Transitional Justice Commission

The Transitional Justice Commission (TJC; Chinese: 促進轉型正義委員會; pinyin: Cùjìn Zhuǎnxíng Zhèngyì Wěiyuánhuì) is an independent government agency of the Republic of China (Taiwan), established by the Act on Promoting Transitional Justice on 31 May 2018. The commission is responsible for the investigation of actions taken by the Kuomintang between 15 August 1945 and 6 November 1992. The commission's main aims include: making political archives more readily available, removing authoritarian symbols, redressing judicial injustice, and producing a report on the history of the period which delineates steps to further promote transitional justice.[1]

Transitional Justice Commission
促進轉型正義委員會
Cùjìn Zhuǎnxíng Zhèngyì Wěiyuánhuì
Agency overview
Formed31 May 2018
JurisdictionRepublic of China
HeadquartersDa'an, Taipei
Agency executives
  • Yang Tsui Chinese: 楊翠, Acting Chairperson
  • Vacant, Vice Chairperson
Websitewww.tjc.gov.tw (in Chinese)

History

The Act on Promoting Transitional Justice (促進轉型正義條例) was passed by the Legislative Yuan on 5 December 2017. The act sought to rectify injustices committed by the authoritarian Kuomintang government of the Republic of China on Taiwan, and to this end established the Transitional Justice Commission to investigate actions taken from 15 August 1945, the date of the Jewel Voice Broadcast, to 6 November 1992, when president Lee Teng-hui lifted the Temporary Provisions against the Communist Rebellion for Fujian Province, Republic of China, ending the period of mobilization.[2][3] This time period, in particular, includes the February 28 Incident as well as White Terror.

The commission was established formally on May 31, 2018 for a period of two years. Huang Huang-hsiung was chosen to chair the committee[4][5] and five other members were nominated by 31 March 2018: Chang Tien-chin, Hua Yih-fen, Hsu Hsueh-chi, Eleng Tjaljimaraw, and Greg Yo.[6][7] Peng Jen-yu, Yang Tsui, and Yeh Hung-ling were selected on 7 April.[8] All nine candidates were confirmed in May 2018, though both the Kuomintang and People First Party legislative caucuses abstained from voting.[9][10] The committee began operations on 31 May 2018.[11] Following a scandal, vice chairman Chang Tien-chin resigned from the commission on 12 September 2018,[12][13] Huang Huang-hsiung resigned the chairmanship on 6 October 2018,[14][15] and Yang Tsui was subsequently appointed acting chairperson.[16]

In April 2020, the Legislative Yuan extended the committee's tenure by one year, and the committee members were formally reappointed on May 26, 2020, although the Pan-Blue Coalition again boycotted the vote. Yang Tsui was formally re-elected chair, serving alongside committee members Awi Mona, Chen Yu-fan, Hsu Wei-chun, Lin Chia-fan, Peng Jen-yu, Frank Wang, and Yeh Hung-lin.[17]

Interaction with other transitional justice organizations

The commission has worked together with other organizations dedicated to transitional justice, such as the May 18 Memorial Foundation from South Korea[18] and the Stasi Records Agency of Germany.[19] An exhibit on the Gwangju Uprising opened in Taipei on 6 December 2019 and a letter of intent to hold regular workshops and exchanges with the Stasi Records Agency was signed on 13 December 2019.

Results

Exonerating political convictions

As a result of the commission's recommendations, a total of 5,837 people convicted of political crimes during White Terror have been exonerated due to recommendations made by the commission.[20] The first recommendation, also the first in Taiwanese history, came on 5 October 2018, when 1,270 people were exonerated, including writer Yang Kui and 27 Taiwanese aborigines.[21][22][23] On 27 February 1,056 people were exonerated.[24] On 30 May 2019, 3,062 people were exonerated, including former vice president Annette Lu, former mayor of Kaohsiung Chen Chu and Shih Ming-teh.[25] On November 8, 2020, the commission further overturned 12 sentences, bringing the total to 5,874.[26]

Removing symbols of authoritarianism

On 17 December 2018, the commission recommended that the honor guard at Chiang Kai-shek Memorial Hall be discontinued, as it is a symbol of the authoritarian era. The commission also recommended that the hall display permanent exhibits dedicated to human rights and democracy.[27] On 30 March 2019, the commission announced its intention to survey roads in Taiwan named after Chiang Kai-shek for potential renaming, as well as a survey on statues of Chiang in parks across the country for potential removal.[28] A report was released on July 10, 2020 which listed a total of 1,814 sites named after Chiang Kai-shek and Chiang Ching-kuo, as well as 1,235 monuments to them, and 848 statues of Chiang Kai-shek remaining (excluding those in Cihu Park).[29] The commission recommended the removal of the statues and renaming of the sites, leaving implementation to the respective agencies.[30] On October 26, 2020, the commission reported that 70% of the statues have been removed.[31]

Declassifying documents from the martial law period

On 4 July 2019, the Legislative Yuan passed a bill declassifying all government documents relating to the February 28 Incident, White Terror and period of mobilization. When the act was passed, the National Security Bureau held files concerning the deaths of Chen Wen-chen and the Lin family massacre which were still classified.[32][33][34]

On 7 December 2019, the commission announced that government intelligence reports regarding the Kaohsiung Incident had been declassified. The reports were said to show that the government had an informer inside staff of Formosa Magazine, which organized the protests. The commission did not say when the reports would be released to the public.[35]

On 17 February 2020, the commission released a report[36] that found that intelligence agencies were most likely involved in the killing of Lin family massacre during martial law. The report found that Lin had been under surveillance for the year leading up to the murders, and that the National Security Bureau had destroyed evidence related to the murders.[37] On 28 February 2020, President Tsai Ing-wen ordered the National Security Bureau to declassify political documents requested by the commission within one month.[38] On March 28, the National Security Bureau transferred the files to the National Archives Administration, including files related to the Lin family murders and the death of Chen Wen-chen.[39] On 4 May 2020, a report on the death of Chen Wen-chen was released. It concluded that Chen was most likely killed by state security, in contradiction with the official ruling of suicide at the time.[40][41]

On February 26, 2020, the commission publicly released a database consisting of government documents concerning military trials during martial law, covering 3,195 court cases. The database does not contain information on those who were executed without trial.[42]

On 8 March 2020, a report totalling over 1,200 pages titled The Draft Report on the Truth of the 228 Incident and Transitional Justice was published by the commission.[43]

Some of the declassified files have shown a close relationship between the Kuomintang and members of the Bamboo Union gang during martial law.[44] Documents from the Taiwan Provincial Police Division, now the National Police Agency, declassified on November 12, 2020 showed the extent of the KMT surveillance apparatus, which continued until Chen Shui-bian won the presidency in 2000 and reached its peak of 15,000 people in a year.[45]

Other

In May 2020, the commission announced that the concept of transitional justice would be included as a part of the civics and social sciences curriculum in public schools, in addition to the current topics of human rights and state-perpetrated violence.[46]

Eastern Depot scandal

During an internal meeting on 24 August 2018, vice chairperson Chang Tien-chin named Hou You-yi, who was then running for mayor of New Taipei City as a member of the opposition Kuomintang party, as a potential subject of investigation to benefit his party, the ruling Democratic Progressive Party, in the 2018 Taiwanese municipal elections. During the conversation, researcher Hsiao Jinan compared the committee to the Eastern Depot from the Ming Dynasty. Associate researcher Wu Pei-rong recorded the conversation and leaked it to the media. It was published on 11 September 2018 and resulted in Chang's resignation the next day, followed by Wu and Hsiao shortly thereafter.[47] Commission chair Huang also resigned a month later.[14] Chang was later impeached by the Control Yuan on 1 October 2019.[48]

Chairpersons

  Democratic Progressive Party   Independent/unknown

No. Name Term of Office Days Political Party Premier
1 Huang Huang-hsiung (黃煌雄) 31 May 20186 October 2018128 Democratic Progressive Party William Lai
— Yang Tsui (楊翠) 16 October 2018Incumbent842 William Lai
Su Tseng-chang II

References
  1. Shih, Hsiu-chuan (27 March 2018). "Veteran democracy advocate to lead transitional justice work". Central News Agency. Retrieved 1 June 2018.
  2. Lin, Sean (6 December 2017). "Lawmakers pass transitional justice act". Taipei Times. Retrieved 1 June 2018.
  3. "Legislature passes bill promoting transitional justice". Taiwan Today. 7 December 2017. Retrieved 1 June 2018.
  4. Peng, Wan-hsin; Chin, Jonathan (28 March 2018). "Transitional justice group head picked". Taipei Times. Retrieved 1 June 2018.
  5. Lee, Hsin-fang; Hsiao, Sherry (26 March 2018). "Faculty tipped for justice committee". Taipei Times. Retrieved 1 June 2018.
  6. Hou, Elaine; Low, Y.F. (31 March 2018). "Taiwan's Cabinet announces nominees to transitional justice committee". Central News Agency. Retrieved 1 June 2018.
  7. Hsu, Stacy (1 April 2018). "Six justice committee members named". Taipei Times. Retrieved 1 June 2018.
  8. Lin, Hsing-meng; Low, Y.F. (7 April 2018). "Remaining 3 nominees to transitional justice committee named". Central News Agency. Retrieved 1 June 2018.
  9. Chen, Chun-hua; Fan, Cheng-hsiang; Ku, Chuan; Shih, Hsiu-chuan; Kao, Evelyn (8 May 2018). "Legislature approves nominees to transitional justice committee". Central News Agency. Retrieved 1 June 2018.
  10. Lin, Sean (9 May 2018). "All transitional justice panel nominees OK'd". Taipei Times. Retrieved 1 June 2018.
  11. Yeh, Su-ping; Kao, Evelyn (31 May 2018). "Taiwan launches Transitional Justice Commission". Taiwan News. Central News Agency. Archived from the original on 2 June 2018. Retrieved 1 June 2018. Alt URL
  12. Huang, Sunrise; Lee, Shu-hua; Ku, Chuan; Kao, Evelyn (12 September 2018). "Transitional Justice Commission vice chairman resigns". Central News Agency. Retrieved 12 September 2018.
  13. Hsu, Stacy (13 September 2018). "Deputy chairman resigns from Transitional Justice". Taipei Times. Retrieved 13 September 2018.
  14. Hsu, Stacy (7 October 2018). "Transitional justice chairman resigns". Taipei Times. Retrieved 7 October 2018.
  15. Hou, Elaine; Lee, Hsin-Yin (6 October 2018). "Taiwan's Transitional Justice Commission chairman resigns". Central News Agency. Retrieved 6 October 2018.
  16. Lee, Hsin-fang; Wen, Yu-te; Hsiao, Sherry (2 November 2018). "Commission outlines options for statues". Taipei Times. Retrieved 17 November 2018.
  17. Wang, Yang-yu; Fan, Cheng-hsiang; Mazzetta, Matthew (May 26, 2020). "Transitional Justice Commission members confirmed in party-line vote". Central News Agency. Retrieved May 26, 2020.
  18. Chen, Yu-fu; Xie, Dennis (December 7, 2019). "Exhibition on S Korea's Gwangju Uprising opens". Taipei Times. Retrieved December 14, 2019.
  19. Wang, Flor; Lin, Yu-li (December 13, 2019). "Taiwan, Germany sign deal on promoting transitional justice". Central News Agency. Retrieved December 14, 2019.
  20. "Politics Ceremony held to mark exoneration of 3,062 political victims". Central News Angecy. Taiwan. July 7, 2019. Retrieved August 23, 2019.
  21. Lin, Sean (October 6, 2018). "Commission exonerates 1,270 people". Taipei Times. Taiwan. Retrieved August 23, 2019.
  22. "Taiwan pardons over 1,200 'White Terror' victims". France 24. France. October 5, 2018. Retrieved August 23, 2019.
  23. Chen, Yu-fu (December 10, 2019). "Commission exonerates 1,505 people". Taipei Times. Taiwan. Retrieved August 23, 2019.
  24. "Justice commission set to exonerate 1,056 people". Central News Agency. Taiwan. January 25, 2019. Retrieved August 23, 2019.
  25. "Transitional Justice Commission exonerates 2,006 political persecution victims". Taiwan Today. Taiwan. June 3, 2019. Retrieved August 23, 2019.
  26. Chen, Yu-fu; Chung, Jake (November 8, 2020). "Justice commission overturns White Terror convictions". Taipei Times. Retrieved 18 November 2020.
  27. "Commission advises withdrawal of honor guard at CKS Memorial Hall". Central News Agency. Taiwan. December 17, 2018. Retrieved August 23, 2019.
  28. Chen, Yu-fu; Heatherington, William (April 2, 2019). "Zhongzheng Road count expected to end by September". Taipei Times. Taiwan. Retrieved August 23, 2019.
  29. Lee, Hsin-fang. "Taiwan still replete with reminders of authoritarian-era rulers, report finds". Taipei Times. Retrieved 14 July 2020.
  30. Chen, Yu-fu; Chung, Jak. "Progress made on removal of authoritarian-era statues". Taipei Times. Retrieved 13 August 2020.
  31. "促轉會：中央機關清除近7成蔣中正銅像等威權象徵" [Transitional Justice Commission: The central government has removed 70% of symbols of authoritarianism, including statues of Chiang Kai-shek]. Central News Agency (Taiwan) (in Chinese). October 26, 2020. Retrieved 18 November 2020.
  32. "Taiwan's parliament passes bill on declassifying political files". Central News Agency. Taiwan. July 4, 2019. Retrieved August 23, 2019.
  33. "Chiang Kai-shek Memorial Hall to face 'transitional justice'". Central News Agency. Taiwan. February 25, 2017. Retrieved August 23, 2019.
  34. Huang, Hsin-po; Chin, Jonathan (July 28, 2018). "Commission vows follow-up on secret White Terror files". Taipei Times. Taiwan. Retrieved August 23, 2019.
  35. Hsieh, Chia-chen; Mazzetta, Matthew (December 7, 2019). "Intelligence reports on Kaohsiung Incident declassified". Central News Agency. Retrieved December 14, 2019.
  36. "促進轉型正義委員會林義雄宅血案調查報告" [Report on the Lin Family Massacre by the Transitional Justice Commission] (in Chinese). February 17, 2020. Retrieved February 18, 2020.
  37. Yu, Matt; Wang, Yang-yu; Yeh, Joseph (February 17, 2020). "Intelligence agencies likely involved in Lin family massacre: report". Central News Agency. Retrieved February 18, 2020.
  38. Lim, Emerson; Yu, Hsiang (February 28, 2020). "President Tsai leads 228 Incident commemoration". Central News Agency. Retrieved February 29, 2020.
  39. Wen, Kuei-hsiang; Ko, Lin (March 28, 2020). "NSB declassifies political files for public scrutiny". Central News Agency. Retrieved April 10, 2020.
  40. Chen, Yu-fu; Hetherington, William (May 5, 2020). "New details revealed in activist's death". Taipei Times. Retrieved May 5, 2020.
  41. Yeh, Su-ping; Yeh, Joseph (May 4, 2020). "New report links state forces to death of 1980s activist Chen Wen-chen". Central News Agency. Retrieved May 5, 2020.
  42. Chung, Jake (February 27, 2020). "White Terror database released". Taipei Times. Retrieved February 26, 2020.
  43. Lim, Emerson (March 8, 2020). "New report on 228 Incident published in pursuit of transitional justice". Central News Agency. Retrieved March 9, 2020.
  44. Pan, Jason (June 25, 2020). "Files show KMT links with gangs". Retrieved 28 June 2020.
  45. Jason, Pan. "Justice commission reveals extent of KMT surveillance". Taipei Times. Retrieved 18 November 2020.
  46. Chen, Yu-fu (May 22, 2020). "Schools to include lessons on state-inflicted violence". Taipei Times. Retrieved May 26, 2020.
  47. 林思慧 (2018-09-11). "【促轉會淪選戰打手】打侯會議　談話重點還原" (in Chinese). 鏡周刊. Archived from the original on 2018-09-12. Retrieved 2018-09-13.
  48. Hsieh, Chun-lin (2 October 2019). "Chang Tien-chin impeached over neutrality breach". Taipei Times. Retrieved 29 October 2019.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.