As Italian philosopher Giorgio Agamben said: “The real problem, the central mystery of politics is not sovereignty, but government; it is not God, but the angel; it is not the king, but ministry; it is not the law, but the police.”
Protests are common in Taiwan and police’s handling of such activities often draws attention. This was the case during the Sunflower movement in 2014, a protest during the opening ceremony of the Taipei Universiade last year, and the arrest of protesters and lawyers during a march in December last year against the amendments to the Labor Standards Act (勞動基準法), who were forced into police cars and “dropped off” at random locations.
Take for example the “drop-offs.” From a legal perspective, the matter involved police bringing people under control through the use of force, which included restrictions on their personal freedom or actions, and even temporary or preventative deprivation of their freedom.
Even though such an exercise of police power is in line with the European Convention on Human Rights, its actual application remains controversial.
Then there are assemblies and parades: The key with these is how to accurately predict how a situation is likely to unfold. Police are required to use their discretion and judgement to decide whether a given situation is dangerous or not.
Simply claiming that protesters might intend to violate the Assembly and Parade Act (集會遊行法) is not sufficient reason to legitimize police intervention — even with regards to so-called preventive restriction.
Unless there are clear threatening acts at the scene, a simple march, in itself, is not dangerous.
According to the European Court of Human Rights, if police restrict protesters’ personal freedom first and then disperse them later, they must act on the premise that the dispersion is legal. Thus, the police must give a clear and definite order for dispersion.
However, when people refuse to disperse, the restriction of their personal freedom must be according to the principle of proportionality. Since bringing people under control would violate their human rights, such control must be associated with the prevention of criminal acts, so as to prevent people from committing punishable crimes.
Considering this, police really need to review their use of force of “drop-offs” on Dec. 23.
This is an era of “critical citizens.” Spanish activists shouted “Real democracy now” during street protests and Time magazine named “the protester” its 2011 “Person of the Year.”
As political commentators have said, people no longer indulge in a sense of powerlessness while feeling sorry for themselves. Instead of whining that they cannot change anything, many people are now taking action to vent their anger.
UK economist Peter Jay once said that, like a snake biting its own tail, our democracy has started to swallow itself. In the face of a broken society, people’s search for new democracy and politics has highlighted the importance of protest.
It seems necessary that the police practice proper use of force when handling assemblies and parades, so that they can start to understand and promote true democracy.
Lin Chia-ho is an associate professor at the National Chengchi University’s College of Law.
Translated by Eddy Chang
In their recent op-ed “Trump Should Rein In Taiwan” in Foreign Policy magazine, Christopher Chivvis and Stephen Wertheim argued that the US should pressure President William Lai (賴清德) to “tone it down” to de-escalate tensions in the Taiwan Strait — as if Taiwan’s words are more of a threat to peace than Beijing’s actions. It is an old argument dressed up in new concern: that Washington must rein in Taipei to avoid war. However, this narrative gets it backward. Taiwan is not the problem; China is. Calls for a so-called “grand bargain” with Beijing — where the US pressures Taiwan into concessions
The term “assassin’s mace” originates from Chinese folklore, describing a concealed weapon used by a weaker hero to defeat a stronger adversary with an unexpected strike. In more general military parlance, the concept refers to an asymmetric capability that targets a critical vulnerability of an adversary. China has found its modern equivalent of the assassin’s mace with its high-altitude electromagnetic pulse (HEMP) weapons, which are nuclear warheads detonated at a high altitude, emitting intense electromagnetic radiation capable of disabling and destroying electronics. An assassin’s mace weapon possesses two essential characteristics: strategic surprise and the ability to neutralize a core dependency.
Chinese President and Chinese Communist Party (CCP) Chairman Xi Jinping (習近平) said in a politburo speech late last month that his party must protect the “bottom line” to prevent systemic threats. The tone of his address was grave, revealing deep anxieties about China’s current state of affairs. Essentially, what he worries most about is systemic threats to China’s normal development as a country. The US-China trade war has turned white hot: China’s export orders have plummeted, Chinese firms and enterprises are shutting up shop, and local debt risks are mounting daily, causing China’s economy to flag externally and hemorrhage internally. China’s
US President Donald Trump and Chinese President Xi Jinping (習近平) were born under the sign of Gemini. Geminis are known for their intelligence, creativity, adaptability and flexibility. It is unlikely, then, that the trade conflict between the US and China would escalate into a catastrophic collision. It is more probable that both sides would seek a way to de-escalate, paving the way for a Trump-Xi summit that allows the global economy some breathing room. Practically speaking, China and the US have vulnerabilities, and a prolonged trade war would be damaging for both. In the US, the electoral system means that public opinion
RSS