Monitoring the Ruling Power is the Duty of Reform Groups: A Response to Chien-Ch'ing Prosecutors Reform's Statement of May 7, 2020

In response to the statement issued today by the prosecutors' reform group, Chien-Ch'ing Prosecutors Reform, entitled "Urging the JRF to Maintain a Consistent Stance and Not Use Public Outrage Over the Police Killer's Acquittal to Smuggle in Lay Judge Systems," the Foundation solemnly clarifies the following:

1. In our May 3, 2020 statement regarding the verdict in the train police-stabbing case, entitled "The Responsibility of Those in Power is to Improve the System; Please Do Not Intervene in Individual Judicial Cases—A Response to the Chiayi District Court's 108-Nien-Chung-Su-Tzu No. 6 Train Police-Stabbing Case Verdict," the Foundation did not mention the issue of the jury or lay participation systems at all. The statement by Chien-Ch'ing Prosecutors Reform is contrary to the facts.

2. The Foundation participated in two civil society organization meetings on April 24 and 29, jointly initiating the "Grand Alliance for the Parallel Pilot Implementation of Jury and Lay Participation Systems." The press conference for the alliance's establishment on May 4 and this Friday's (the 8th) rally were planned prior to the April 30 verdict in the police-stabbing case. The Foundation did not dance to the tune of public opinion for advocacy purposes; rather, at a time when public support was urgently needed, we were willing to stand in opposition to public opinion to voice our defense and support for independent judicial adjudication. It is thus evident that the claim regarding "using public outrage over the police killer's acquittal to smuggle in the jury system" is merely an inappropriate media connection and a deliberate smearing campaign by other groups.

3. Grand Justice Lü T'a-lang, former Secretary-General of the Judicial Yuan, took the initiative to invite the Judicial Reform Foundation and the Taiwan Association for Parliament/Jury Systems to negotiate the parallel pilot implementation of the jury and lay participation systems under the Draft Act for Criminal Trials with Citizen Participation starting from December 22, 2018. (Negotiation Schedule and Negotiated Draft) The Judicial Yuan's invitation to civil society organizations to participate in legislative amendments has nothing to do with the provisions of the Lobbying Act. The questions raised by Chien-Ch'ing Prosecutors Reform regarding whether this violates the Lobbying Act are legally groundless.

4. Reform requires joint efforts both within and outside the system. What prosecutors' reform groups should truly be doing is joining hands with civil society to call upon the Minister of Justice, the Premier, and the President not to interfere in individual cases, thereby returning the space for professional judgment to prosecutors and judges. Monitoring those in power is the duty of reform groups; smearing civil society organizations and shielding the arbitrary high-handedness of the Judicial Yuan is of no help whatsoever to reform.

Press Contact

Lawyer Lin Yung-sung, Chairman of the Judicial Reform Foundation