Chiang Kuo-ching Case
On January 28, 2011, the Taipei District Prosecutors Office summoned the suspect Hsu Jung-chou for questioning, causing public opinion to surge instantly. The news that "the real killer has emerged" led everyone to reflect on whether "Chiang Kuo-ching was wrongfully put to death."
In fact, as early as May 12, 2010, the Control Yuan had already issued an official correction to the Ministry of National Defense, demanding that extraordinary appeals and retrials be initiated for this case, and that relevant derelict personnel be investigated and severely punished. Regarding the criminal investigation portion, it was transferred by the Ministry of Justice to the Prosecutor-General of the Supreme Prosecutors Office and the National Police Agency under the Ministry of the Interior for continued investigation. However, the Supreme Military Prosecutors Office of the Ministry of National Defense not only failed to study the matter based on the investigative opinions, but instead rejected the motion for an extraordinary appeal filed by Chiang Kuo-ching's family.
On February 1, 2011, the pro bono legal team assembled for the Chiang family with the assistance of JRF filed papers with the military court, representing Chiang Kuo-ching's mother in applying for a retrial with the military court. They hoped that through the retrial procedure, Chiang Kuo-ching's death sentence could be revoked, thereby establishing a legal basis for subsequent compensation for wrongful imprisonment and holding the illegal and derelict personnel accountable. As for the issue of state compensation, which the Ministry of National Defense was legally empowered to initiate proactively, the legal team also maintained that the Ministry of National Defense should compensate immediately without delay, so as to demonstrate its determination to admit fault and apologize.
At 9:00 AM on September 13, 2011, the Northern Taiwan Regional Military Court rendered a retrial verdict acquitting Air Force private Chiang Kuo-ching in accordance with statutory procedures. The Ministry of National Defense additionally stated that it would fully assist the Chiang family in handling matters related to criminal compensation.
JRF immediately issued a statement at 11:00 AM, pointing out that the Taipei District Prosecutors Office had concluded in its continued investigation in mid-July that if the charges against Chen Chao-min and others for homicide, abusing power to prosecute leading to death, or unlawful detention leading to death were established, they would still fall within the 20-year statute of limitations. Now that Chiang Kuo-ching has been acquitted, the Taipei District Prosecutors Office, which is responsible for establishing accountability, should also accelerate its pace to give the public a clear and definitive account.
On October 26 of the same year, following the military court's retrial verdict acquitting Chiang Kuo-ching, compensation totaling NT$131,850,000 was approved for this case. However, we believe that monetary compensation is by no means the end of the Chiang case; subsequent reviews and continued investigations are the key. We hope that all sectors of society will continue to care about the development of this case and guide the path for judicial justice.
On July 13, 2011, the Taiwan High Prosecutors Office remanded the case back to the Taipei District Prosecutors Office for further investigation. After 408 days of a long wait, the further investigation was concluded on August 24, 2012, and Chen Chao-min and others were once again granted a non-prosecution disposition. Our Foundation fiercely rebuked: The Taipei District Prosecutors Office is once again fussing over the statute of limitations, and actually concluded that Chen Chao-min had the authority to order subordinates to commit illegal acts yet did not commit a crime? This is sheer nonsense!
Starting in September 2012, our Foundation launched a series of campaigns: "Indict Chen Chao-min, Claim Wrongful Compensation!"
Regarding criminal accountability, the High Prosecutors Office revoked the Taipei District Prosecutors Office's second non-prosecution disposition in mid-December 2012 and remanded the case. Regarding civil accountability, after paying over NT$100 million in criminal compensation for the Chiang Kuo-ching case, the Ministry of National Defense sought recourse against the public officials who committed illegal acts and dereliction of duty.
From the first court hearing on September 4, 2012, to May 29, 2014, the recourse case held a total of 13 hearings. On May 29, 2014, the judgment was rendered: Chen Chao-min and Ko Chung-ching were ordered to compensate NT$14,740,714; Ho Chu-yao and Tsao Chia-sheng were ordered to compensate NT$8,598,750; Li Chih-jen was ordered to compensate NT$12,898,125 (limited to the scope of his estate).
The Chiang case is not yet over; we continue to follow it closely.
Related Documents
| Date | Content | Remarks |
|---|---|---|
| 1996/10/28 | Air Force Operations Command - 85th Year Jui-Su Verdict No. 45 Indictment | Indictment |
| 1996/12/30 | Air Force Operations Command - 85th Year Ching-Pan Verdict No. 61 Judgment | Guilty |
| 1997/03/27 | Ministry of National Defense - 86th Year Fu-Kao-Tse-Chien Verdict No. 2 Judgment | Guilty |
| 1997/06/19 | Air Force Operations Command - 86th Year Ching-Pan Verdict No. 21 Judgment | Guilty |
| 1997/07/29 | Ministry of National Defense - 86th Year Fu-Kao-Tse-Chien Verdict No. 6 Judgment | Guilty |
| 2010/05/13 | Control Yuan Correction Case - 099 Ssu-Cheng 0004|Press Release | Control Yuan corrects Ministry of National Defense Demands filing of extraordinary appeal and retrial |
| 2010/05/13 | Control Yuan Investigation Report - Document No. 0970800125 | |
| 2011/09/13 | Northern Taiwan Regional Military Court - 100th Year Tsai Verdict No. 001 Judgment | Acquitted |
| 2014/07/24 | Control Yuan Investigation Report - Document No. 0990800537 |

2021
Who Made the Evidence Lie?
Originally published in 2011 and republished in 2021, this op-ed revisits forensic failures exposed by the wrongful…
2016
Anyway, the Military Security Command is "One of Us"
In fact, the true core of the problem is that judicial police officers "all" abuse their power, regardless of whether…
2016
Judicial Transitional Justice Begins with the Court Accepting the Trial of Chen Chao-Min!~Press Conference on the "Application for Committal to Trial" in the Chiang Kuo-ch'ing Case
The Judicial Reform Foundation calls on the new generation of judges and prosecutors: rather than being passively…
2015
Ch'en Chao-min Never Interfered with the Trial! Prosecutor-General Tsai, Do You Really Believe This? ~ Press Conference on the Third Motion for Re-appeal in the Chiang Kuo-ching Case
This marks the Taipei District Prosecutor's Office's third non-prosecution disposition for Ch'en Chao-min and others,…

2015
Who is Protecting Ch'en Chao-min?~Press Conference Requesting "Chief Prosecutor Tsai Pi-yu to Personally Handle the Chiang Kuo-ching Case"
October 10 of this year marks what would have been Chiang Kuo-ching's 40th birthday. Yet, infuriatingly, even though…

2015
Reflections on Chief Prosecutors' Reassignments, Taking Yang Chih-yu as an Example
A strong critique is leveled against Yang Chih-yu for no other reason than that the Chief Prosecutor of the Taipei…
2014
Why Do Evidences Lie? — DNA Testing Errors in the Chiang Kuo-ching Case
October 10 is National Day, and it is also the birthday of Chiang Kuo-ching. However, Chiang Kuo-ching was born on…
2014
Should the Taipei District Prosecutors Office Be Abolished Instead? ~ Indict Ch'en Chao-min! Seek Compensation for Wrongful Execution!
Calls to abolish the Control Yuan have been mounting recently. However, yesterday (July 10), Control Yuan members…
2014
The Chiang Case Is Not Yet Over, and Our Steps Will Not Stop!
You may have heard of the Chiang Kuo-ching case, but did you know that since Chiang Kuo-ching was wrongfully executed…
2014
Did the Ministry of National Defense Accidentally Win a Rigged Game?
Winning a lawsuit usually brings joy. In the civil liability proceedings of the Chiang Kuo-ch'ing case, where the…
2014
The Ministry of National Defense's Litigation Scorecard? Indict Ch'en Chao-min! Seek Compensation for the Wrongful Execution! ~ Press Release and Post-Judgment Statement
Although Chiang Kuo-ch'ing has been cleared, he has yet to be truly vindicated. We demand that the state courageously…
2013
"Caring for Hung Chung-chiu, Do Not Forget Chiang Kuo-ch'ing: Ministry of National Defense, Where is the Compensation You Promised?" Press Release
Regarding today's (August 2) 7th civil court session for the Ministry of National Defense's claim for compensation…