Partisan strife was frequent and justice bills were few in the previous legislative session, civil groups said on Thursday, urging the governing and opposition parties to work together to pass what they described as the “10 priority policies and bills,” including a public interest act to protect whistle-blowers.
A justice alliance formed by the Taiwan Jury Association, Prison Watch, Taiwan Civil Liberties Union and other civil groups released its evaluation report on the legislature’s contribution to judicial justice ahead of the beginning of the new legislative session yesterday.
The report said the legislature underperformed, as only 11 bills were relevant to judicial justice in the previous session, much fewer than before.
Photo: George Tsorng, Taipei Times
Most bills that passed the third reading remained the same as the version proposed by the Executive Yuan, indicating that lawmakers are not proactive enough, it added.
The underperformance of the legislature can be linked to the legislative reform bill proposed in the session, which was intended for good, but became a waste of resources due to partisan power struggles, delaying addressing of other urgent judicial challenges, the report said.
However, the reform bill included an amendment to the Criminal Code and the Act Governing the Legislative Yuan’s Power (立法院職權行使法), criminalizing “contempt of the legislature” and requiring the president to reply to lawmakers’ questions immediately after giving an address at the legislature which contradicted the Constitution, it said.
Under the Constitution, the president is not accountable to the legislature, so they do not need to respond to lawmakers, the report said, adding that the amendment should be revised.
The justice alliance also questioned the amendments to the Communication Security and Surveillance Act (通訊保障及監察法), which allow prosecutors to access personal information and network traffic records for investigation purposes, which has caused concerns about invasion of privacy.
The amendments to the Fraud Hazard Prevention Act (詐欺犯罪危害防制條例) also raised human rights concerns, it added.
As such, the alliance proposed 10 judicial policies and bills the legislature can put on top of its agenda for the new session including: abolishing inquiry sessions conducted by prosecutors; amending the State Compensation Act (國家賠償法); establishing a public interest act to protect whistle-blowers; establishing an act in line with the UN’s Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; dividing labor between prosecution and policing systems; curbing prosecutors’ abuse of their power to appeal verdicts; amending the Prison Act (監獄行刑法) to protect prisoners’ rights to vote and institute legal proceedings; establishing an act to combat military injustice; and reducing judicial burdens.
Self-inflicted injuries top the list of causes of deaths in the military, with 97 cases over the past five years, the alliance said, citing data from the Audit Office, adding that the government should protect human rights in the military.
From the restriction of personal freedom to inappropriate police interrogation, torture comes in different forms and puts people at risk of inhuman treatment, Taiwan Jury Association founder Jerry Cheng (鄭文龍) said, calling for the establishment of an act against torture and other cruel treatment.
A public interest act to protect whistle-blowers is needed as well to prevent unlawful deeds inside government agencies and the private sector, he said, adding that the ruling and opposition parties should respect each other and negotiate the priority policies and bills.
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