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Democratic as we are, ironically, there are times that justice can't look
for such as the wrongful execution of air force serviceman who convicted of
rape and murder a child 14 years ago. Undoubtedly, the authorities concerned
like Military of Defense, the Legislative Yuan and Judicature have responsibil
ities to review completely in this unacceptable incident. In my opinion, I thi
nk importance of the following mentioned can't be overemphasized.
First of all, the due process should be abided strictly by law executors,
for example, only prosecutors, polices and investigators stipulated in Article
8 of the Constitution Law have rights and duties to investigate the suspects.
In addition, according to the Criminal Procedure Law, it is unallowable to
use coerced methods to acquire confession and evidence. Unfortunately, in the
wrongful execution of air force serviceman has both illegal situations mention
ed above. The serviceman was investigated by military officers instead of mili
tary polices. What is worse is that interrogators had tortured serviceman for
37 hours in order to acquire his confession, forcing him to look at the light
continuously and watch the video tape playing the victim was dissected. Eventu
ally, the serviceman suffered from physical and mental harm extremely than he
could tolerate and he confessed the charge he didn't commit actually. Furtherm
ore, he was executed as soon as we can imagine. A young life disappeared less
than one year from interrogation to execution.
Besides, the military personnel who allegedly involved in this wrongful exe
cution would not face any punishment, all of whom can enjoy their pensions and
privileges in whole life. On the ground of that the deadline of prosecution
has passed. Obviously, it have existed a loophole and the final decision towar
d military personnel can't live up to exception of society even can't consult
with public outrage. Consequently, it is necessary to extend even not to limit
the deadline of prosecution for law executors who did terrible misconducts re
sulted in miscarriage of justice.
In addition, we all know that life can't recover, thus the government shoul
d compensate with families of executed people as possible as it can when the
tragedy happened. The government should ensure they have no difficulties for
living. In view of the purpose, the compensation amount in the False Imprison
ment Compensation Law should be raised to NT5000 per day from the existing NT
100-3000 per day for the average life expectancy of executed people and it is
necessary to remove the current compensation cap NT30 million in this situat
ion.
The last but not least, the military needs reform to become more transparent
In short, the military is an opaque institution that runs on its own laws and
it means everyone in the military is denied the rights he or she would have en
joyed as a civilian. In the case, the serviceman was interrogated, tried and e
xecuted by military. It seems so moral that military court didn't question the
legitimacy of the interrogation and evidence collected. Undoubtedly, because o
f its nature, we know that military can't be as transparent as other governmen
t institutions. But something needs to done to prevent such an incident occurr
ing again. Therefore, stricter monitoring by civilian government is necessary
and our parliament is definitely the situation that must supervise the militar
y appropriately.
To sum up, the misconducts in the case should revise immediately, we can't tol
erate one innocence life sacrificed so as to recover honor of military.It's a
extreme stain in our human rights processing history, the government should re
member the lessen and reform the military system thoroughly.
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