What If He Were Wu Tse-yuan!—Public Mobilization for Judicial Reform "Voice of the People Series"

Recently, the Non-Partisan Solidarity Caucus in the Legislative Yuan nominated Legislator Wu Tse-yuan to attend the National Judicial Reform Conference, causing a public outcry. It is simply unimaginable that a defendant sentenced to life imprisonment could discuss "judicial reform" alongside Chief Judge Huang Jui-hua of the first instance. Ultimately, the preparatory committee of the National Judicial Reform Conference decided to decline Legislator Wu's participation. However, during the discussions, a certain prosecutor remarked that, under the principle of presumption of innocence, Wu Tse-yuan's case had not yet been finally adjudicated, so how could anyone deem him guilty and deny his participation? Indeed, the refusal to let Wu Tse-yuan attend the National Judicial Reform Conference was not because he was a convicted criminal, but rather because Wu Tse-yuan, who was full of life and vigor, had been granted bail by the Taiwan High Court on the grounds that he was at risk of losing his life and that medical treatment outside prison was practically indispensable for his recovery. Such judicial privilege is precisely the target of judicial reform, and it was the primary reason for refusing his participation in the National Judicial Reform Conference.

The Taiwan High Court granted Wu Tse-yuan bail with a ruling of NT$3.6 million. The grounds for its ruling were that Wu Tse-yuan suffered from diabetes and hyperglycemia, and had previously asked the Taipei Detention Center to escort him to Taipei Veterans General Hospital for examinations, where his blood sugar level significantly exceeded the normal range, posing a risk to his life. Although Wu Tse-yuan had diabetes, he suffered from no complications; as long as he injected insulin, his blood sugar could be lowered without any threat to his life. If the Taiwan High Court could ask the Taipei Detention Center to "escort him for examination," why could it not ask the Taipei Detention Center to "escort him for medical treatment" instead of making bail mandatory? After Wu Tse-yuan was released on bail, we all saw him able to host banquets for a thousand tables, campaign for others, and later run for and be elected as a legislator. While this "lively dragon" was declared by the Taiwan High Court to be in life-threatening danger, the public was left completely baffled.

On the day Wu Tse-yuan was released on bail, a TVBS reporter interviewed me, and I stated, "If other defendants with the exact same physical condition as Wu Tse-yuan cannot obtain bail, and Wu Tse-yuan can only obtain bail because of his status and position, this is privilege, not human rights." The reporter pressed further, asking, "Are there really defendants whose lives are in danger who cannot obtain bail?" I answered, "Yes."

Lai Sung-yuan, former director of the Construction Bureau of the Miaoli County Government, received a witness subpoena in May 1995 from Prosecutor Chiu Mao-jung of the Hsinchu District Prosecutors Office. After Lai Sung-yuan appeared in court to testify on May 12, Prosecutor Chiu reclassified him as a defendant and detained him incommunicado on grounds of suspected collusion. Seventy-year-old Lai Sung-yuan was already physically frail before his detention and suffered from multiple ailments. Shortly after his detention, Lai Sung-yuan's health further deteriorated. His defense counsel applied to Prosecutor Chiu for bail seven times, either orally or in writing, attaching hospital diagnostic certificates. The diagnostic certificates stated that Lai Sung-yuan suffered from hyperglycemia, hepatic cysts, biliary calculi, duodenal ulcers, chronic obstructive pulmonary disease, and other conditions; however, Prosecutor Chiu completely ignored them. On July 28, 1995, the incommunicado order was lifted, but he remained detained. During a prison visit, Lai Sung-yuan told his son: "Use any means necessary, pull every string to get me out on bail, because your father can't take much more." A detention center guard once scolded Lai Sung-yuan's son, saying: "Your father is in such poor health; you'd better figure something out and get him out of here. Otherwise, if something happens on my night shift, I'll be the one in trouble."

On August 5, 1995, the Hsinchu Detention Center took the initiative to send an official letter to Prosecutor Chiu: "Lai Sung-yuan is of advanced age, frail, and sickly. There is concern that his past ailments may resurface and pose a life-threatening risk." Prosecutor Chiu turned a blind eye and simply filed it for reference. On the morning of August 31, 1995, Lai Sung-yuan's family learned that the chairman of a certain local construction company was acting as an intermediary and that bail could be secured for NT$500,000. That afternoon at 2:00 PM, they delivered the NT$500,000 to the intermediary's home, submitted the bail application to the Miaoli Office of the Prosecutors Office at a little past 3:00 PM, and were notified of the bail around 4:00 PM. On September 1, 1995, Lai Sung-yuan left the detention center after 112 days of detention and was immediately sent to a hospital. On September 3, examinations confirmed that he was suffering from terminal rectal cancer, and he passed away on October 24, 1995.

Wu Tse-yuan, full of life and vigor, was granted bail and could attend the National Judicial Reform Conference, whereas Lai Sung-yuan, whose life was truly in danger, was denied bail and detained to death. Lai Sung-yuan's son told me with tears streaming down his face: "If bail required money, why didn't you say so earlier? My father didn't even get a chance to defend himself." Gazing at the scales symbolizing justice, I truly do not know what fairness is!

The three High Court judges who ruled to grant Wu Tse-yuan bail are still serving as judges at the High Court, without any disciplinary action or accountability. Prosecutor Chiu Mao-jung, who arbitrarily detained Lai Sung-yuan, was impeached by the Control Yuan and given a demerit by the Disciplinary Court, but he still serves as a chief prosecutor at the Panchiao District Prosecutors Office.

For judicial reform, the public does not ask for much—they only ask for fairness!