The plight of Su Chien-ho (蘇建和), Liu Bing-lang (劉秉郎) and Chuang Lin-hsun (莊林勳) began in 1991, when they were accused of brutally murdering a couple in Taipei County. Despite the lack of material evidence, the three men were sentenced to death based almost entirely on confessions allegedly extracted under torture.
Killing in Formosa I (島國殺人紀事I), a documentary by producer and director Tsai Tsung-lung (蔡崇隆), was filmed in 2000, when the three men — who came to be known as the Hsichih Trio — were in prison amid a lengthy legal process, with the Supreme Court twice returning the case to a lower court for reconsideration and the State Public prosecutor-general making three special appeals to the Supreme Court to review the case.
Tsai decided to film a sequel, Killing in Formosa III (Killing in Formosa II was about a separate case), last year after the Taiwan High Court in July 2007 reversed its 2003 acquittal of the three defendants and sentenced them to death.
PHOTO: CNA
Taipei Times: In “Killing I” the film focused on discussions about the evidence and the legal process, while in “Killing III” viewers saw more about how the Hsichih Trio live outside prison. What is the most important thing you hoped to achieve in “Killing III” that you were not able to do in the first film?
Tsai: In Killing III, we were able to focus more on projecting the three men as real people — not just prisoners with chains on their feet and hands. It was the closest we got to filming them as normal people. What if they are innocent? If they are not criminals but they are always filmed with handcuffs on, you create a tainted image of them. So I think in Killing III we were able to make them more human, whereas in Killing I their roles were predetermined to be prisoners because we could only film them in jail. We do not have those limitations in the sequel, so I believe the audience can view them from a better perspective.
Now that I've become friends with the three, some might think the film has taken on a warmer tone. If you get to know these men, you would know that they are not capable of committing such crimes. However, not everyone can get to know them, so I hope the documentary can serve as a platform for people to know them indirectly.
I hope the film acts as a bridge between the audience and the defendants, as well as a bridge between the victims' family and the defendants, because in real life, they would never have the chance to start a dialogue with one another, except in a framework where they play the roles of defendants or victims' families. I hope that through the documentary, they can take a good look at each other and listen to one another. The two sides are both victims, and it's very sad because the system oppresses them, and they in turn oppress each other.
TT: You have known the trio for about 10 years now. How do you think your interaction with them has changed over the years, and how has that change affected your making of “Killing I” and “Killing III”?
Tsai: When we filmed Killing I, we could only interview them in the meeting room provided by the prison wards and film some of their activities in prison, so our understanding of their lives in jail was very limited. We got to know them better indirectly by talking to their families and reading what they wrote. The Humanistic Education Foundation has volunteers who visit them every week, so we also interviewed the volunteers to hear what they had observed about them. If you were to compare Killing I and Killing III, you would see that we had more interaction and became more like friends in the sequel.
Throughout the entire film, you won't hear the narrator say that the three are innocent, even though I have become friends with them and, as a friend, I don't think they have killed anyone. I think that if the court cannot prove they are guilty, then it should rule that they are innocent.
I don't want my images to tell the viewer they are guilty or not guilty. I don't like cramming ideas into people's heads. Just because I don't think they are criminals, it doesn't mean I should make a film to convince the viewer of their innocence. I hope my images allow viewers to decide for themselves.
TT: What does the case tell us about Taiwan's judiciary?
Tsai: The way our courts have handled the Su case [Hsichih Trio case] disappoints me. The courts are prejudiced against them and try to find evidence to prove that they are guilty. They try to force a confession, and then use it against them.
Perhaps it's because I went to law school, so I see the case as two issues: One is whether they are truly guilty, the other is whether they are guilty in the eyes of the law. Some people think the two are the same, but for me, there is a big difference.
For example, if the three committed murder, but our courts cannot find any evidence to prove it, then we can only let them go free. It's the same as the OJ Simpson trial, many people may believe he is guilty, but because there is insufficient evidence, he cannot be convicted of murder. It sounds harsh, but if we live in a state ruled by law, we have to accept this.
TT: Do you hope to influence judges and prosecutors involved in the case with the films?
Tsai: I don't know if the people who handled the Su case have watched the film. I read media reports that the offspring of a judge saw the film and asked his father, how can you rule this way or that. I admit, Killing I did not portray the judges in a positive light.
I'm actually quite afraid that the case may become too famous. If the Su case is resolved and everyone is happy, people might think all the judicial system's flaws have been rectified. That isn't what I wish to see. There are many other cases that show flaws in the judicial system.
History has shown that it is difficult to expect people in power to act according to their conscience. It is up to us ordinary citizens to help the victims of unfair trials. If we can make our voices heard and bring pressure on the authorities, then we can make a difference. They are not bad people; maybe they don't have the time or they change when they get into a position of power.
I don't expect to influence judges or people in power with my documentary, but I hope that as more viewers see the film, more people will keep a close watch on the judicial system.
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