First-Instance Verdict for Splashing Paint on National Police Agency Gate on 4th Anniversary of March 24: Six Defendants Found Guilty, Authoritarian Criminal Laws Await Decriminalization

At 9:30 AM today (9th), the Criminal Division of the Taipei District Court announced its verdict on the paint-splashing incident concerning the fourth anniversary of the March 23 incident. The six defendants were found guilty of property damage and sentenced to 30 days of detention, commutable to a fine.

The volunteer defense team expresses regret and disappointment over this verdict. They also call on all sectors to continue paying attention to issues such as the unconstitutional concerns regarding the crime of insulting a public office—the statutory charge in this case—and the fact that the police officers who used violence during the March 24 Executive Yuan eviction incident have yet to be held accountable.

Six and a Half Years Since the Executive Yuan Eviction Incident on March 23, Violent Police Officers Still Not Found

It has been six and a half years since the Executive Yuan eviction incident on March 23. Regarding the citizens injured that night due to unlawful police violence, according to records from the Ministry of Health and Welfare's emergency medical system alone, major hospitals dispatched at least 61 ambulance trips, and over 200 people sought medical treatment at hospitals as a result of this eviction action. On July 16, the Control Yuan just released the 109 Nei Tiao 0077 investigation report, censuring the National Police Agency and reaffirming the fact that police officers unlawfully used violence to disperse the crowd that night.

However, over the past six and a half years, whether through filing private prosecutions, state compensation claims, petitions to the Control Yuan, or requesting councilors to interpellate, citizens and civil organizations have tried various channels to actively urge police and judicial units to assist in pursuing accountability. To this day, however, not a single police officer who committed acts of violence against citizens that night has faced administrative punishment or criminal prosecution, nor has any police superior been held responsible.

This case occurred on the fourth anniversary of the March 23 incident. In response to the National Police Agency's failure to actively investigate the truth and pursue accountability for relevant individuals, the defendants splashed paint and wrote phrases such as "Hand over the March 23 violent police" and "Do not forget March 23" on the gates and walls of the National Police Agency, demonstrating their dissatisfaction with the government agency's dereliction of duty and evasion of responsibility. Consequently, however, they were prosecuted for the offenses of property damage and insulting a public office.

Six Defendants Found Guilty, Authoritarian Criminal Laws Await Decriminalization

According to scholarly research, the crime of insulting a public office has existed and persisted since the Qing Penal Code, which was modeled after the old French Penal Code adopted by Japan. Taiwan has transitioned from authoritarianism to democracy for over 30 years, and whether such an authoritarian-tinged crime of insulting a public office possesses any legitimacy has long been questioned by all sectors. The existence and application of this offense not only potentially infringe upon the people's freedom of speech in monitoring the government, but also substantially hinder social communication and dialogue.

The Constitution affords the utmost protection to political speech precisely to grant citizens with less power the opportunity to use speech to urge government action. Recently, we have witnessed governments in places like China, Hong Kong, Singapore, and Thailand incessantly employing state power to arrest and prosecute social activists and suppress freedom of speech. At this moment, Taiwan's achievements in democratic freedom and the practical realization of human rights are of particular importance to regional human rights development.

The court in this case did not accept the volunteer defense team's motion during the litigation to suspend the trial and petition the Grand Justices for an interpretation regarding the crime of insulting a public office. Furthermore, it sentenced the six defendants guilty of property damage today. After the razor wire and gates were splashed with paint that night, they were quickly restored to their original state. The volunteer defense team has not yet seen the reasoning behind the judgment and feels quite perplexed by this outcome. Nevertheless, we must emphasize that we feel deeply regretful to see the judicial system convict defendants in contemporary Taiwan, which prides itself on being free and democratic. Upon receiving the judgment, the volunteer defense team will discuss with the defendants to decide whether to appeal. We still hope that Taiwan's precious democratic social and civic space can continue to draw strength through the stimulation and reflection of speech.

Attendees and Representatives

Defendants
Chuang Ch'eng-yang, Chang Ti-hao

Attorneys
Lin Chien-hung, Lin Chun-hung, Li Ling-wei, Huang Yü-chung, Ch'en Li-t'ing, Chang Ning-chou, Ch'en Hung-ch'i

Press Contact

Attorney Li Ming-ju, Staff Attorney, Judicial Reform Foundation