Recommendations for Talent Selection in the Nomination of the 6th Control Yuan Members

Recipient: Secretary-General to the President
Date of Issue: March 9, 2020
Document Number: Szu-Kai-Tzu No. 109033
Speed:
Class of Secrecy and Declassification Conditions or Period of Confidentiality:
Attachments: As stated

1. According to Presidential Office Official Document Hua-Tsung-Yi-Chih No. 10910010730 dated February 18, 2020, the Review Committee for competence in nominating the 6th Control Yuan Members is widely soliciting recommendations from all sectors for qualified nominees. Upholding our stance on judicial oversight, our Foundation does not endorse individual candidates, but instead puts forth general recommendations regarding the qualifications and criteria for nomination as a reference for the President and the Committee in selecting talent.

2. First, pursuant to the amendments to the Control Act and the Organic Act of the National Human Rights Commission of the Control Yuan passed last year, in addition to the President of the Control Yuan serving as the chairperson of the "National Human Rights Commission," seven members with human rights backgrounds will serve as ex-officio members of the Commission. The "National Human Rights Commission" is tasked with gathering information, investigating facts, and submitting recommendations to the executive, legislative, and judicial branches through a firm grasp of international human rights law and international jurisprudence. Therefore, our Foundation recommends prioritizing the selection of experts and scholars who have long been devoted to the field of human rights protection and possess practical NGO experience, while emphasizing the need to systematically monitor the implementation status of various conventions, ensuring that the appointments do not degenerate into political patronage and spoils.

3. Second, unlike the research and systematic recommendations provided by the "National Human Rights Commission," specific cases petitioned by citizens still rely on other Control Yuan members and the Control Yuan's "Judiciary and Prison Administration Committee" for investigation and handling. Regarding the 19 Control Yuan members other than the President, Vice President, and the 7 ex-officio members, our Foundation recommends allocating professional human resources in corresponding proportions based on the types and quantities of petitions received by the Control Yuan. According to the Control Yuan's official statistics, judicial and prison administration cases rank first among all petition types submitted by citizens, and their proportion among all cases has risen year by year, reaching 41% in 2019 (see Table 1). To this end, our Foundation recommends that among the 19 Control Yuan members excluding the President, Vice President, and 7 ex-officio members, at least 40% should be nominated from qualified candidates possessing the competence to handle judicial and prison administration cases, ensuring sufficient human resources to meet public expectations regarding the exercise of the Control Yuan's powers.

   Table 1: Statistics on Judicial and Prison Administration Cases in Citizen Petitions Received by the Control Yuan

   	2014	2015	2016	2017	2018	2019
   Total Number of Citizen Petitions Received	14,675	13,730	13,666	15,128	16,419	14,425
   Number of Judicial and Prison Administration Cases	4,853	4,913	4,890	5,969	7,040	5,888
   Percentage of Judicial and Prison Administration Cases	33%	36%	36%	39%	43%	41%
   Source: Control Yuan Official Statistics: Statistics on the Receipt and Processing of Citizen Petitions

4. Finally, among the aforementioned judicial and prison administration cases, "wrongful convictions and miscarriages of justice" and "unfit judges and prosecutors" constitute the primary categories. In particular, cases concerning "unfit judges and prosecutors" represent the category with the highest number of civil servant impeachments by the Control Yuan (see Table 2). Control Yuan members handling these two types of cases must not only possess professional legal knowledge and practical experience, but also demonstrate sufficient dynamism in questioning and overseeing judicial quality. If they are appointed from judges and prosecutors who still retain personal and political ties within the judicial system, it is especially crucial to verify whether they possess the aforementioned capabilities. To this end, our Foundation recommends that when nominating candidates with the capability to handle judicial and prison administration cases, priority should be given to legal professionals from civil society who have long been devoted to the theory and practice of criminal miscarriage redress, as well as those with proven performance in the practical work of eliminating unfit judges and prosecutors. This will ensure an adequate number of Control Yuan members with a professional legal background, thereby elevating the quality and standards of the Control Yuan in handling judicial and prison administration cases.

   Table 2: Number of Judges and Prosecutors Impeached by the Control Yuan

   	2014	2015	2016	2017	2018	2019
   Impeached Civil Servants	19	28	61	27	27	25
   Impeached Judges	4	2	1	0	4	2
   Impeached Prosecutors	5	0	2	2	2	1
   Percentage of Judges and Prosecutors	47%	7%	5%	7%	22%	12%
   Source: Control Yuan Official Statistics: Statistics on the Receipt and Processing of Citizen Petitions

5. The foregoing recommendations are respectfully submitted for forwarding to the President and the Nomination Review Committee for reference and consideration.