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.

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