March 24 Executive Yuan Eviction Incident

After the 318 Sunflower Student Movement had continued for five days, President Ma Ying-jeou finally held a press conference on March 23. However, he failed to give a positive response to the demands raised by the movement participants. Disappointed and outraged by Ma Ying-jeou's response, the crowd scaled the barbed wire barricades to enter the Executive Yuan on the evening of March 23, following which the plaza surrounding the Executive Yuan was occupied by thousands of protesters.

Upon learning that protesters had occupied the Executive Yuan, then-Premier Chiang Yi-huah instructed the police to clear the Executive Yuan before the start of the morning workday. To disperse the sit-in protesters, police launched a total of six eviction operations starting in the early hours of March 24. Riot police used shields, batons, and physical force to attack the sit-in protesters, triggering fierce physical clashes, and even deployed high-pressure water cannons against the areas where protesters were sitting. While the crowds occupying the interior and exterior of the Executive Yuan were eventually cleared by early morning, the brutal methods resulted in over a hundred injuries.

A total of 48 citizens who suffered injuries from the violent eviction filed private prosecutions with the assistance of the pro bono lawyer platform, accusing Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning, and several law enforcement officers.

Overview of the Cases

Currently, a total of 48 plaintiffs have filed private prosecutions, spanning 10 cases, with a total of 68 lawyers assisting within the pro bono lawyer platform. Overall, the district courts have only addressed the individual officers who carried out the physical assaults, while issuing decisions of dismissal for most of the other defendants (Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning).

The courts' grounds for dismissal are nearly identical, all invoking the principle of identity in criminal law. A simple definition of identity is: the same defendant, the same factual circumstances. The court should anticipate a decision of dismissal to uphold judicial economy.

Regarding the events on the night of March 24, the first private prosecutor, Chou Jung-tsung, accused Ma Ying-jeou, Chiang Yi-huah, Wang Cho-chun, Fang Yang-ning, and others of suspected attempted murder in connection with the violent eviction of protesters that night. Subsequent private prosecutors such as Wang Hsin-kai and Chou Ni-an filed private prosecutions; as long as they accused Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning, or others, the court determined that the defendants were identical and that all accusations targeted the eviction operation on the night of March 24. Consequently, these were deemed the same case as Chou Jung-tsung's private prosecution and their private prosecutions were dismissed.

However, the legal team maintains that during the police eviction operation that night, the number of officers was massive, the areas where each private prosecutor was injured differed, and the attacking officers also varied; therefore, this should not constitute the same defendant and the same criminal facts. Furthermore, even if the court deems them the same case, they should be adjudicated jointly rather than dismissing the subsequent private prosecutors' claims. Such an action undoubtedly deprives the private prosecutors of their constitutional right to litigation.

The information for individual cases is tabulated below:

1. Collective Case (Neng Docket):

   Charges (Private Prosecution)	Offense of Injury, Attempted Serious Injury
   Defendants	Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning, Unidentified Police Officers
   Case Progress	The trial for the unidentified police officers is still ongoing in the district court. Decisions of dismissal were issued by both the district court and the high court for the other 4 defendants (Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning). The pro bono legal team has assisted the private prosecutors in appealing to the Supreme Court.

2. Collective Case (Rui Docket):

   Charges (Private Prosecution)	Offense of Injury, Attempted Serious Injury, Attempted Murder, Compulsion, Deprivation of Personal Liberty
   Defendants	Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning, Unidentified Police Officers
   Case Progress	The trial for the unidentified police officers is still ongoing in the district court. Decisions of dismissal were issued by both the district court and the high court for the other 4 defendants (Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning). The pro bono legal team has assisted the private prosecutors in appealing to the Supreme Court.

3. Chou Jung-tsung Case:

   Charges (Private Prosecution)	Attempted Murder
   Defendants	Ma Ying-jeou, Chiang Yi-huah, Wang Cho-chun, Fang Yang-ning
   Case Progress	The defendants include Ma Ying-jeou, Chiang Yi-huah, Wang Cho-chun, and Fang Yang-ning. Because the private prosecutor passed away during the litigation process, the private prosecutor's family and other private prosecutors are currently applying to assume the litigation.

4. Chou Ni-an Case:

   Charges (Private Prosecution)	Attempted Murder, Serious Injury
   Defendants	Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning, Peiping East Road Commander
   Case Progress	The trial for defendant Huang Sheng-yung is still ongoing in the district court. As for Chiang Yi-huah, Wang Cho-chun, Fang Yang-ning, and the Peiping East Road Commander, the district court and the high court issued decisions of dismissal. The pro bono legal team has assisted the private prosecutor in appealing to the Supreme Court.

5. Hsiao Yung-yu Case:

   Charges (Private Prosecution)	Offense of Injury
   Case Progress	The district court dismissed the claims against Chiang Yi-huah, Wang Cho-chun, and Fang Yang-ning; the lawyers appealed to the high court. The district court and high court both dismissed the claims against Huang Sheng-yung, and the appeal to the Supreme Court was rejected, thus finalizing the dismissal.

6. Chiang Cheng-han Case:

   Charges (Private Prosecution)	Attempted Murder
   Case Progress	The district court dismissed the claims regarding the unidentified police officers, and the case is currently on appeal. The district court and high court both dismissed the claims against the other 4 defendants (Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning), and the appeal to the Supreme Court was rejected, thus finalizing the dismissal.

7. Chou Miao-chen Case:

   Charges (Private Prosecution)	Offense of Injury, Compulsion, Attempted Murder, Deprivation of Personal Liberty
   Case Progress	The trial for the unidentified police officers is still ongoing in the district court. The district court and high court both dismissed the claims against the other 4 defendants (Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning), and the appeal to the Supreme Court was rejected, thus finalizing the dismissal.

8. Hsu Wen-feng Case:

   Charges (Private Prosecution)	Offense of Injury
   Case Progress	Dismissal finalized. No appeal was filed after the district court dismissed the claims regarding the unidentified police officers; no appeal was filed after the high court dismissed the claims regarding the other 4 defendants (Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning).

9. Wang Hsin-kai Case:

   Charges (Private Prosecution)	Attempted Murder, Offense of Injury
   Case Progress	Dismissal finalized, and a petition for constitutional interpretation has been filed.

10. Liao Ke-hua Case:

    Charges (Private Prosecution)	Offense of Injury
    Case Progress	Dismissal finalized.

Progress of Collective Cases

1. Neng Docket

   The trial for the unidentified police officers is still ongoing in the district court. The dismissals for the remaining 4 defendants (Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning) have been finalized by the Supreme Court, and individual plaintiffs are currently petitioning for constitutional interpretation.

2. Rui Docket

   The district court issued decisions of dismissal regarding the unidentified police officers, and some plaintiffs have appealed to the second instance. The dismissals for the remaining 4 defendants (Chiang Yi-huah, Wang Cho-chun, Huang Sheng-yung, Fang Yang-ning) have been finalized by the Supreme Court, and individual plaintiffs are currently petitioning for constitutional interpretation.