Investigation Report on Lin Shui-chuan's Case
Introduction
In the 1960s, Mr. Lin Shui-chuan, a victim of political persecution, was branded a hoodlum and imprisoned for 575 days without judicial process after his criticism of the government while he was running for public office. This case was investigated by Members members of the Control Yuan: Kao, Yung-Cheng cheng and CHANGChang, CHUChu-FANGfang. The investigation report was reviewed and approved by the National Human Rights CommissionNHRC of the Control Yuan on April 12, 2021 and submitted to the Transitional Justice Commission for law amendment as soon as possible.
With unlawful violation of the state administration act during the period of authoritarian rule in Taiwan, the government sent dissidents like Mr. Lin Shui-chuan for reformation training without a trial and violated his personal freedom and human rights. Mr. Lin Shui-chuan has repeatedly claimed compensation and judicial wrong to the judicial and administrative agencies.; hHowever, his petitions were rejected as his case did not comply with the scope of protection stipulated in the relevant transitional legal system and his case was not qualified for the “Compensation Act for Wrongful Trials on Charges of Sedition and Espionage during the Martial Law Period.” The Transitional Justice Commission also rejected his petition of judicial wrong.
According to the “Act on Promoting Transitional Justice,” the Transitional Justice Commission is responsible for redressing judicial wrongs, restoring historical truth, and promoting social reconciliation. This sort of situation should be deemed a major legislative flaw according to the Interpretation No. 477 of the Judicial Yuan. However, only if a person has been convicted on the basis of the same reasons and facts, the conviction and any punishment, rehabilitative measure, or confiscation rendered against that person shall be deemed void according to Article 6 of the “Act on Promoting Transitional Justice,.” iIt is indeed a pity for people who have suffered unfair reformation training.
During the case investigation, the commissioners NHRC members of the National Human Rights of the Control Yuan visited Xiaoliuqiu and Pengtsun Farm near Donggang and Linbian Township in Pingtung County with victims of political persecution in former 3rd Occupational Training Headquarters of Taiwan Garrison Command on Liuqiu Island (also known as the 3rd Occupational Training Headquarters on Liuqiu Island): Mr. Zhang Zez-chou and Mr. Huang Hua. By reviewing the preserved historical materials in humanities, land administration, and household registration, etc., they hope to restore the relevant historical sites of the 3rd Occupational Training Headquarters. However, the 3rd Occupational Training Headquarters was established too long ago and relocated several times, and there is no remnant for the forced labor camp and Pengtsun Farm. Those political victims similar to this case are old and the research document is limited. The authorities is urged to conduct research in relevant historical sites in accordance with the relevant review procedures as soon as possible, to determine whether they can be listed as historical sites where injustices were committed.