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  
07Oct.
2012

Please Seriously and Solemnly "Hold Them Accountable", Formation Event! — "Indict Ch'en Chao-min, Seek Compensation for Wrongful Execution!" Series of Events

Judicial Reform Foundation

If you have been following the Chiang Kuo-ch'ing case, you will notice that following the President's apology and state…

24Sep.
2012

Who Should Foot the Bill for Chiang Kuo-ch'ing's Wrongful Execution? ~ Press Conference on the Citizens' Court Observation of the Ministry of National Defense's Claim for Damages Against Ch'en Chao-min et al.

Judicial Reform Foundation

Following successive seizure and attachment procedures, the Taipei District Court finally officially initiated the…

24Sep.
2012

Who Should Pay for the Wrongful Execution of Chiang Kuo-Ch'ing? Ministry of National Defense's Civil Recourse Action Against Ch'en Chao-min: Post-Court Observation Statement

Judicial Reform Foundation

The Foundation's statement following court observation of the Ministry of National Defense's civil recourse action for…

06Sep.
2012

"Application for Re-investigation" and We "Care"! Press Conference on Applying for Re-investigation with Chiang's Mother over the Wrongful Execution of Chiang Kuo-ch'ing without Accountability

Taiwan Association for Human Rights

The Taipei District Prosecutors Office recently issued another non-prosecution disposition regarding the case where…

29Nov.
2011

Ministry of National Defense Delivers Compensation for the Chiang Case ~ JRF Statement

Judicial Reform Foundation

The Ministry of National Defense has officially delivered the compensation to Chiang Kuo-ch'ing's mother, Wang…

03Nov.
2011

Flaws in Forensic Science and Criminal Investigation Exposed by the Chiang Case: Comparing the Reasoning in the Guilty and Not-Guilty Verdicts

Hsiao I-min / Executive Secretary, Judicial Reform Foundation

Chiang Kuo-ching was targeted as the perpetrator because he failed a lie detector test, and he was later acquitted…

27Oct.
2011

Financial Compensation Is Not the End; Subsequent Review and Continued Investigation Are the Key—Statement on the Ministry of National Defense Military Court's Approval of Criminal Compensation for Chiang Kuo-ch'ing

Judicial Reform Foundation

Following the retrial verdict acquitting Chiang Kuo-ch'ing, the military court yesterday approved a compensation award…

13Sep.
2011

Chiang Kuo-ch'ing Finally Vindicated, with Statute of Limitations Not Exceeded: Taipei District Prosecutors Office Urged to Expedite Accountability

Judicial Reform Foundation

Regarding the acquittal of Chiang Kuo-ch'ing, the Foundation respectfully expresses the following views.

08Jun.
2011

What Can Chiang Kuo-ch'ing's Blood Be Exchanged For?

Judicial Reform Foundation

The Northern Military Court of the Ministry of National Defense held the first preparatory hearing for the retrial of…

24May.
2011

JRF's Statement on the Conclusion of the Investigation into the Chiang Kuo-ch'ing Case

Judicial Reform Foundation

Regarding the prosecutors' conclusion of the investigation into the Chiang Kuo-ch'ing case, our foundation expresses…

01Feb.
2011

Chiang Kuo-ch'ing's Legal Team Files Petition for Retrial Today

Judicial Reform Foundation

In a major reversal in the Chiang Kuo-ch'ing case, the pro bono legal team organized by the Judicial Reform Foundation…

11Nov.
2002

A Judiciary That "Refuses" to Admit Fault

Judicial Reform Foundation

Although judges in Taiwan are not popularly elected, they wield the ultimate power of life and death over criminal…