At today's Cabinet meeting, Premier Jiang Yi-huah said the Legislative Yuan passed revisions to the Code of Court Martial Procedure on August 6, transferring jurisdiction of all military criminal cases occurring during peacetime to the civilian court system.
The change will be implemented in two stages, beginning immediately with cases involving abuse of subordinates as described in Articles 44-46 of the Criminal Code of the Armed Forces as well as various offenses enumerated in Article 76, Paragraph 1 of the same code. Premier Jiang instructed the Ministry of National Defense (MND) to cooperate fully with the Ministry of Justice and the Judicial Yuan to ensure that the transfer is carried out properly and that all complementary measures are completed within five months.
After hearing the MND's report on reforming human rights protection, Jiang said the recent death of army corporal Hung Chung-chiu has triggered a public outcry to examine human rights issues in the military, including problems concerning the disciplinary, confinement, grievance and trial procedures.
Responding to the public's demand for reforms, the premier instructed Minister without Portfolio Luo Ying-shay to establish a cross-agency task force to oversee sweeping changes to the system. On August 3, Premier Jiang also pledged swift government action: to form an appeals committee to probe miscarriages of justice in the military, to push for revision of the Code of Court Martial Procedure, and to demand an immediate investigation by the MND into disciplinary practices. These efforts may be complex and difficult, Jiang said, but the crisis is also an opportunity to make the system stronger and better.
The MND report revealed that Hung's death occurred not because of a lack of military rules, but because the commanding and administrative officers failed to follow proper procedures—from the decision-making process about Hung's punishment, to the method of his confinement, to the manner in which his medical emergency was handled. Looking at the report's recommendations about improvements to the confinement facilities and grievance-filing system or prevention of administrative oversight, one can see that rules were in place but not implemented, Jiang said.
The premier ordered the MND to set up a concrete timetable for examining the faults that were exposed by this incident and making thorough changes. This sort of power abuse must never be allowed to occur again so that parents can feel reassured about sons and daughters joining the military and citizens can once again have faith in the armed services.
It is regrettable that the incident has damaged the military's image because the overwhelming majority of soldiers are working faithfully to protect the nation, Jiang said. Alongside reform action, therefore, the MND must also take steps to improve morale and maintain a sense of honor and confidence within the armed forces. These solemn responsibilities now fall to General Yen Ming, the newly appointed defense minister, who comes with a reputation for stern leadership. Premier Jiang hopes the general will have more opportunities to interact with the basic regiments and understand their situation, utilizing his experiences to guide the military through this transformation.
Jiang added that it is not only the MND that should do some soul searching, but every government agency should examine its own procedures for possible mistreatment of people or infringements of human rights.
From Hung's case, it can be seen that the issue is whether existing rules and protocols were followed, the premier pointed out. Many instances of power abuse have resulted from a lack of proper implementation, and this is particularly important with law enforcement personnel such as soldiers, police, immigration officers, investigators, prosecutors, medical personnel, educators, traffic wardens and tax personnel. The abuse of power is not limited to the military, so all ministry heads should examine their agencies for any exploitation of authority resulting from lack of enforcement of rules.
Another lesson for government agencies to take away is crisis management, Jiang continued. "At the very least, a crisis should be addressed speedily, but more importantly, with honesty and transparency. The best way to solve a problem is to face it head on. Not having all the facts or not being transparent from the outset will only spawn public suspicion and make it harder for us to control the situation later on."
The premier said Hung's case also sparked a new form of social movement in which military human rights civil groups took to the Internet to organize a mass rally. He was deeply impressed with the demonstration because so many citizens participated in a rational manner without engaging in clashes or street skirmishes. Jiang said the government should pay heed to this type of public expression when carrying out future policies. He expects not only the MND but all agencies to examine their processes and make improvements where necessary.