2013 Work Report

■People's Participation in Trials

• Drafted a non-governmental version of the "Citizen Participation in Criminal Trials Act" as a counterproposal to the Judicial Yuan's "Censorial Trial System."
• Led law students to observe the "Censorial Trial System" mock trial held by the Judicial Yuan at the Shilin District Court.
• Continued to hold "Lay Judge—Mock Trial" activities across various regions, such as Soochow University, National Chengchi University, National Taiwan Normal University, and National Tsing Hua University. In the first half of the year, there were a total of 7 events, 13 mock trials, mobilizing 10 volunteer lawyers to assist, with a total participation of 226 students. In the second half of the year, 7 events were held at Providence University, Songshan Community College, Tainan Peimen Senior High School, and the Department of Political Science at Soochow University.

■Further Reform of the New Criminal Procedure System

• Participated in consultations on the draft amendment to the "Code of Criminal Procedure" and separately proposed a non-governmental counterproposal to accelerate the pace of reform. On May 13, 2013, the Judiciary and Organic Laws and Statutes Committee of the Legislative Yuan passed the first reading of the draft amendment to the Code of Criminal Procedure. Regrettably, by the end of 2013, the Legislative Yuan still had not passed the third reading.
• As the Legislative Yuan requested the Judicial Yuan to submit a draft amendment on the "Single Indictment" system within one year, our Foundation established a "Single Indictment Amendment Study and Deliberation Group" to formulate a non-governmental response. We hope that the drafted version can be used in conjunction with various versions of the draft acts on people's participation in trials.
• From February 25 to 27, 2013, the government invited ten international human rights experts to Taiwan to review Taiwan's initial reports on the two Covenants, and held dialogues with representatives of government agencies and non-governmental organizations. On March 1, the ten experts published "Concluding Observations and Recommendations." Regarding the Code of Criminal Procedure—such as detention, maximum duration of criminal trials, the right to appeal to the third instance, mandatory legal representation in trials on questions of law, and the presumption of innocence—they hoped to promote legal amendments. In response to the above parts, we put forward specific recommendations and a non-governmental draft amendment.
• Starting on May 16, 2013, the Ministry of Justice convened a series of "Preliminary Response Meetings of Various Agencies" concerning the "Concluding Observations and Recommendations of the Two Covenants." On July 16, 23, and 30, for three consecutive days of reviewing the Code of Criminal Procedure portion, our Foundation concretely put forward opinions and recommendations. The second round of meetings commenced in September.

■Reforming the Supreme Court

• The Judicial Yuan and Executive Yuan's draft amendment to the "Court Organization Act" was submitted to the Legislative Yuan on April 24, 2013, and is currently being reviewed alongside the non-governmental version. Regrettably, by the end of 2013, the Legislative Yuan still had not passed the third reading.
• Oral Argument Research Group: Continued to cooperate with the Criminal Law Center of National Chengchi University, combining it with internship courses. Trainees organized facts, conducted observations, and wrote observation reports on death penalty cases in which the Supreme Court held oral arguments. The reports of some students were published in the July issue of the "Taiwan Bar Journal." Small-scale seminars were also irregularly held, inviting students and the lawyers handling individual cases to participate.

■Constitutional Interpretation Procedure Act

• In response to the Judicial Yuan's draft amendment to the "Constitutional Interpretation Procedure Act," we proposed our own draft, specifically suggesting the addition of a constitutional appeal system, lowering the threshold for declaring a decision unconstitutional, increasing the right to inspect case files, and adopting oral arguments as a general rule. It is currently under review in the Legislative Yuan.
• Regrettably, by the end of 2013, the Legislative Yuan still had not passed the third reading.

■Prosecutorial System Reform

• "Hunt Down Malicious Prosecutors" Project: Composed of more than 50 pro bono lawyers, this project continues to research and analyze finalized acquittal judgments rendered by the Supreme Court in 2012 and 2013 to determine whether they were related to prosecutorial dereliction of duty or abuse of power. At the same time, we requested the Ministry of Justice to establish a general ex-post accountability mechanism for cases of suspected prosecutorial abuse of prosecution and appeal.
• We will continue to analyze acquittals and other derived categorized cases, periodically publicize individual cases of improper conduct by prosecutors, select appropriate cases to hold press conferences, provide legislators with material for interpellation, or report directly to the Control Yuan to maintain pressure. Currently, drug cases and the indiscriminate appeal to the third instance have been selected as the focus of monitoring.
• In September 2013, an incident involving the abuse of power by the Prosecutor-General and the Special Investigation Division (SID) occurred. Our Foundation resolved to reform the prosecutorial system in the following directions: (1) Enacting the "Organic Act of the Prosecutors Offices" and the "Public Prosecutors Act"; (2) Abolishing the Special Investigation Division; (3) Eradicating abusive litigation and establishing a mechanism where power is commensurate with responsibility; (4) Implementing a written command system to make the "unity of the prosecutorial system" transparent; (5) Soundly establishing a mechanism for selecting the best and eliminating the unfit among prosecutors.

■The "Judges Act"—Individual Case Evaluation of Unfit Judges and Prosecutors

• In 2013, the Judges Evaluation Commission reviewed 11 individual cases, 8 of which were submitted by the JRF, resulting in the impeachment of 2 judges. The Prosecutors Evaluation Commission reviewed 22 individual cases, 18 of which were submitted by the JRF, resulting in the impeachment of 1 prosecutor, warnings issued to 3 prosecutors, and a recommendation by the PEC for the dismissal from office of former Prosecutor-General Huang Shih-ming (黃世銘).
• The effectiveness of individual case evaluations under the "Judges Act" is poor, and it restricts the right of the public to directly file complaints against judges and prosecutors. In addition to coordinating with official authorities for appropriate investigative and file-reviewing rights for civil society organizations, we will also propose a legal amendment regarding the flawed design of the excessively short limitation period for requesting evaluations.

■Complaint Center

• Since the establishment of the "Complaint Center" in July 2011, it has received an average of over 10 petition calls per day. By the end of December 2013, 1,001 cases had been accepted, averaging approximately 33 accepted cases per month.
• On April 17, 2013, regarding a public complaint about the improper courtroom attitude of Prosecutor Lin surnamed from the Taipei District Prosecutors Office, we held a press conference. That very night, the Personnel Review Committee of the Taipei District Prosecutors Office resolved to recommend that the Ministry of Justice impose a reprimand disciplinary action. Thereafter, our Foundation successively received 13 complaint cases regarding Prosecutor Lin. After meeting and interviewing the concerned parties, we held a second press conference on May 3, disclosing 4 additional individual cases of improper conduct and speech during investigations. Subsequently, on May 16 and August 24, we respectively petitioned the Prosecutors Evaluation Commission for evaluations on a total of two cases.
• On May 30, 2013, we held a press conference regarding a public complaint about the improper courtroom procedures and attitude of former Hualien District Prosecutors Office prosecutor Wu Wen-cheng (吳文正). On October 24, 2013, we held a press conference regarding a public complaint about unlawful courtroom procedures by Pingtung District Prosecutors Office prosecutor Wu Wen-cheng (吳文政). Both cases were referred to the Prosecutors Evaluation Commission for evaluation. In Wu Wen-cheng's case, the PEC referred him to the Control Yuan with a recommendation for suspension from office; Wu Wen-cheng's case is still under review.

■Individual Case Rescue

• Su Chien-ho Case: On December 12, 2012, the three men, having each been subjected to over 11 years of detention (totaling 4,172 days), filed an application for criminal compensation. On April 10, 2013, a ruling was rendered with a compensation amount close to the minimum standard. Social movement organizations jointly issued a statement of condemnation and applied to the Judicial Yuan for a retrial review. The application was rejected on July 26, and plans are underway to apply to the Grand Justices for a constitutional interpretation regarding the ruling.
• Hsu Tzu-chiang Case: Pursuant to Article 5 of the "Criminal Speedy Trial Act" which stipulates that detention shall not exceed eight years, Hsu Tzu-chiang was released in the early morning of May 19, 2012, having suffered nearly 16 years of detention in total. Although his detention was rescinded, his case was still being appealed to the Supreme Court. Subsequently, with the assistance of a volunteer team organized by the JRF, case files and litigation materials were organized in active preparation for subsequent judicial proceedings. Preparatory proceedings for the retrial's ninth remand (更九審) were held on April 29, June 26, and August 26, 2013. In September, the assigned judge was reassigned, and the newly assigned judge held preparatory proceedings on November 5 and December 3.
• Chiang Kuo-ching Case: Regarding the criminal accountability aspect of the Chiang Kuo-ching case, the Taipei District Prosecutors Office still issued a second non-prosecution disposition on August 24, 2012. Our Foundation initiated a series of "accountability" campaigns demanding to "Indict Chen Chao-min (陳肇敏) and Claim Compensation for Wrongful Conviction." Finally, on December 12, the Taiwan High Prosecutors Office revoked the non-prosecution disposition and remanded the case back to the Taipei District Prosecutors Office for continued investigation. After the entirety of 2013 passed, there was still no news whatsoever. Regarding the civil compensation aspect, on April 12, 2012, the Ministry of Defense filed a civil lawsuit seeking compensation from the unlawful military officers. The first court hearing was held on September 24. Due to the passive attitude of the Ministry of Defense, it faced questioning from legislators for its weak efforts in seeking compensation. Afterwards, an external lawyer was retained, and court hearings were held on November 21, 2012, as well as January 16, March 13, May 1, June 26, August 2, September 18, November 6, and December 25, 2013. The JRF conducted courtroom observations for all previous court hearings.
• Chiou Ho-shun Case: Ever since Chiou Ho-shun's death sentence was finalized on July 28, 2011, mobilization and rescue efforts from all sectors have never ceased. Beginning in February 2013, the "Chiou Ho-shun Diplomatic Ambassador Project" was established, recruiting students to assist in organizing and replying to letters of support from foreign countries. A results presentation was held on May 27, where trainees shared experiences and produced support posters. On June 14, 2013, the Control Yuan released an investigation report on the Chiou Ho-shun case and issued an official document requesting the Prosecutor-General to file an extraordinary appeal, but the request was formally rejected via official letter on August 19.

■Courtroom Observation

• Continued to conduct service-learning courses on courtroom observation in courts nationwide in cooperation with various universities. Participating schools include Kainan University, National Cheng Kung University, Chung Yuan Christian University, National Taipei University, Providence University, and Chinese Culture University.
• Began attempting to establish a digital courtroom observation database, gradually conducting trial runs allowing students to directly upload courtroom observation records remotely.
• Recruited volunteers and interns to conduct courtroom observations and write observation reports on specific individual cases, such as the Hsu Tzu-chiang case, the Su Chien-ho case, Supreme Court oral argument sessions, and specific judges reported by members of the public.

■Continued Assistance with Coalition Work

• Participated in the "Taiwan Alliance to End the Death Penalty," assisting in the rescue of Cheng Hsing-tse (鄭性澤), and published the book "The Thirteen Aunts KTV Murder Incident" and a short documentary in August. Participated in the World Congress Against the Death Penalty in June. Held the 4th "Homicide Film Festival" in October.
• Participated in the "Guard Legal Aid Alliance," recommended the 4th term of board directors, and issued a press release titled "Taiwan Society's Expectations for the Chairperson of Legal Aid" after the new legal aid board members took office on March 22. Established a legal aid amendment group in May, held a press conference in November, proposed a draft amendment, and paid courtesy visits to legislative party caucuses. A new secretary-general took office in June, and a visit was paid to the board of directors in August.
• Participated in the "Penal Reform Coalition," continuing to promote penal reform, and held Taiwan's first "World Day Against the Death Penalty" event on June 26. Established an amendment group to study and revise the Detention Act and the Prison Act, and supported the network group in pre-planning prison visitation projects.
• Participated in the "Covenants Watch," participating in 22 meetings from May to October regarding the "Review of Preliminary Responses and Recommendations of Various Agencies to the Concluding Observations of the Two Covenants."
• Jointly formed the "Social Movement Lawyers Platform" with civic associations to handle ad-hoc police interrogations. Held the first meeting in July to organize a roster of lawyers to facilitate subsequent assistance in social movement cases.

■Publicity and Publication

• Continuously updated our Foundation's website and distributed e-newsletters and press clippings to make it convenient for the public to query information and obtain news regarding our Foundation's activities.
• Regularly published the "Judicial Reform Magazine," conducting in-depth reporting based on current major judicial reform issues.
• Submitted over 20 opinion pieces to newspapers and media outlets in 2013 addressing current judicial affairs issues.

■Legal Ethics Education Center

• Regularly held reading groups, continuing the second phase of the book publication plan.