Statement by the Judicial Reform Foundation Regarding the Legislative Yuan's Passage of the "Special Committee for the Truth Investigation of the March 19 Shooting Incident Act"

The Legislative Yuan today passed the "Special Committee for the Truth Investigation of the March 19 Shooting Incident Act" (hereinafter the "Truth Investigation Committee Act"). The Judicial Reform Foundation expresses its anger that its solemn appeals over the past few days have been ignored. As stated in the joint statement issued by civil society organizations on August 20, this Act empowers committee members appointed according to party proportions to exercise judicial investigative powers, which raises severe concerns of unconstitutionality. Even more outrageously, the Truth Investigation Committee's exercise of judicial investigative powers would be exempt from the restrictions of the Code of Criminal Procedure. Such an Act, which so flagrantly disregards human rights protections, is truly unacceptable.

Not only that, but under Article 13 of the Truth Investigation Committee Act passed today, if the findings of the Truth Investigation Committee's investigation diverge from the facts established in a final court judgment, they may actually serve as grounds for a retrial. In other words, the Truth Investigation Committee is not only exercising judicial investigative powers, but it is also able to override the judicial adjudication power of the courts. If the facts determined by a court do not match the results of its investigation, those determined by the Truth Investigation Committee shall prevail, and it may demand that the court initiate a retrial. The Judicial Reform Foundation has always upheld judicial independence free from any interference as its founding mission; witnessing the judicial adjudication power trampled upon in this manner today brings not only anger, but profound sorrow.

KMT and PFP legislators have consistently used the argument that special events require special laws conferring special powers of investigation to justify the forced passage of this Act. However, the Judicial Reform Foundation strongly asserts that Taiwan is a nation under the rule of law, and the pursuit of truth must not come at the cost of sacrificing the spirit of democratic rule of law. With the Legislative Yuan's passage of this Act today, history will deliver its own verdict.