Chen Yunlin Protest Case
Table of Contents
1. Incident Overview
From November 3 to 7, 2008, Ch'en Yun-lin, President of the Association for Relations Across the Taiwan Straits (ARATS) in mainland China, visited Taiwan to hold the second "Chiang-Chen talks" with Chiang Pin-kung, then-Chairman of the Straits Exchange Foundation (SEF). This marked the first official visit to Taiwan by a counterpart association-level representative from China since cross-strait relations resumed institutionalized negotiations.
During Ch'en's visit, national security and police systems implemented unprecedentedly stringent control measures under the guise of ensuring personal safety: clearing expressways, banning citizens from publicly displaying the Republic of China flag or the Tibetan Snow Lion Flag, entering businesses to forcibly turn off music, forcefully seizing citizens' flags, detaining citizens who were filming, and using shields and batons to push and beat people peacefully expressing their opinions. Numerous clashes between police and civilians resulted in injuries, and university students began a sit-in protest in front of the Executive Yuan on November 6, later moving to Liberty Square due to police dispersal and launching the "Wild Strawberry Student Movement."
In response to police overreach and the unconstitutionality controversies surrounding the Assembly and Parade Act, the Judicial Reform Foundation, alongside the Taiwan Association for Human Rights, Taiwan Labour Front, R.O.C. Human Education Foundation, Green Party Taiwan, Taipei Bar Association, and other organizations, filed a criminal complaint against Li Han-ch'ing, Chief of the Beitou Precinct, on November 5, 2008. On November 20 of the same year, they established the "Legal Team Against Police Brutality," assembling over 20 lawyers to assist multiple victimized citizens in filing private prosecutions, criminal accusations, and formal complaints.
This case represents a pivotal event where Taiwanese society used practical legal actions to test the government's human rights commitments around the time of the incorporation of the Two Covenants. It is also closely intertwined with the Wild Strawberry Student Movement and subsequent advocacy for the reform of the Assembly and Parade Act. This page compiles press releases, statements, and case lists from that year as an accessible public historical database.
"Regimes may fall, but human rights must not."
— Joint statement by human rights organizations during the first Lien-Hu meeting in 2005, quoted in the November 5, 2008 statement titled "Protesting the Ma Administration for Aligning with China's Low Human Rights Standards"2. Timeline of Events
Snow Lion Flag Forcibly Seized on Chungshan N. Rd.
Three netizens distributing flyers along Chungshan North Road to advocate for freedom of speech were surrounded by a police human chain, had their arms grabbed to restrict their movement, and had the Snow Lion Flags in their hands forcibly seized. They were ultimately illegally detained at the Security Police Corps, with one person sustaining injuries during the process.
Illegal Search of Shang Yang Record Store
During security operations for Ch'en Yun-lin and Lien Chan's dinner banquet at the Ambassador Hotel, Li Han-ch'ing, Chief of the Taipei City Police Department's Beitou Precinct, entered the Shang Yang Record Company on Chungshan N. Rd. without a search warrant, forcibly searched the broadcasting equipment, demanded the cessation of music playback, and ordered on-site police officers to force the store to pull down its metal rolling shutter. This was suspected of violating the Criminal Code provisions on illegal searches, coercion, and malfeasance in office.
Documentary Director Ms. Ch'en Forcibly Detained at Grand Hotel
Ms. Ch'en was filming outside the Grand Hotel (after Ch'en Yun-lin had already left the hotel). Police prevented her from filming and demanded her identification. When she refused, officers pinned her against the trunk of a police car, shoved her inside, and carried her into the police station "like a slaughtered pig," causing multiple bruises and abrasions.
Bystanders Suppressed in Front of Regent Taipei Hotel
Ms. Huang and Ms. Tseng were sitting and chatting in the arcade diagonally opposite the side entrance of the Regent Taipei Hotel when police used shields and batons to push and jab at them, pinning them against the wall for over two minutes, resulting in finger fractures, head contusions, and multiple abrasions.
Civil Society Groups Issue Statement: "Protesting the Ma Administration for Aligning with China's Low Human Rights Standards"
Initiated by the Taiwan Association for Human Rights, the Judicial Reform Foundation, and Amnesty International Taiwan, with endorsements from multiple civil groups, the statement demanded an apology from President Ma Ying-jeou, the resignation of National Police Agency Director-General Wang Cho-chiun and National Security Bureau Director-General Tsai Chao-ming, amendments to the Assembly and Parade Act, and the formation of a pro bono human rights lawyers team.
First Wave of Legal Action: Filing a Complaint Against Beitou Precinct Chief Li Han-ch'ing
At 16:00 at the Taipei District Prosecutor's Office, the Judicial Reform Foundation—alongside the Taiwan Association for Human Rights, Taiwan Labour Front, R.O.C. Human Education Foundation, Green Party Taiwan, and other organizations—had JRF Executive Director, Attorney Lin Feng-cheng, ring the bell to file a criminal complaint accusing Li Han-ch'ing of illegal search, coercion, and malfeasance in office.
Student Chiang Beaten with Batons Outside Regent Taipei Hotel
Chiang, a National Taiwan University graduate student, was observing spontaneous citizen protests outside the Regent Taipei Hotel when he was pushed, struck, and beaten with batons and shields by police officers and alternative military service conscripts. After falling to the ground, he was kicked, resulting in a scalp laceration and multiple abrasions and contusions.
University Students Stage Sit-in Protest in Front of Executive Yuan
Protesting the police's segregation of crowds and unlawful application of coercive force, university students across Taiwan gathered in front of the main entrance of the Executive Yuan to stage a sit-in.
Police Forcibly Disperse Executive Yuan Sit-in Students
Police launched a forcible dispersal operation in the evening. Maintaining their rational demands, the students moved to Liberty Square to continue their sit-in.
"Wild Strawberry Student Movement" Formed at Liberty Square
Put forward three core demands: "President Ma Ying-jeou and Premier Liu Chao-shiuan must apologize," "National Security Bureau Director-General Tsai Chao-ming and National Police Agency Director-General Wang Cho-chiun must resign," and "Amend the draconian Assembly and Parade Act." Students in Hsinchu, Taichung, Tainan, Kaohsiung, and other regions responded successively.
Civil Groups Launch "Solidarity Silent March"
The Alliance for Action to Amend the Assembly and Parade Act and 15 other organizations initiated a nightly silent march from 18:00 to 19:00 starting November 11, circling Liberty Square under the main banner: "Support Wild Strawberry, Guard Our Taiwan."
Joint Statement: "Opposing National Security and Police Abuse of Power, Reviewing the Retention or Abolition of the Assembly and Parade Act"
Jointly issued by the Taiwan Law Society, the Judicial Reform Foundation, Taiwan Bar Association, and Taipei Bar Association, putting forth six statements, including amending the Assembly and Parade Act to a notification system, abolishing special criminal law provisions violating the Assembly and Parade Act, and reviewing the necessity of establishing restricted zones.
Second Wave of Legal Action: Establishment of the "Legal Team Against Police Brutality"
Formed jointly by the Taipei Bar Association and the Judicial Reform Foundation, a pro bono legal team comprising over 20 lawyers held a press conference in front of Liberty Square titled "President Ma, Stop Turning a Blind Eye! The Issue Is Not Just Violence, But Police Brutality." Songshan Precinct Chief Huang Chia-lu and multiple police officers from the Chungshan Precinct were added as defendants. Having gathered evidence on 5 major cases, the team planned to file private prosecutions, criminal accusations, and formal complaints respectively.
Taipei District Prosecutors Office Issues Non-Prosecution Disposition for Li Han-ch'ing and Others
Following over five months of investigation, the Taipei District Prosecutors Office issued a non-prosecution disposition for Beitou Precinct Chief Li Han-ch'ing and others. Even though international human rights organizations such as Amnesty International (AI), the International Federation for Human Rights (FIDH), and Freedom House had already appealed during November of the previous year regarding the police's excessive enforcement violating international human rights standards, citizens still found it difficult to obtain judicial relief.
Legislative Yuan Passes the Ratification Bill of the "Two Covenants" and the Enforcement Act of the Two Covenants
The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were formally domesticated. However, concurrent developments regarding amendments to the Assembly and Parade Act and the outcome of the Shang Yang Record Store case highlighted the gap between the Ma administration's human rights commitments and its actual practices.
"I Accuse ~ Police State" Press Conference
The Judicial Reform Foundation, Taiwan Association for Human Rights, and other civil groups formed the "Alliance for Action to Amend the Assembly and Parade Act." In front of the Taipei District Court, they joined multiple victims of state violence who suffered during Ch'en Yun-lin's visit to collectively voice support for the Shang Yang Record Store case, "accuse" the police state, and march to the Ministry of Justice to submit a petition demanding a review of the draft amendments to the Assembly and Parade Act that contravened the Two Covenants.
3. Civil Society Demands
During November 2008, core demands initiated by the Judicial Reform Foundation, Taiwan Association for Human Rights, Amnesty International Taiwan, and jointly proposed by the Taiwan Law Society, bar associations, and others included:
He must publicly apologize to all citizens for betraying thirty years of human rights and rule of law achievements in Taiwan and pandering to a dictatorial state.
Agency heads must take responsibility and resign for police actions that repeatedly overstepped operational boundaries and the principle of proportionality.
Amend the law to a notification system or a principle of notification with permit exceptions; abolish or delete special criminal law provisions violating the Assembly and Parade Act, replacing them with administrative penalties; and re-evaluate the necessity of establishing restricted zones.
The Control Yuan, the Ministry of Justice, and relevant agencies must immediately investigate and hold accountable those who abused their authority and carried out duties unlawfully, and make the handling results public.
Schools and educational administrative authorities must not use pretexts to pressure, threaten, harass, or penalize students engaging in peaceful sit-ins such as the Wild Strawberry movement; police must not take coercive measures solely on the grounds of a lack of prior application.
Accept reports of human rights violations from citizens to serve as the foundation for legal actions filing collective accusations against the state (subsequently established as the "Legal Team Against Police Brutality").
4. Legal Team Against Police Brutality | List of Victim Cases
The following is the second wave of major case lists announced by the "Legal Team Against Police Brutality" during its press conference on November 20, 2008. The pro bono legal team, comprising over 20 lawyers, assisted in filing lawsuits.
| No. | Party Involved | Incident Details | Litigation Status |
|---|---|---|---|
| 01 | Shang Yang Record Store | On the evening of November 4, 2008, Beitou Precinct Chief Li Han-ch'ing, serving as the security commander for Ch'en Yun-lin and Lien Chan's dinner banquet at the Ambassador Hotel, entered Shang Yang Record Co., Ltd. at the intersection of Chungshan N. Rd. and Minsheng E. Rd. without a search warrant, forcibly searched the broadcasting equipment, demanded the suspension of music playback, and ordered police officers to force the store to pull down its metal rolling shutter using violent and coercive methods. | Criminal Accusation |
| 02 | Ms. Huang, Ms. Tseng | On the evening of November 5, 2008, while sitting and chatting in the arcade diagonally opposite the side entrance of the Regent Taipei Hotel, police set up a blockade around the front and rear exits of No. 45, Sec. 2, Chungshan N. Rd. The police force used shields and batons to push and jab, pinning both women against the wall for over two minutes, resulting in finger fractures, head contusions, and multiple abrasions. | Private Prosecution |
| 03 |
Student Chiang (NTU Graduate Student) |
On November 6, 2008, while observing spontaneous citizen protests outside the Regent Taipei Hotel, he was pushed, struck, and beaten with batons and shields by police officers and alternative military service conscripts. After falling to the ground, he was kicked, resulting in a scalp laceration, abrasions on his left knee, left ankle, and right shoulder, and bruising on his right arm. | Private Prosecution |
| 04 |
Ms. Ch'en (Documentary Director) |
Around 11:00 AM on November 4, 2008 (after Ch'en Yun-lin had already left the hotel) outside the main building of the Grand Hotel, she was prevented from filming by police and asked to show identification. When she refused, she was surrounded by a human chain, pushed toward a police car, pinned against the trunk, and shoved inside. Upon arriving at the Yuanshan Police Station of the Chungshan Precinct, she was carried into the police station by four officers "like a slaughtered pig," resulting in multiple bruises and abrasions. | Formal Complaint |
| 05 | Three Netizens | On November 3, 2008, while distributing flyers along Chungshan North Road advocating for freedom of speech, they were surrounded by a police human chain with their movements restricted by having their arms grabbed. Police unlawfully seized the Snow Lion Flags they held, claiming that holding flags violated regulations. One person was injured during the process, and the three were ultimately illegally detained at the Security Police Corps. | Private Prosecution |
5. Press Releases and Statements
The following is a chronological collection of major press releases and statements published by the Judicial Reform Foundation during the Ch'en Yun-lin protest case.
Protesting the Ma Administration for Aligning with China's Low Human Rights Standards
A joint civil society statement initiated by the Taiwan Association for Human Rights, the Judicial Reform Foundation, and Amnesty International Taiwan. It put forward core demands including an apology from President Ma, the resignation of Wang Cho-chiun and Tsai Chao-ming, amendments to the Assembly and Parade Act, and the establishment of a pro bono human rights lawyers team.
Endorsing Organizations: Taipei Bar Association, Taiwan Labour Front, Taiwan Indigenous Peoples Policy Association, Alliance for Action to Amend the Assembly and Parade Act, Taiwan Environmental Protection Union, Citizen Congress Watch, Fourth Nuclear Power Plant Referendum Promotion Association, Youth 95 Labor Union, Green Party Taiwan, Taiwan Normal University Humanities Society, etc.
Police Excessive Enforcement Revives the Ghost of the Garrison Command ~ JRF Files Criminal Complaint Against Beitou Precinct Chief Li Han-ch'ing
First wave of legal action: The Judicial Reform Foundation, Taiwan Association for Human Rights, Taiwan Labour Front, R.O.C. Human Education Foundation, Green Party Taiwan, and other organizations had Executive Director Attorney Lin Feng-cheng ring the bell at the Taipei District Prosecutors Office to file a criminal complaint against Beitou Precinct Chief Li Han-ch'ing for illegal search, coercion, and malfeasance in office.
Opposing National Security and Police Abuse of Power, Reviewing the Retention or Abolition of the Assembly and Parade Act ~ Demands in Support of the Wild Strawberry Student Movement
Jointly issued by the Taiwan Law Society, Judicial Reform Foundation, Taiwan Bar Association, and Taipei Bar Association, setting forth 6 points: including the protection of freedom of expression, amending the Assembly and Parade Act to a notification system, abolishing special criminal penalties, reviewing restricted zones, holding abusive law enforcement accountable, and protecting students staging peaceful sit-ins.
Civil Groups Hold "Solidarity Silent March" to Support Wild Strawberry and Guard Our Taiwan!
Initiated by 15 civil organizations (Alliance for Action to Amend the Assembly and Parade Act, TAHR, JRF, R.O.C. Human Education Foundation, Taiwan Labour Front, Taiwan Environmental Action Network, Amnesty International, Taiwan Law Society, Green Party Taiwan, Environmental Protection Union, Awakening Foundation, Media Watch, Association for Indigenous Rights Promotion, Green Front, Taiwan Association to End the Death Penalty), holding nightly silent marches around the Wild Strawberry tent at Liberty Square.
Online Student Movements and Extorting Confessions through Detention
An exclusive article by JRF Executive Director Attorney Lin Feng-cheng (partially published in the Liberty Times on November 13, 2008). Discussing the controversy over "extorting confessions through detention" sparked by the live video streaming of the Wild Strawberry student movement, alongside the detention of figures such as those investigated in the Special Investigation Division's pan-green state affairs funds case, Chiayi County Magistrate Chen Ming-wen, Yunlin County Magistrate Su Chih-fen, Ma Yung-cheng, and Chiu I-jen, while advocating for human rights amendments to the Code of Criminal Procedure.
President Ma, Stop Turning a Blind Eye! The Issue Is Not Just Violence, But Police Brutality ~ Civil Groups Establish Legal Team Against Police Brutality
Second wave of legal action: The Taipei Bar Association and the Judicial Reform Foundation jointly formed the "Legal Team Against Police Brutality" consisting of over 20 lawyers. A press conference was held in front of Liberty Square where multiple victims shared their personal experiences, a list of 5 major cases was announced, and it was noted that over 500 scholars had signed a petition supporting Wild Strawberry and demanding severe punishment for police officers who overstepped enforcement limits.
Are the Two International Human Rights Covenants Truly Ready? "I Accuse ~ Police State" Press Conference
Following the Taipei District Prosecutors Office's non-prosecution disposition for Li Han-ch'ing and others on April 24, 2009, the JRF, TAHR, and other groups formed the "Alliance for Action to Amend the Assembly and Parade Act." In front of the Taipei District Court, they jointly expressed support for the Shang Yang Record Store case, denounced the police state, and marched to the Ministry of Justice to submit a petition demanding a review of draft amendments to the Assembly and Parade Act that ran counter to the spirit of the Two Covenants (specifically the newly added administrative penalty provisions allowing for successive punishments).
6. Supplementary Materials
2009
Are the Two International Human Rights Covenants Truly Ready? "I Accuse – Police State" Press Conference
After the JRF filed a complaint at the Taipei District Prosecutor's Office on November 5, 2008, accusing Li Han-ch'ing,…
2008
President Ma, Stop Turning a Blind Eye! It's Not Just About Violence, But Rogue Police Too—Civilian Groups Establish the "Legal Team to Accuse Rogue Police" to Denounce Excessive Police Force
Civilian groups and the "Legal Team to Accuse Rogue Police" held a press conference on Thursday, November 20, in front…
2008
Opposing Abuse of Power by National Security and Police Authorities, Reviewing the Retention or Abolition of the Assembly and Procession Act: Supporting the Demands of the Wild Strawberry Student Movement
Around the time of Association for Relations Across the Taiwan Straits President Ch'en Yun-lin's visit, national…
2008
Civil Society Organizations United Silent March: Supporting Wild Strawberries, Protecting Our Taiwan!
How painstaking was the establishment of freedom and democracy? Over the past half century, millions of predecessors…
2008
Protesting the Ma Administration for Aligning with China's Low Human Rights Standards
During the first Lien-Hu meeting in 2005, human rights groups demanded of the Kuomintang: "Political power may be lost,…
2008
Police Excessive Force and the Reappearance of the Garrison Command's Ghost—JRF Files a Criminal Complaint at the Prosecutors Office Against Beitou Precinct Chief Li Han-ch'ing
On the evening of November 4, Li Han-ch'ing, Chief of the Beitou Precinct of the Taipei City Police Department, served…