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◎
USA
Country Reports on Human Rights practices,
4-20-2018:●the
justice ministry was insufficiently
independent and conducted politically
motivated investigations of politicians.
UDN
2-13-2018:
the progress report of judicial reform
by Taiwan's Minister of Judiciary and
secretary of Ministry of Justice
―
Public trust in judges is always low,
the protection mechanism of lawsuit
right is still not good enough.
The
United Daily,
2-27-2018:
Taipei mayor Ko said that
Taiwan's jail and prison are good only
for those have no connections at all.
Apple
Daily, opinion, 3-14-2018 : Survey <2017台灣社會信任調查>
shows that Taiwan judicial official's /
law enforcement officer's
public trust
is the second last.
For a long time, judicial system
(prosecutors, judges) is one of
"corrupt"/"extremely corrupt"
institutions in Taiwan, commentators
questioned the impartiality (e.g.,
Non-external intervention of the
judiciary, fair trials)
of Taiwan's prosecutors and judges.
National Chung Cheng university's survey
(head-page of the Liberty Times, 2-23-2016) found: nearly 80% Taiwanese
people don't believe
the impartiality of
Taiwan's prosecutors, and
public trust on Taiwan
judiciary system keeps falling down in
the past 8 years.
Besides, Taiwan already turned to a
"privacy hell" because prosecutors (and
police) ignore Taiwanese human rights
and Taiwan Constitution to access
Taiwanese people communication
records......?!
(see below)
Local
media Apple Daily, Liberty Times etc
(11-30-2016): Taiwan president Tsai
Ing-wen pronounced a death penalty
on Taiwan's Justice system, Tsai also
criticized
(5-20-2016) that Taiwanese people don't
trust the justice.
The
deputy dean of Law School, National
Cheng-Chi University, comments
5-2015)
that the
standard
of judgments
on the same matters
varies from person to person
all
the time is the reason why Taiwanese
people do not trust Taiwan's judiciary.
◎
◎
a larceny/theft/damage & impairment case
study
◎
★ USA Country Reports on Human Rights practices, 4-20-2018::●the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.
★
★ The United Daily, 2-27-2018 ( Opinion 聯合筆記 ): Taipei mayor Ko said that Taiwan's jail and prison are good only for those have no connections. ("監獄是關沒有辦法的人")
●
★ The China Times, 5-20-2018, 5-19-2018
●
67.6% Taiwanese are not satisfied with Taiwan's judicial reform, 15.3% satisfied... ; Only judiciary being impartial to either side can win public trust. The reform process was slow, politics interrupted judiciary...
★ The China Times, 3-14-2018, head-page headline news
●
Taiwan's justice (high court) judged the accused of 318-Sun-Flower-event (20+ persons intruded and occupied Legislation Yuan building, which is similar to the US Capitol Building) not guilty of crime, because those "violence" is freedom of expression, and the evidences prosecutors provided are not good enough.
 |
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| pic.: left: the accused 'strike' policeman (standing right side);
pic. right: the accused lifted chairs, and confronted policemen / CTN headline photos http://www.chinatimes.com/newspapers/20180314000545-260102 |
●
★ USA Country Reports on Human Rights practices, March 3, 2017
Some legal scholars and politicians said the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians. A survey conducted by the Crime Research Center of National Chung Cheng University found that 76 percent of respondents were dissatisfied with authorities’ anticorruption efforts.
●
★ The United Daily, 12-14-2017 Opinion (黑白集): Taiwan's public voice with a heavy heart : The prosecutors should abide by the law too... don't be a political tool.
★ The United Daily, 09-27-2017 Opinion
Taiwan's legislator politician (陳明文) involving a serious corruption case can predict the court judgment - "no guilty", which is serious injustice, and perhaps politics controlling judicial systems (政治染指司法之黑幕).
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pic.: This websites group was ranked No.1 on US Bing by "Taiwan judiciary" , 2-27-2018
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ranked No.1 on
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pic.: This websites group was ranked No.1 on Yahoo search by "Taiwan's prosecutors" , 2-27-2018
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pic.: This websites group was ranked No.1 on US Google by "Taiwan prosecutors" , 2-27-2018
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★ The China Times, 4-1-2017 Focus news
Taiwan's justice to pronounce the accused (22 persons) of 318-Sun-Flower-event (intruded and occupied Legislation House. ps: then the P.M. government ) not guilty of crime for meeting the requirements of "Civil Disobedience" is "unlimited generalizations". ps: the photo of violence to the police : http://www.chinatimes.com/newspapers/20170401000333-260118
The United Daily, 4-2-2017 opinion <The justice became politics' slave & servant> - the judgment "completely distort" current laws...
The China Times, 4-1-2017 Opinion <Political Judgment> : the judgment violates the rules of thumb and logic (大眾的經驗與論理法則.)...
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| pic.: No.1 "Taiwan judiciary " on Yandex of Russia, 2-28-2018
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pic.: No.1 "Taiwan judiciary comments" on Baidu of China, 2-28-2018
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★ USA Country Reports on Human Rights practices, April 13, 2016
Taiwan's judicial system suffered from some corruption. Although authorities made efforts to eliminate corruption and diminish political influence in the judiciary, some residual problems remained. Some political commentators and academics also publicly questioned the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases...Women’s groups reported that judicial authorities were sometimes dismissive of sexual harassment complaints.
●
★ The United Daily, 06-18-2016 Head page news
Taiwan's prosecutors usually follow their commanding officer's order to access legal cases ... " He is bigger than I am, what can I say??"
★ China Post, Dec. 5, 2016; Apple Daily, The Liberty Times, Nov. 30, 2016
The Judges Association of Republic of China expressed Taiwan president Tsai Ing-wen pronounced a death penalty on Taiwan's justice system, in that Taiwan president Tsai Ing-wen declared at a preparatory meeting for her National Affairs Conference on Judicial Reform that no such injustice (One popular satiric quip about dispensing justice in Taiwan: The rich get off scot-free, the poor get the death sentence (有錢判生,無錢判死). It's a succinct way to say that the rich defendant in court is always acquitted, while the poor man or woman who is indicted is sentenced to death. ) should be repeated, and blasted (5-20-2016) Taiwan justice earning no Taiwanese people trust.
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pic.: This websites group was
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pic.: This websites group was
ranked No.1 on
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pic.: This websites group was
ranked No.1 on
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pic.: This websites group was
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Taiwan judicial officials [bureaucrats] shielding one another in wrongdoings is more serious than those in political field.
★
★
The
United Daily,
3-6-2017
Taiwan's judiciary
still
work as hatchet man for KMT.
(陳師孟)
★ The China Times, 11-12-2016 Editorial
The prime goal of Taiwan's judicial reform is to chop off politicians' dirty hands behind the judgments.
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pic left:
The web-sites were ranked No.1 on US google
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★
★ The United Daily, 08-24-2016 Editorial <Look into Taiwan's culture that not obeying the laws, and Mega Bank case>
● Taiwan's political culture is always good at challenging and overtaking judicial system, in this sort of political ecological environment, Taiwan certainly fail to have citizens knowing and obeying the laws.
●
Taiwan is notorious on its
scammers and fraud-groups all over the world, but Taiwan's Judiciary and Legislative institutions
never have a sense of shame on this, and never have intention to stop this
criminal actions by
punishments, in contrary, Taiwan's judiciary kept catching and releasing those
scammers again and again, moreover, Taiwan used this as an excuse to dispute and
meddle with China, therefore, how can Taiwanese people believe Taiwanese government
taking judiciary reform serious ??
ps: BBC,
4-22-2016, A recent diplomatic row between Taiwan and
China has cast light on a massive international telecoms fraud problem. It
is said to involve thousands of scammers, some of them pretending to be
government officials to extract money from victims.
★
★ The Liberty Times, 02-25-2016 by Judiciary Reform Foundation, Chief Executive Officer 高榮志
We should maximize the utility of accountability, Taiwanese people's most concern lie on eliminating incompetent judges and prosecutors, those just follow orders from their superiors, like to slip through and close a case, like to calculate their personal benefit & advantages, and hopefully, direct election of part of judges and prosecutors, or Taiwanese people joining the jury panel, besides, prosecutors should not treat people as common herd or vulgar people, police should be more friendly to the people ... (brief)
★
★ The United Daily, 7-6-2016 Law professor Huang
●★
◎
★ The Liberty Times, 6-5-2016 / 陳志龍
Taiwanese people despise law officers, because judges and prosecutors really deserved it, particularly, Taiwanese prosecutors abused their power badly, suggest to reform prosecutor system first of all (brief)
★
★
The
United Daily,
08-18-2016
National Chung Cheng university's survey found: 70% Taiwanese
people don't believe
the impartiality of
Taiwan's prosecutors,
don't believe
the impartiality of
Taiwan's judges.
★
◎
★ USA Country Reports on Human Rights practices, June 26, 2015
In July Chen Yu-chen, a former member of the Taiwan High Prosecutors Office, was sentenced to 12 years in prison for corruption. Prosecutors accused Chen of taking bribes amounting to NT$23 million ($740,000) to cover up gambling businesses; Chen was the first prosecutor ever convicted for corruption.
★
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| ● pic. above: public trust on Taiwan judiciary system keeps falling down in the past 8 years, study by national Chung-Cheng University / headpage of Liberty Times 2-23-2016 (blue line - trust on judges of 2015 is 15.4%, yellow - trust on prosecutors of 2015 is 23.5%) | ● pic. above: Taiwan's judicial systems avoid fighting celebrities / head-page head-line news of Apple Daily News, 8-29-2015 | ● Pic. above: There's NO justice ! To our surprise, Endangering & poisoning Taiwan by 5000 ton cancer-producer strong acid is No Guilty ! / headline news of Apply Daily, 9-30-2015 |
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| ● pic. above: Next TV Frank Hsieh |
◎★
★ USA Country Reports on Human Rights practices, Feb. 27, 2014
The judicial system suffered from corruption, and that the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases had been questioned.
The constitution provides for an independent judiciary; however, the judicial system suffered from some corruption. Although the authorities made efforts to eliminate corruption and diminish political influence in the judiciary, some residual problems remained. During the year judicial reform advocates pressed for greater public accountability, reforms of the personnel system, and other procedural reforms. Some political commentators and academics also publicly questioned the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases.
The opposition DPP frequently raised the issue of judicial impartiality, citing 39 cases of DPP members, often prominent local and national officials, subjected to allegedly politically motivated investigations, arrests, and detentions.
In September, Justice Minister Tseng Yung-fu resigned and the KMT revoked Legislative Yuan Speaker Wang Jin-Pyng’s party membership for allegedly intervening in a legal case on behalf of opposition DPP legislator Ker Chien-ming (see section 1.f.). Wang subsequently filed a civil lawsuit against the KMT, and the court approved his request for an injunction of the KMT’s decision to revoke his party membership. The case continued at the end of the year.
The Judges Act, which established a judge evaluation committee in 2012, has been fully implemented. Nearly 100 individual reports of incompetence in the judiciary have been reported to authorities. One case resulted in a one-year suspension for a sitting judge. Civil society groups criticized the lack of action on the part of the judge evaluation committee.
The 2009 trial of former president Chen Shui-bian and his wife Wu Shu-jen heightened public scrutiny of pre-indictment and pretrial detention, prosecutorial leaks, other possible prosecutorial misconduct, and transparency in judicial procedures.
◎◎
★ Amnesty International (The London-based organization), Feb. 25, 2015
Amnesty International said in its annual report that concerns remained in several areas, including the freedom of peaceful assembly, Taiwan’s handling of the student-led Sunflower movement protest against a trade deal with China in March last year. In this protest, more than 200 protesters were summoned for questioning under the Criminal Code and Assembly and Parade Act (集會遊行法), and that they remained under threat of prosecution. (ps: At Feb. 10, 2015, 119 people of them, but no any policeman, already have been prosecuted. 2-11-2015, Apple Daily News, Taiwan)
◎◎
★ Freedom
House
Taiwan's police treated by violence reporters while in the student-led Sunflower movement protest against a trade deal with China, Anti-nuclear movement protest(反核遊行), and China's official visiting Taiwan event (中國國台辦主任張志軍訪台)。Besides, in spite of that the authority investigated the event hackers attacked those media criticizing Chinese government, Taiwan's press freedom score down to 27 (score 24 in 2014's report).
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pic. above:
Feed-animal oil for humans ? |
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pic. above: 90.12% Taiwanese don't agree the trial decision:
Tinghsin
int'l group<頂新> selling processed
feed-animal oil was acquitted of the charge
/ head-page of Apple Daily, 11-28-2015
●
The China Times (12-14-2015):The legislative Yuan trickily made some law to
cover big financial group, food scare already turned into a terrorist in
Taiwan... |
||
◎◎
★ The Liberty Times, 2-24-2016
The most fierce, cruel and savage Taiwanese prosecutor (顏漢文) who made a fake traffic accident trying to murder a temple owner for property, and paid for murder that temple owner, etc, obtained 13 years "A" merit of professional performance in Taiwan's prosecutor system, hence, Taiwan's prosecutors merit system is questioned...
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★ Next Magazine (壹周刊)
| 9-2015 | Jia-Ee local court prosecutor office's prosecutor 詹昭書 is suspicious of shielding hot-spring and sludge businesses, asking a bribery several million dollars, was sentenced 10 years. |
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| 3-2015 | Tai-Chung high court judge 胡景彬asked a bribery and invested underground bank etc, was sentenced 19.5 years. | |
| 10-2013 | high court judge 陳榮和、李春池、蔡光治、房阿生, and former judge 邱創舜、former prosecutor 邱茂榮, took bribery 8.50 million dollars, was sentenced 10~20 years. | |
★
◎
★ Next TV
Frank Hsieh
Taiwan prosecutors
★
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★
PERC’s 2014 Report on
Corruption in Asia,
Asian Intelligence Reports Index
Mar. 19,
2014 by
POLITICAL & ECONOMIC RISK CONSULTANCY LTD (HK based)
1. Taiwan's judicial system failed
to strike systematic corruption, e.g.,
Tai-chung
High Court judge Hu G B(胡景彬)
taking bribery.
2. Taiwan's corruption index
declined, high-position officials including KMT
and DPP both in serious
corruption status.
◎★◎
★ The Liberty Times, 10-17-2015 Head-page head-line
Taiwan's Control Yuan () corrected Ministry of Justice 檢察，。
◎◎
★ Apple Daily News , Jan. 26, 2015 Taiwan's cabinet controls prosecutors by promotion system
... Taiwanese prosecutors have not made contribution to Taiwan's social reform, prosecutors system's reform fails as well, docile/tame prosecutors got promotion, personnel promotion system (is the key problem) leads to prosecutors' docile/tame...... The minister and the chief prosecutor have full power to monopolize prosecutors' promotion, Taiwan's cabinet muzzles the judiciary by this way, and gets prosecutors under complete control ― twist around its own finger, those prosecutors getting promotion actually have no honor... Taiwanese prosecutors are in low morale, lots of them kept leaving prosecutor position and tried some new career jobs...
http://www.appledaily.com.tw/appledaily/article/headline/20150126/36351292/ （蘇振文）
◎◎
★ Apple Daily News , Jan. 13, 2015 prosecutors keep playing the role of ruler's tools
During the
period of Martial Law, doctrine
of superemacy of law, ideology of constitutionality (法治理念)
- freedom and equal rights, etc,
have never been
internalized into the
doctrine of law people, the law people were idle/lazy and ignored Taiwanese
people's difficult situation, certainly
got no Taiwanese people's trust.
After Abolishing Martial Law,
although there're some legal reforms, the
public credibility
of justice in Taiwan is still low, because those legal reforms
have never solidly/truly/reliably
rolled forward to ”transitional justice",
moreover, nationwide
education in legality with core value of
human-rights protection, critical
thinking building, within-reason argument focusing has never put into
practice...
Only prosecutor system's
reform completely paused and failed
(...唯獨檢察體系的改革..改革完全熄火，即便體系內問題重重，卻依然像個大燜鍋，看不到前景。)...so
that prosecutors not only continue to
be ruler's tools, but also will be "loose
cannons" for the power...
(檢察體系沒有做出符合權責相副、民主可問責性的制度改革，不僅會繼續扮演統治者的工具，更會成為權力的自走砲)
http://www.appledaily.com.tw/appledaily/article/headline/20150113/36323902/ （林孟皇）
◎◎
★ Apple Daily News , Feb. 17, 2015
Taiwan's prosecutor charged Hong (洪崇晏) by using a very old Taiwanese law, "Assembly and Parade Act" /翁國彥.
★
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| pic. Apple Daily (10-17-2015) head-page, poll : 75.83% think prosecutor's charge decision about New Taipei City Dust Exploring or color powder fire disaster (八仙塵爆 more than 500 victims) " unreasonable !" | pic. right to left / headlines of United Daily, Liberty Times,
China Times
(10-17-2015)
: victim families blamed Taiwan's prosecutors only catch "little fish",
"Judiciary is a game for the rich to play" "bureaucracy officials shield
each other"("官官相護")
|
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★ The United Daily,5. 2015.
The deputy dean of Law School, National Cheng-Chi University, Dr. Young (楊雲驊) comments that the standard of judgments on the same matters varies all the time is the reason why Taiwanese people do not trust Taiwan's judiciary. The slogan of judiciary reform has been urged so many years, when can Taiwan's legal system reach the very basic - consistent judgment standard??
★
● Pic: The
standard of
judgments varies
from person to person
all the time,
hence judiciary's prestige and popular trust have all gone /
The United Daily 12-26-2015
★
◎
★ USA Country Reports on Human Rights practices, April 19, 2013
One of the
principal human rights problems reported
in Taiwan 2012 were judicial corruption. “Although the authorities made efforts to eliminate
corruption and diminish political influence in the
judiciary, some residual problems remained,” the report
said.
The report also said that political commentators and academics
had publicly questioned the impartiality of judges and
prosecutors involved in high-profile and politically
sensitive cases.
◎◎
★ <Transparency International>, Germany, July 9, 2013
The finding of the 2013 Global
Corruption Barometer (GCB), ( the
Gallup Poll to interview 114,000 people
in 107 countries all over the world):
36%
of people (surveyed in TW) who had
used any of eight government services in
the past year had
paid a bribe (the number is
higher than global average).
Taiwanese people think the No.1 unit
need paying bribery is judicial system(最需行賄的機關，竟是司法體系).
◎
Taiwan's corrupt/extremely
corrupt institutions:
(1)
The came-out worst corruption institution: the Legislative Yuan( 75 % of
respondents feeling the institution was
affected by corruption)
(2) the political parties
(74%)
(3) Taiwan's media (62%)
(4)
judiciary (57%)
(5) police, the military, public
officials and civil servants all
finishing at 56 percent
(6) non-governmental organizations (31%)
◎◎
★ <Apple Daily News> 12.24.2013, head-line news
| Taiwan judiciary corruption ranks | |||||
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★
pic. left: <Apple Daily News> 12.24.2013, head-line news "Who else can we trust ??" "such rotten judge in Taiwan !" |
taking bribery |
name |
status |
|
|
(1) NT3250,000 (bribe) NT$46,470,000(suspicious/unknown-source property USD 1,500,000) |
judge Ho胡景彬, Tai-chung city | prosecution | |||
| (2) NT$23,250,000 (about USD800,000) | prosecutor陳玉珍 | shelter illegal business, under investigation | |||
| (3) NT$3900,000 | prosecutor徐維狱 | bribery for not prosecution, 20 yrs sentence, in jail | |||
| (4) NT$3000,000 | prosecutor宋宗儀 | bribery, 12 yrs sentence, in jail | |||
| (5) NT$2500,000 | former judge林昆堃 | bribery, 11 yrs sentence, in jail | |||
◎
★ <Next Magazine> of Apple Daily system《壹周刊》 2.13.2014
|
prosecutor's Chinese name |
position |
criminal facts |
| 邱茂榮 |
prosecutor (板橋 district court) |
Received NT$1,500,000 from legislator's corruption case, sentence: 6 years |
| 詹昭書 |
prosecutor (HsinChu district court 新竹) |
Asking and taking bribery NT$730,000+ , sentence: 10 years |
| 吳傑人 |
prosecutor (Kaohsiung district court高雄) |
Force to have sex with beauty call-girl, and has closer relationship with lots of girls involving with some other legal cases, sentence: 7 years and 6 months |
★
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★ <The Liberty Times>, Taiwan, 1.30.2014 Li ShinEe, former member of Control Yuan (Taiwan government)
Taiwanese people are not confident at Taiwan's judiciary (legal system - prosecutors and judges ) for a long long time. According to statistics, Control Yuan received 18000+ statements/complaints from Taiwanese each year, about 5000 of them are judiciary matters ― (1) rotten (corruption) behavior of judicial officials (2) Taiwanese judges/prosecutors' poor attitude in judicial court session/hearing (3) written judgments against the law (the Act.) (4) Taiwanese judges/prosecutors' "free evaluation of evidence through inner conviction" against empirical rule. In brief, Taiwanese people criticized the most are corruption and impartiality of judges and prosecutors (abusing the power to prosecute and not to prosecute) ...... (by 李伸一)
◎
★ <Apple Daily News> 1.15.2014
Taiwan's
Legislature passed wiretap restrictions
yesterday, but vice secretary general of
the Judicial Reform Foundation expressed
that this
amendment works nothing for
Taiwanese privacy protection in advance
and remedy afterwards (該修正案對人民隱私權的事先保障與事後救濟都是空的),
Taiwan
should learn "four-eyes-principle"
(sync. wiretapping by prosecutors
and police with judge's approval
together with telephone-service staff
inside the machinery/equipment room,
Chinese namely "同步監聽")
of USA or Japan, Taiwan's current
way to do it
seriously harms Taiwanese privacy.
◎
★ <Apple
Daily News> 1.16.2014 editorial
The legislature yesterday approved revisions to the Communication Security and
Surveillance Act (通訊保障及監察法) to toughen the rules governing the use of
wiretaps... previously, the prosecutors may keep listening someone even the
legal case had already been closed, or the prosecutors may
wiretap on a specific person and by the way listen other people in the
same case... all these show their (prosecutors, police,
investigation units) attitude of abusing power & playing the law. This
amendments immediately led to a rebound (opposition) by Taiwan's prosecutors,
police, and investigation units...The Judicial Reform Foundation expressed :
Taiwan's judiciary has not made any progress at all unless they avoid
wiretapping mistakes by abolishing the watching center or attaching it to or
under certain authority remaining neutral, and not allow accessing communication
records unless they got the judges' approval...
◎
★ <The
Liberty Times>, Taiwan, 1.13.2014
林鈺雄 Dr. Lin, NTU
professor
Taiwan turns to a "privacy hell" because
prosecutors and police
abuse the right/power of retrieval of Taiwanese communication
records... Taiwan's police access the most number of Taiwanese communication records (nearly 80%
occupied)... Taiwan's total number of
retrieval equals more than 200 times the number of
records-retrieval in Germany ...
Taiwan's prosecutors (or even
police , investigation units) by
themselves approve and issue approval of
application for retrieval of
communication records, without Taiwan
judges' objective approval......
Taiwan's prosecutors and police want it
quick and energy-saving, judges want to
get rid of burden, so,
Taiwan's constitution and Taiwanese
human rights are not their (prosecutors,
police, etc) concerns eventually
......?
◎
★
<Apple
Daily News> 1.14.2014
Taiwan's Court hard to
control abusing of power by prosecutors & police (「法院難管檢警濫權」author: 錢建榮,
Taiwan's court judge)
Taiwan's prosecutors and police do wiretapping by using
serious crime felony to cover up misdemeanors(重罪掩飾輕罪監聽),
Taiwan's judges don't question their evidences/proofs...... the biggest problem
is we don't have full-duty prosecutor's order court (
專責的「強制處分專庭」), judges take turns to do the
job, and don't care too much about those application for prosecutor's order...
Taiwan's judiciary practice makes no difference between "judge for
investigation" and "judge for judgment"... so Taiwan's Judiciary Yuan fails to
reach the basic :
to evade/side step the issue of dividing
applications (「分案迴避」), e.g.,
those judges during investigation proceedings approve detention of accused, will
they think the accused is innocent during judiciary proceedings?
.... Taiwan judges fail to reach the goal of professional
quality and
neutrality ...！wiretapping harms the
most Taiwanese privacy, but till now Taiwan fails to send a formal notice to
those people being listened... Taiwanese people won't know being listened until they were
prosecuted, as for those people not being indicted, they will never know about
this .... Taiwanese people can not do anything about this nation's
most serious - mandatory punishment, no one can help them, they are rejected by
Taiwan's judiciary systems...
◎
★ <United Daily News>, Taiwan, 12.26.2013
...The main theme of a prosecutors
general conference/meeting held recently is "how to keep prosecutors'
case-processing quality ― investigation with human rights protection, avoid
indiscriminate prosecutions (response to many criticism/questioning "prosecutors' abusing prosecutions & appealing without concrete evidences" ) "
...... Taiwanese people will go away farther and farther from Taiwan's
legal system if judiciary fails to stop illegal persuasions....
◎
★ <the
China Times>, Taiwan, 11.28.2013
editorial - "Taiwan's
judicial Yuan should do something to stop
legislators' illegal persuasions"
If the Prosecutors system (the principle of Integrating/unification procuratorates) fails to eradicate the unhealthy & illegal persuasion, instead, they encourage the evil trends of illegal persuasion, the credit of Taiwan's judicial system and prosecutors system both will be bankrupted. This certainly brings public outrage to boiling point ― if Taiwan's prosecutors lodge an appeal to a higher court for ordinary people's cases, but give up an appeal for cases of person in power......
◎
★
<The
Taiwan Foundation for Democracy (TFD )> survey,
Dec. 10, 2013
(reported by <the Liberty
Times>, <United Daily News>,
<The China Post>, <The Taipei
Times>)
According to
2013 survey (Dec. 10, 2013)
conducted by
The
Taiwan Foundation for Democracy (TFD )
& SHU
that shows a "F" score (rating
2.7/5.0 points) on overall human rights status
―
in
decline for a third consecutive year.
2 points were
given to " Non-external intervention of the judiciary",
2.3 points to "fair trials".
Both are "F" scores! (rating range 0.0~5.0)
◎
★
<Apple Daily >
, Taiwan, 2013.11.5
"Do not let prosecutors rule our country Taiwan" 別讓檢察官治國（林孟皇）
Most
Taiwanese people are worried about the prosecutor may become a untamed
run-away horse if not properly controlled, because they can initiate
investigation of cases, and also enjoys strong powers of enforcement action,
particularly once prosecutors become rulers' tool, this may cause our society's
unbearable turmoil. (多數國人所擔心的，反而是檢察官可以主動偵辦案件，又享有強大的強制處分權力，如果控制不當，成為脫韁野馬，尤其檢察官常會遇到政治人物的案件，一旦成為執政者的統治工具，屆時社會將面臨難以承受的動盪。)
....
Unfortunately, for a long time most prosecutors may take any
(good/bad, or correct/wrong) means to reach their justice goal, they lack
constitutional thinking. (多數檢察官們只在乎實體正義，為達目的，不擇手段，更缺乏憲政思維。)...
◎
★
<Liberty Times>
Taiwan, 2013.11.11
"Chief Attorney is not qualified for the
job, the Special Investigation Unit must be
abolished"!
(by 許玉秀
a professor at National Chengchi
University School of Law, Ph.D. University of Freiburg, Germany
)
Absolute power leads to absolute rotten, is the philosophical basis of the Special Investigation Unit must be repealed. (絕對的權力，絕對的腐化，是特偵組必須廢除的哲學基礎。) ...... My view is many important events recently (like poisonous oil, abusing young soldier to death, eavesdropping/monitoring event, etc洪仲丘案、洪石城案、關廠工人案、文林苑、大埔案等等 ) are class exploitation (階級剝削) - which means some people treat another group of people as objects, ... ( 把人當作客體、當作物), that explains Taiwan's chaos ...
Recently, the Special Investigation Unit
(of chief prosecutor) is not willing to and is not able to
follow the due/correct process... If Taiwanese people don't
destroy the most powerful weapon (the Special
Investigation Unit), will be killed or wounded by it ...
◎
★ <Liberty Times> Taiwan, 2013.12.23 蔡烱燉
... some prosecutors fight to have
so-called "judges" attribute, ... their motive is having tenure
and treatment for life (what judges have)
..
If our system is not designed well ― neglecting of
the administrative supervision of prosecutorial power, and
judges' human rights defender role, many innocent Taiwanese
people most likely will suffer or to be victims for prosecutors' monitoring
or/and prosecutions without good enough investigations... (部分檢察官爭取所謂司法官屬性...動機就是爭取法官得身分與保障(終身職與待遇)...
設計制度時若輕忽對檢察官權的行政監督,及對法官人權守護者的要求,
就很可能使許多無辜人民因未詳查即起訴或監聽...而無端受害...)
◎
★ <United daily News 聯合報>, 12.25.2013
The
prosecutors has big power - they have
right to do investigation just because
they heard something or reading
something via media... hence we need
something to limit/control their power, e.g.,
prosecutors can freely select which
evidence/proof they want from
many provided/existed,
however, this may
leads to illegal actions if they take
bribery and/or illegal persuasion...
(檢察官權力很大...可以聞風辦案(聽到傳聞或媒體報導)...因此必須有內部權力節制...
以「自由心證」為例法律賦與裁判者自由採取那些證據採信那些證詞得權力...
若有金錢誘惑, 人情包袱等，心證就不自由了而成收賄或關說之違法...)
◎
★ <Apple Daily > , Taiwan, 2013.12.28
... Taiwan's most rotten prosecutor got
straight "A" during her corruption period.... Taiwan's evaluation system is too
much pseudo & phony, not only judiciary system is working this way, all
Taiwanese bureaucracy (ps: government) system is this way, so, no wonder
Taiwan's competitive ability ranks the last in Eastern Asia...
◎
★
<Liberty Times>
12.28.2013 <Who scares recording DVD in the court ?
誰怕錄音光碟?> (ps: new law has been modified, the DVD including
all debates and conversations on court will not unconditionally
be applied as before, critic comments/questions some people are
afraid of being criticized by media etc... )
◎
★ USA Country Reports on Human Rights practices, May 24, 2012
it highlighted the problem of corruption in Taiwan, saying more than 400 officials were indicted on corruption charges in the past year, including 54 high-ranking officials.
In addition, it said the judicial system in Taiwan “suffered from some corruption.”
The impartiality of judges and prosecutors involved in high-profile and politically sensitive cases was being questioned by some political commentators and academics, the report said.
As for women rights in Taiwan, According to the MOJ, the average prosecution rate for rape and sexual assault over the past five years was approximately 50 percent, and the average conviction rate of cases prosecuted was approximately 90 percent.
◎
★ <DPP>Policy Research Committee (民進黨), Dec. 10, 2012
According to DPP's poll in Human Rights Day (Dec. 10, 2012), 62.3 % of Taiwanese are dissatisfied with the government's protection of human rights, 67 % of Taiwanese are dissatisfied with the government's protection of judicial human rights (司法人權), 64.9% of Taiwanese are dissatisfied with political human rights. (政治人權)....
◎ Flaw of Taiwan legal system, practical case, click !
◎
| Taiwan's Prosecutors' scandals |
|
★
（<The Economist> UK),
July 22, 2010 The article under the theme of （Corruption in Taiwan--Confirming the worst suspicions） reported : Three high-court judges and a prosecutor had been detained amid allegations that they took bribes to fix the outcome of a high-profile case, has brought public outrage to boiling point. The case is Taiwan’s biggest judicial-corruption scandal in over a decade. “The significance of this case is that it makes all the rumours a reality,” The country's president, announced the formation of a new commission to battle corruption and vote-buying. Such talk is ... drawing comparisons to Singapore’s Corrupt Practices Investigation Bureau and Hong Kong’s Independent Commission Against Corruption. But, unlike those bodies, the Taiwanese commission will not report directly to the president, but only to the justice ministry, where tangled bureaucracy and civil servants who are deferential to their political bosses could limit action. In any case, complains the opposition Democratic Progressive Party (DPP), and various experts, such a commission will be toothless as long as it is nearly impossible to sack bad judges and prosecutors. An act calling for such a mechanism has long been stalled in parliament.
★<Liberty
Times>, 12.23.2013 ★<United Daily News>, 12.24.2013 "Taiwan's most greedy rotten female prosecutor", Chen (陳玉珍) got "A" (everyone should learn) grade by her bosses during her corruption period 2000 ~2006 ( 高檢歷任首長給"台灣最貪女檢察官"的陳玉珍，在涉貪期間「認真負責、腳踏實地、學養俱豐、明察秋毫」等評語，品德操守為"A"級 ) 《The China Times 中國時報》, Dec. 3, 2013 "Taiwan's most greedy rotten female prosecutor", Chen (陳玉珍)'s asking bribery NT$10 million (USD300 thousands) case, now will be sent to Judicial Yuan for law-court investigation (she may lose her job if in worse case). ★《ETtoday》, 11.29.2013 DPP Legislator Ker Chien - ming (柯建銘): Chief attorney (attorney general) Huang Shiming's (黃世銘)secrets-leaking case, actually is a political struggle by using the tool ― judicial investigation...
★
France《AFP》,
Thailand《Bangkok
Post》, etc, 11.1.2013 |
◎
| More comments on Taiwan prosecutors |
◎
★
Amnesty International, London, UK,
annual report The State of the
World's Human Rights 2011, May 13, 2011
Taiwan was criticized over issues to
do with the
death
penalty, freedom of expression,
justice ( also voiced concerns over
the
slow progress to enact a
judges' act to
address corruption scandals involving
high court judges and over the
working conditions of migrant workers.) and migrants' rights.
◎
★ <Transparency International>, Germany, Dec. 10, 2010
Taiwan's
corruption sorting list: worst
― Police: 3.9,
Parliament/legislation: 3.8,
Public officials/civil servants :3.8,
Political parties : 3.5, military:
3.4, judiciary: 3.3 , Media ,
Education systems : 3.2
◎