu showed a complete lack of an independent stance on how the prosecutors' office should coordinate and cooperate with the Truth-Seeking Committee after the passage of its organic act, pushing the neutrality crisis of the prosecutorial system to its peak.

Consequently, grassroots prosecutors—including members of the Reform Association of Prosecutors—along with civil society legal reform organizations such as the Judicial Reform Foundation, Cheng-Society, Taipei Bar Association, and Taiwan Association for Human Rights, formed the Civil Alliance for Prosecutorial System Reform. Driven by a sense of crisis regarding the neutrality and ineffectiveness of the prosecutorial system, they pushed for amendments to the relevant provisions of the Court Organization Act. They advocated that the appointment of the Prosecutor-General should be subject to parliamentary consent and a term system to safeguard neutrality; that the Prosecutor Personnel Review Committee should be legalized to promote the democratization of prosecutorial personnel administration; and that a Special Investigation Division should be established under the Supreme Prosecutor's Office to achieve the goals of team-based investigations, enhanced investigative quality, and the protection of human rights.

Regarding this amendment bill, dozens of legislators—including Ch'i'u T'ai-san, Tuan I-k'ang, Hsu Shu-po, Hsu Yuan-kuo, Shen Chih-hui, Ch'in Hui-chu, Ch'ien-Lin Hui-chun, and Ch'en Chin-hsing—as well as the Kuomintang and People First Party caucuses, successively proposed eight versions of the bill, demonstrating that it is a matter of concern for a majority of members of parliament.

On the eve of the legislative elections, neutral and effective election inspection is a key factor affecting mutual trust between the ruling and opposition camps and political reform. Amidst the shadows of doubt surrounding the presidential shooting incident, the constitutional controversy over the legitimacy of the Truth-Seeking Committee, and the intense criticism triggered by the president's appointment of a Prosecutor-General whose suitability is in question, these various controversies have made the law enforcement of prosecutorial organs increasingly conservative. However, under a situation where the people eagerly yearn for the justice of the rule of law, a weak and listless prosecutorial system is by no means a blessing for the country. Therefore, there is an urgent need to expedite legislation to pass the aforementioned bills. Furthermore, regarding the appointment of the Prosecutor-General, a sunset clause should be added, requesting the president to re-nominate a Prosecutor-General one month after the passage of the amendments, subject to the consent and appointment of the Legislative Yuan, in order to establish the system of prosecutorial neutrality and consolidate the foundations of democratic rule of law.

Attachments

Lobbying Briefing Paper for the Reform Amendment Motion on the Prosecutor System in the Court Organization Act

Attendees

Prosecutor Ch'en Jui-jen (Alliance Spokesperson, Reform Association of Prosecutors Spokesperson)
Prosecutor Ch'en Chih-ming (Reform Association of Prosecutors Convener)
Prosecutor Hou K'uan-jen (Reform Association of Prosecutors)
Prosecutor Yang Ta-chih (Reform Association of Prosecutors)
Prosecutor Wu Wen-chung (Reform Association of Prosecutors)
Prosecutor Ho K'o-ch'ang (Reform Association of Prosecutors)
Prosecutor Liu Ch'eng-wu (Reform Association of Prosecutors)
Prosecutor Tseng Ching-yuan (Reform Association of Prosecutors)
Prosecutor Chiang Lin-ta (Reform Association of Prosecutors)
Prosecutor Hsu Wen-hao (Reform Association of Prosecutors)
Prosecutor Chien Wen-chen (Reform Association of Prosecutors)
Professor Yu Chen-hua (Taiwan Law Association)
Attorney Lin Yung-sung (Director, Judicial Reform Foundation)
Attorney Kao Yung-ch'eng (CEO, Judicial Reform Foundation)