Eliminating Law Enforcement Environments That Breed Violence: Three-Point Statement by the JRF on the Chung-ho Police Brutality Incident

Photo/Screenshot from My Purple Robe Dream - Prosecutor's Diary of 3 Years and 9 Months

Regarding the incident on April 7 where an officer from the Chung-ho Precinct of the New Taipei City Police Department kicked a juvenile in the head while subduing him for driving without a license, and officers allegedly collectively yelled "Get down here!" and "Let me feed you a 'bullet' (ching-chi)"¹ at citizens questioning their law enforcement methods, the Foundation issues the following three-point statement:

1. The New Taipei City Police Department Should Thoroughly Review the Incident and Publish an Investigation Report

   Police officers are the guardians of the people and must fulfill their duty to protect the public. Their means and objectives must be proportional, and law enforcement should never be used as an excuse to inflict excessive force on citizens. The physical and mental suffering caused by the use of disproportionate force may violate Article 7 of the International Covenant on Civil and Political Rights. Although the Inspectorate Division of the New Taipei City Police Department has issued two administrative reprimands to the officer who kicked the juvenile in the head, the systemic causes of this incident still require review. The Foundation calls upon the New Taipei City Police Department to thoroughly review the course of events and causes of this incident and to publish a review report.

2. The New Taipei District Prosecutors Office Should Proprio Motu Initiate an Investigation into the Unlawful Violence

   The act of a police officer kicking a citizen in the head in the footage, if causing bodily injury, may constitute the crime of injury under the Criminal Code. Furthermore, offenses committed by public servants while executing their duties are not offenses subject to complaint, meaning prosecutors, as the principal investigative authorities, must proprio motu initiate an investigation. With clear video footage of this incident causing a public uproar, the New Taipei District Prosecutors Office should proactively initiate an investigation to deliver justice to the victim and allow the judicial system an opportunity to help establish boundaries and standards for law enforcement.

3. The Ministry of the Interior and the National Police Agency Must Bear Responsibility for Systemic Reform and Establish a Law-Abiding Law Enforcement Environment

   The stress and behavioral performance of frontline law enforcement are not merely matters of emotional mismanagement by individual officers, but involve broader issues of performance evaluation systems, managerial culture, and constitutional literacy training. Following this incident, the fact that the New Taipei City Police Department subsequently commended the involved officer and even issued public statements, coupled with the silence of the National Police Agency, demonstrates that the police system's adherence to the rule of law requires reform from the top down. The Ministry of the Interior and the National Police Agency must not stand idly by regarding systemic reform and should explicitly state their review and reform measures.

   Having experienced a history of authoritarian rule, Taiwan's police historically abused state power to inflict violence on citizens, earning the notorious moniker of "badges-wearing gangsters." Today, as Taiwan has become a nation that values democracy and the rule of law, it is the most basic requirement that police law enforcement must comply with the principle of proportionality. The Foundation looks forward to joint efforts by the police, prosecutors, and civil society to make this incident an opportunity for thorough review and reform, to abandon an enforcement culture that seeks only results regardless of the process and even breeds violence, and to practice law enforcement in accordance with the law.

The Judicial Reform Foundation has long concerned itself with the issue of state violence and continues to assist victims—such as those from the March 24 Executive Yuan forced eviction incident and the April 28 anti-nuclear sit-in forced eviction incident—in holding state actors accountable for violence.

If citizens encounter illegal police brutality and require assistance, please call our hotline (02-2542-1958, 14:00-18:00) to get in touch with us. This year, the Foundation has also partnered with prosecutor and police allies to establish a Special Prosecution and Police Reform Group, hoping to improve problems from a systemic perspective, prevent frontline officers from becoming scapegoats for systemic issues, and fundamentally prevent incidents of state violence. We warmly invite those with aspirations to join our ranks.

Note 1: After listening repeatedly, the Foundation considers the phrase "Let me feed you a 'bullet' (ching-chi)" to still be subject to dispute, and hereby notes this reservation.