June 24, 2020
Hundreds of people from across the island gathered this morning in front of the Control Yuan on June 23 to express their gratitude for the Control Yuan’s efforts in prevailing justice and protecting human rights. The group was received by the Control Yuan member Chung-Yi Tsai and Chiu-Chin Tien. Mr. Pei-Chao Lee, a 100-year old veteran from Tai Ji Men, and a young mother with children, presented 99 hand-knitted roses. Chin-She Chen, a Keelung resident, and his family also presented Taiwan roses symbolizing the spirits of “no surrender, no compromise.” Human rights violators are often times the government. Civilians are helpless in the suppression of state power. The Control Yuan members have extended helping hands. Over the years we have seen many cases of successful aides, including the Tai Ji Men case, which has been compiled as the case of human rights protection, and the case of Chin-She Chen, which has received public attentions recently.
The Control Yuan is responsible for impeachment and disciplinary actions against government officers. A National Human Rights Committee will be established under the Control Yuan this year. Correct 1219 Action Alliance arranged this flower-presenting ceremony. The red roses symbolize the hearts of Taiwanese people who refuse to yield to unlawful state power, refuse to compromise and refuse to surrender. Control Yuan member Chung-Yi Tsai and Chiu-Chin Tien received the group and delivered speeches. Chiu-Chin Tien was just recently nominated as the member of National Human Rights Committee. She has long been committed to environmental and human rights issues.
Tai Ji Men dizi, young and old, from across the island joined the petition, including the 100-year old veteran and retired teacher Li-Hsueh Chen from Taichung. They were desperately saying “WE CAN’T BREATHE!”, urging the tax authority to revoke unlawful tax demands and enforcement agency to withdraw execution. The Tai Ji Men tax case has stuck in administrative remedy, being tossed around among judiciary and administrative agencies in the past 24 years. The academies have even suffered from possible illegal auctions several times.
Chin-She Chen also express his appreciation. His house was auctioned off due to his late payment of NT$ 18,000 fine. His family of three generation was forced to live on the street. Thanks to the Control Yuan’s investigation and the assistances from kind-hearted professor, he is able to keep his house now.
Many experts and scholars were also on site to lend their supports, including Prof. Dr. iur. CHEN,Tze-Lung, Chairman of Taiwan Association for Financial Criminal Law Study, Dr. Lukas Lien, Kontakt Professor der Universität Osnabrück Taiwan, Mr. YiNan Chen, Arbitrator &Patent Attorney, Mr. Tien-Tsai Lin, Chairman of Chinese Association for Human Rights, Dr. Wei, Suz-Tsung, Adjunct Assistant Professor, Department of Business Administration of Fu Jen Catholic University, Representative of Prof. Gin-Ching Wu, Chairman, Taiwan Jury Association, Mr. Yu-Jhih Yu, Researcher of Criminal Law Research Center, Department of Law, Aletheia University. Scholars have pointed out the violation of due process, concealment of evidences and officers covering up each other have seriously violated people’s constitutional rights of rights to life, property and freedom of religion.
“State power has been misused to the detriment of civilian people since 228 incident” said professor Chi-Lung Chen. Speaking of the Tai Ji Men case, he pointed out the crackdown raid launched by the government in 1996 with an aim to disband Tai Ji Men. The criminal and tax cases are made up to satisfy political agenda. He urges justices be returned in all Tai Ji Men cases and sees the return of justice as the milestone of Taiwan’s transitional justice.
The Tai Ji Men tax case dates back to 1996 when Tai Ji Men was raid in a series of religious crackdown launched by the government. Prosecutor Ho charged Tai Ji Men with fabricated evidences and tax authority sent out tax demands based upon the unlawful bill of indictment. Prosecutor Ho’s charges against Tai Ji Men have all been dropped by three-tier court system in Taiwan with final acquittal confirmed by the High Court on July 13, 2007. It was confirmed that Tai Ji Men has committed no crime and is not subject to any tax liability. All defendants were awarded state compensation for wrongful detention. However, tax authority refuses to correct the tax demands and continues to haunt Tai Ji Men. The Control Yuan has issued disciplinary actions against tax authority. However, the case has been tossed around between different government departments for 24 years. There has been no signs of immediate resolution.
The government should have in place a mechanism to ensure the disciplinary actions proposed by the Control Yuan be followed strictly and tax authority should correct their mistakes proactively. According to statistics, state compensation awarded in the past ten years (from 2009-2018) has amounted to NT$ 2.62 billion (High courts and the branches: NTD 0.98 billion, local courts: NTD 1,64 billion.) The prior ten years, from 1999-2008, the amount is NT$ 4.68 billion, received by 5,435 individuals. And it’s the taxpayers who pick up the tab.
National Human Rights Committee is responsible for monitoring protection of human rights in Taiwan. The committee should be independent and have full discretion in exercising power of investigation and issuing objective reports. It is expected different branches of government and the civilian people will benefit from the well-functioning committee. For the people for now, their humble wish is to restore justice and stop abuse of state power. The spirit of Taiwan - uncrushable roses to be well protected!