2009 Work Results

■Enactment of the Judges and Prosecutors Evaluation Act

• As the legislative efforts for the Judges Act fell short at the end of 2007, we decided to change our legislative strategy by separating the judge evaluation mechanism—which is most urgently needed by the public—from the Judges Act to be legislated independently, and established a dedicated task force for the Judges and Prosecutors Evaluation Act to drive this initiative.
• Collaborated with the Taipei Bar Association to conduct prosecutor evaluations in the Greater Taipei area. Following the release of the quantitative results from the first phase of evaluation, we have continued into the second phase, conducting in-depth interviews with attorneys to carry out qualitative evaluations of unfit prosecutors.
• Met jointly with civil society organizations with President Lai Ying-chao to point out instances of unfitness among specific judges. Following this meeting, we expanded our sphere of action by joining forces with organizations across various fields—including women's rights, indigenous peoples, labor, individuals with disabilities, environmental protection, foreign spouses, and migrant workers—to form the "Alliance for Professional Justice," demanding improvements in the quality of judicial adjudication.

■Prosecutorial System Reform

• Completed the civil society version of the draft Public Prosecutors Office Act and will promote its legislation at an opportune time.
• Co-organized the "Prosecutors, Police, and Investigation Agencies Violating the Principle of Non-Publicity of Investigation" project with the Taiwan Bar Association, regularly collecting illegal news reporting contents daily, holding the press conference titled "What Kind of Non-Publicity of Investigation is This?", and submitting relevant evidence to the Ministry of Justice, the National Police Agency, and the Coast Guard Administration, demanding the investigation and punishment of illegal and derelict personnel.

■Further Reform of the New Criminal Procedure System

• Our Foundation plans to collaborate with the Taipei Bar Association to publish a book provisionally titled "Manual for Defense Tactics in Police Interrogations" (tentative title) as a reference for lawyers accompanying clients during police interrogations, scheduled for publication next year.
• Following the Judicial Yuan Grand Justices' consecutive issuance of Interpretations Nos. 653 and 654 concerning detention center human rights, our Foundation immediately drafted complementary legal provisions and held seminars to serve as references for legislation. We will fully lobby the parliament regarding relevant amendments to the Code of Criminal Procedure, specifically Article 34 concerning the right to private communication between defendants and their attorneys.
• Certain provisions of the Detention Act were amended and passed on April 28, explicitly stipulating that after a court accepts an application for detention, the defendant has the right to refuse nighttime interrogation.
• The High Court has increasingly dismissed appeals without review on the grounds that appellants failed to state specific reasons in accordance with the newly amended Article 361, Paragraph 2 of the Code of Criminal Procedure, severely infringing upon the people's right of access to court. Our Foundation has filed a complaint with the Control Yuan and lodged a protest with the Judicial Yuan, demanding immediate legal amendments.
• Regarding Japan's newly implemented Lay Assessor system (Saiban-in system), which resembles the Anglo-American jury system, our Foundation is closely observing and studying the necessity and possibility of introducing it domestically.

■Court Observation

• Continued collaborating with major colleges and universities to conduct nationwide court observation internship courses. Participating schools include National Taiwan University, Chung Yuan Christian University, Kainan University, National Cheng Kung University, National University of Kaohsiung, and Providence University.
• During the summer vacation, we successively launched two batches of summer court observation training courses, recruiting nearly one hundred volunteers to conduct court observations at courts across the country.
• Arranged for volunteers to closely monitor specific judges and prosecutors who have been reported as unfit, preparing for further potential actions.

■Individual Case Rescue

• The documentary on the Su Chien-wen case, "Island Etude III: The Taste of Freedom," has been completed. The Su Chien-wen Case Vindication Action Brigade has relaunched the nationwide screening tour of the documentary. The Su case has still not reached a final verdict.
• The Hsu Tzu-chiang case is currently undergoing retrial in the High Court; we have assembled a team of lawyers to assist.
• Regarding the Chiou Ho-shun case (defendant in the Lu Cheng case), who is facing the longest detention in Taiwan's judicial history—spanning 22 years—our Foundation has launched joint advocacy campaigns with organizations including the Taiwan Association for Human Rights, the Association for the Abolition of the Death Penalty, Amnesty International Taiwan, the Humanistic Education Foundation, and the Wild at Heart Legal Defense Association. We also invited scholars to draft a human rights investigation report addressing human rights violations such as indefinite detention. Furthermore, we will soon hold a seminar addressing the various systemic flaws in this case.

■Attorney System Reform

• Completed the civil society draft of the Attorney Regulation Act and plan to propose legislative amendments in the Legislative Yuan.

■Case Tracking

• Starting in September, we will collaborate with Professor Chen Chih-hsiung of the Institute of Law and Technology at National Tsing Hua University to teach case studies based on cases rescued by our Foundation.
• Continued to accept individual case petitions from the general public, with assistance provided by pro bono lawyers.

■Constitutional Interpretation Advocacy Team

• The application for compensation for wrongful imprisonment filed by the plaintiff of the "Thirty Years of Wandering Courts" case was dismissed by the court. Our Foundation has petitioned the Grand Justices for a constitutional interpretation on the grounds that the Wrongful Detention Act is unconstitutional.

■Alliance for the Amendment of Bad Laws on Assembly and Procession

• Regarding illegal and improper police enforcement during Chen Yunlin's visit to Taiwan, our Foundation and the Taipei Bar Association formed a pro bono legal team to file lawsuits, including cases involving Up-On Record, Chen Yu-ching, Chiang Yi-te, Lin Leng, and Huang Yi-ling, and jointly held a series of court observation activities titled "I Accuse State Violence" with civil society organizations.
• Jointly supported the November 6 Wild Strawberry Student Movement with various social movement organizations, calling for the prompt amendment of the bad laws on assembly and procession. After drafting professional legal opinions with the Taipei Bar Association, the Taiwan Bar Association, and the Taiwan Law Society, we provided the professional legal community's version of the draft Act on the Protection of Assembly and Procession as a reference basis for legislative amendments.
• Regarding the prosecution of professors Li Ming-tsung and Lin Chia-fan by prosecutors for allegedly violating the Assembly and Procession Act, we jointly initiated a self-denunciation solidarity action involving one hundred people with academic and civil society organizations, and our Foundation mobilized a pro bono legal team with participation from over fifty lawyers.

■Parliamentary Monitoring

• Participated in the "Citizen Congress Watch," demanding the establishment of a civilized, sunny, public-interest-oriented, transparent, and efficient parliament.

■Publicity and Publishing

• Continued updating our Foundation's website and sending out e-newsletters to make it easier for the public to search for information and receive updates on our Foundation's activities.
• Regularly published the Judicial Reform Magazine, featuring in-depth reports on major judicial reform issues.
• The book "What the Grand Justices Have to Say 2: The War Between Individuals and Institutions" was officially published, and planning and editorial work began for "What the Grand Justices Have to Say 3: Crying Out Against Injustice" (provisional title).
• Continuously submitted opinion pieces to major media forums every week, promptly expressing our Foundation's professional perspectives on current major high-profile judicial issues to promote the ideals of judicial reform.

■Organizational Rooting

• Conducted volunteer training courses, inviting scholars and experts to lecture on judicial reform issues.
• Continued hosting two-day, one-night summer camps for college students to cultivate fresh blood for judicial reform.
• Held the Judicial Reform Vanguard Club to expand the recruitment of judicial reform volunteers.
• Regularly hosted newly admitted lawyers from the Taiwan Bar Association Training Institute to visit our Foundation, providing the latest judicial reform information and cultivating our Foundation's core support group.

■Center for Rooting Legal Education

• The "Foundations of Democracy" series was published in the first quarter of 2008 and was honored with the 2008 Human Rights Publication Award by the National Institute for Compilation and Translation in November of the same year.
• Co-organized the "97th Academic Year National Human Rights Education Promotion Seminar for Elementary and Secondary Schools" with the Ministry of Education's Human Rights Education Curriculum and Teaching Guidance Group at the end of 2008.
• Held teaching sharing seminars for "The Wisdom of Learning to Think Critically—Foundations of Democracy Series," totaling two sessions in Taipei and Kaohsiung.
• Held experience exchange and sharing sessions for seed lecturers in cooperation with the Taipei Bar Association, Taoyuan Bar Association, and Tainan Bar Association.
• Held the 2009 Seed Attorney Workshops for the Taipei and Kaohsiung Bar Associations.
• Invited to participate in the "2009 Civitas World Congress" held in Cape Town, South Africa, organized by the Center for Civic Education.
• Co-organized the "2009 Make a Decision! Campus Citizens' Meeting" teaching documentary competition with Rotary International District 3480, Rotary International ROC, and the Su Tien-tsai Culture and Education Foundation.
• Established the "Student Rights Code" working group and added the "Student Rights Code" online forum.
• Entrusted by the Ministry of Education to manage the Human Rights Education Advisory and Resource Center and the Ministry of Education Human Rights Education E-newsletter project.

■Center for Legal Ethics Education

• Collaborated with Soochow University Law School and New Schoollin Publishing to translate legal ethics books from the United States, Germany, and Japan, planning to publish a nine-volume series titled "Judicial Reform Foundation Legal Ethics Series."