An Uphill Battle in Prosecuting State Violence: First Verdict Delivered in the March 24 Private Prosecution Cases

On Thursday, July 18, at 11:00 AM, the Criminal Division of the Taipei District Court will deliver its first-instance verdict on the private prosecution case filed by former legislator Ch'ou Ni-an against former Taipei City Police Department Commissioner Huang Sheng-yung regarding the "March 24 Executive Yuan Eviction Incident." On that day, the volunteer legal team and the Judicial Reform Foundation will hold a press conference regarding the verdict at the main entrance of the Taipei District Court.

More than five years have passed since the "March 24 Executive Yuan Eviction Incident." The public's path to prosecuting state violence has been fraught with difficulties. Except for Taichung teacher Lin Ming-hui, who won a state compensation lawsuit through the Act Governing the Use of Police Weapons, other cases have struggled to proceed smoothly (see the table below). Even though over 40 people have filed private prosecutions, the vast majority were dismissed, and the "unidentified police officers" who committed violence that night have not been identified. The plaintiffs, who initially held hope in the judiciary, have grown fatigued and disappointed one by one, gradually withdrawing from the litigation efforts. However, the private prosecutor in this case, Ms. Ch'ou Ni-an, along with 29 victims and 33 lawyers from the volunteer legal team, continue their persistent efforts to seek justice.

In the early morning of March 24, 2014, concerned that the conflict would escalate, Ms. Ch'ou Ni-an went to the plaza in front of the Executive Yuan in her capacity as a legislator to show support for the students staging a peaceful sit-in. While communicating with the police to prevent forced eviction methods, she was caught in the confusion behind a human wall formed by the police and was beaten with police batons. This resulted in a fracture of her right orbital bone, a contusion of the left costal cartilage, contusions on her head, face, chest wall, hip, and other body parts, as well as a concussion. After regaining consciousness in the National Taiwan University Hospital emergency room, she filed a criminal complaint against Huang Sheng-yung, the Taipei City Police Department Commissioner then in charge of commanding and executing the clearance operation.

Taiwan has experienced a period of authoritarian rule, and its democratic transition has now spanned over 30 years. Historical accountability is crucial for transitional justice because, during the authoritarian era, victims' wounds often remained invisible to the outside world and had to be silently endured. If state violence as blatant as the March 24 Executive Yuan Eviction Incident—which was extensively documented by modern equipment—can have the suffering of its participants brought to light during the trial process, it will demonstrate that our judiciary has changed from the past.

This case marks the first time among related litigation proceedings that a movement participant has been permitted to fully present statements in court in the capacity of a victim, articulating their experiences and feelings of being subjected to police violence that night. Regardless of the verdict, this holds extraordinary historical significance. We also anticipate that the court will deliver a verdict that provides the private prosecutor, the victims, and Taiwanese society with a means to ascertain the truth of the incident and clarify the attribution of responsibility.

We sincerely invite all citizens who care about the March 18 Sunflower Student Movement, state violence and transitional justice, and freedom of assembly and the democratic constitutional order to join us at 11:00 AM on the morning of July 18 at the main entrance of the Taipei District Court to participate in the verdict press conference and witness a historic moment.

Time

Thursday, July 18, 2019, 11:00 AM

Location

Main Entrance, Taipei District Court (No. 131, Bo'ai Rd., Zhongzheng Dist., Taipei City)

Case Progress

d rowspan="10">Ch'ou □□ passed away on March 31, 2015, and 37 victims assumed this litigation. After the court subsequently ruled to dismiss the private prosecution, 23 people filed interlocutory appeals, which are currently remanded to the High Court for retrial.

No.	Private Prosecutor	Defendant
		Unidentified Violent Police Officers	Huang Sheng-yung (Then-Taipei City Police Commissioner)	Chiang Yi-huah (Then-Premier of the Executive Yuan) Wang Cho-chiun (Then-Director-General of the National Police Agency) Fang Yang-ning (Then-Chief of Zhongzheng First Precinct)	Hsueh Wen-jung (Then-Chief of Da'an Precinct) Yang Hung-cheng (Then-Chief of Nangang Precinct)
1	Ch'ou □□	Private prosecutor did not file charges	Court dismissed (The legal team attempted to merge this case with the Ch'ou Ni-an case, but it was rejected; opinions could only be expressed in the capacity of a victim)	Private prosecutor did not file charges
2	Wang oo	Final dismissal of judgment, constitutional interpretation pending (The legal team attempted to merge this case with the Ch'ou Ni-an case, but it was rejected; opinions could only be expressed in the capacity of a victim)		Private prosecutor did not file charges
3	Ch'ou Ni-an	Court dismissed	This case	Private prosecutor did not file charges
4	Hsiao oo	Private prosecutor did not file charges	Court dismissed (The legal team attempted to merge this case with the Ch'ou Ni-an case, but it was rejected; opinions could only be expressed in the capacity of a victim)	Private prosecutor did not file charges
5	Lin oo and 18 others	Only 2 people appealed to the Supreme Court		Among them, 2 filed private prosecutions against Hsueh Wen-jung—the court dismissed the case for 1, while the other is undergoing first-instance trial; additionally, 3 filed private prosecutions against Yang Hung-cheng, which are similarly undergoing first-instance trials
6	Huang oo and 22 others	Final loss in lawsuit		Private prosecutor did not file charges
7	Hsu oo	Court dismissed		Private prosecutor did not file charges
8	Ch'ou oo	Court dismissed		Private prosecutor did not file charges
9	Chiang oo	Court dismissed		Private prosecutor did not file charges
10	Liao oo	Private prosecutor did not file charges		Private prosecutor did not file charges