Chiang Kuo-ching Case

Chiang Kuo-ching Case

In September 1996, a young girl surnamed Hsieh was sexually assaulted and murdered inside the compound of the Air Force Operations Command located in Kungkuan, Taipei City's Daan District. Within a month, Chiang Kuo-ching, a 20-year-old private first class at the time, was identified as the perpetrator, prosecuted under military law, and executed by firing squad in August 1997. 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." 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. Although Chiang's case has been vindicated, accountability has yet to be established, and we continue to follow this matter closely.

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  
01Aug.
2013

"Care for Hung Chung-chiu, Do Not Forget Chiang Kuo-ch'ing: Ministry of National Defense, What Happened to the Claim for Compensation?" Press Conference ~ Indict Ch'en Chao-min! Claim Compensation for Wrongful Execution! Court Observation of the Seventh Civil Compensation Case

Judicial Reform Foundation

The Hung Chung-chiu case has placed immense pressure on the Ministry of National Defense, which is the result of the…

30Jun.
2013

Reviewing Wrongful Convictions Is the Only Way to Prevent Them: Reflections on the Non-Prosecution Disposition of the Author of "Fatal Scientific Evidence in the Wrongful Death of Chiang Kuo-Ching"

Lee Jun-yih / Professor, Institute of Forensic Medicine, National Taiwan University

More than two years have passed since the media sensationally broke the Chiang case, and the president at the time…

26Jun.
2013

Gazing at Human Frailty, Recognizing the Evil of Torture: June 26 International Day in Support of Victims of Torture | Bearing Witness to Torture Survivors

Judicial Reform Foundation

Torture is a punishment that inflicts severe physical or mental suffering, taking many forms from tangible to…

02Apr.
2013

JRF Statement on the Acquittal of Hsü Jung-chou in the Second Instance

Judicial Reform Foundation

Regarding today's (April 2) ruling by the Taiwan High Court in the 101st-year Chu-Shang-Tzu No. 1 murder case against…

22Mar.
2013

The Voice of the Suffering: Death Penalty Wrongful Convictions Inflict Suffering on More People

Judicial Reform Foundation, Taiwan Alliance to End the Death Penalty, Taiwan Association for Innocence, Taiwan Association for Human Rights, Association for Humanistic Education

The report claimed that "the Cheng family frequently knocked on doors, reaching out to Su's wife through legislators,…

13Mar.
2013

Judge Rebukes Ministry of National Defense for Delaying Tactics, Four Hearings Yield No Progress—Post-Court Observation Statement on the Ministry of National Defense's Civil Suit for Compensation against Ch'en Chao-min and Others in the Chiang Kuo-ch'ing Case

Judicial Reform Foundation

Regarding today's (13th) civil court hearing on the Ministry of National Defense seeking compensation from Ch'en…

16Jan.
2013

"The Court is a Battlefield, and the Ministry of National Defense is Missing the Target!?" ~ Indict Ch'en Chao-min and Claim Compensation for Wrongful Execution! ~ Event Series (8)

Judicial Reform Foundation

Although Chiang Kuo-ch'ing has been cleared, he has yet to receive true vindication. We demand that the state…

16Jan.
2013

Ministry of National Defense's Claim for Damages Against Ch'en Chao-min and Others Continues to "Miss the Target"

Judicial Reform Foundation

Since the first court hearing of this case on September 24, 2012, the judge questioned the Ministry of National…

09Dec.
2012

JRF Statement on the Taiwan High Prosecutors Office's Decision to Revoke the Non-Prosecution Disposition for Ch'en Chao-min

Judicial Reform Foundation

According to media reports today, the Taiwan High Prosecutors Office is about to remand the non-prosecution disposition…

21Nov.
2012

Court Hearing for the Chiang Kuo-ching Case Compensation Claim: Ministry of National Defense, Please Step It Up! ~ Post-Court-Observation Statement by the Citizens' Court Observation Group on the Ministry of National Defense's Claim for Compensation Against Ch'en Chao-min and Others

Judicial Reform Foundation

Regarding today's (the 21st) civil court hearing on the Ministry of National Defense's claim for compensation for the…

18Oct.
2012

Press Conference on "Submitting 12,506 Petition Signatures for the Chiang Kuo-Ch'ing Case to the Taiwan High Prosecutors Office, Demanding Accountability!" ~ "Indict Ch'en Chao-min, Seek Compensation for Wrongful Execution!" Campaign Series (Part 6)

Judicial Reform Foundation

Today, we delivered the petition signed by 12,506 individuals to the Taiwan High Prosecutors Office. Like these 12,506…

10Oct.
2012

Double Ten Commemoration for Chiang Kuo-ch'ing: 10 Minutes and 10 Seconds of Silence to Mark Chiang Kuo-ch'ing's 37th Birthday

Judicial Reform Foundation

37 years ago today, Chiang Kuo-ch'ing was born. On the National Day in 1965, the celebration was grand and the…