In the year of 2007, there are thunder and lightings as well as sunshine and clouds in the field of human rights. Now is the time to give an end-of-the-year evaluation on what the nation has or has not done to safeguard its people’s human rights.

For the upcoming general elections for the nation’s president and legislators in 2008, what can the public expect?

At the eve of Human Right’s Day (10 December), Taiwan Association for Human Rights (TAHR) organizes its annual event “Top Ten Human Rights News Evaluation” to raise awareness about major human rights violations and the importance of human rights standards, and to monitor the ruling government so that the standards are upheld and not deteriorating. At the same time, TAHR is going to announce a “Human Rights Indicator for General Elections Candidates” questionnaire project. The result of this questionnaire is aimed to provide the general public references about each candidates and their standard of human rights. We welcome the public to demand their candidates to complete this questionnaire.

We welcome all media to attend this press conference. There will be short performances of action theatre that revisit the selected news stories of the year. Let’s promote the monitoring of human rights standards as a civil society movement!

TIME: December 7, 2007 VANUE: Conference Room 3A, National Taiwan University Alumni House (No. 2-1, Section 1, Chinan Road, Taipei City) ORG: Taiwan Association for Human Rights (TAHR) MC: Shuya LIN, Secretary General, Taiwan Association for Human Rights (TAHR)

時間：2007年12月07日（星期五）早上10：00 地點：台大校友會館3A會議室（台北市濟南路一段2-1號） 主辦單位：台灣人權促進會 主持人： 林淑雅 台灣人權促進會秘書長

Invitation to Fundraising Supper of Taiwan Association for Human Rights Dear all,

Taiwan Association for Human Rights (TAHR) has always been trying our best to realize the ideals of human rights and justice in Taiwan. If the human rights have retrogressed, we believe you care as much as we do.

It has been 20-plus years since the declaration to end martial law and TAHR has contributed to the freedom of assembly for 23 years. However, Assembly and Parade Law has been the obstacle against people participating public issues. Those charged of violating the law are most from disadvantaged minorities such as labors, peasant, students and environmental protection groups.

During the 16 years of the His-chih Trio trial, TAHR influences Taiwanese jurisdiction system on prevention of extracting confession by means of torture, principle of “presumption of innocence”, and revolution in evidence and forensic science through the actions toward saving the Three. However, today, we can still see the death sentence solely based on confession.

When Losheng Sanatorium faced the crisis of being torn down and moved, TAHR assisted setting up attorney group, counselor group and strived for the chance to negotiate. Yet, due to the unwilling of the government to release information, it seems Losheng Sanatorium will still be forced to move; the reserve policy will still be in name only.

The case of RCA pollution has not ended, yet the government permits vicious industrial policy and the game of capitalists. Who can protect citizens and lands?

Facing the reality that human rights have gone backward, TAHR will continue confronting unreasonable law, devoting to the revolution of systems, disposing unsound policies and realizing human rights and justice. The determination and fortitude of TAHR have never been changed.

Most importantly, we appreciate your support and dedication to the work of human rights and sincerely invite you to the Fundraising Supper of Taiwan Association for Human Rights

劉靜怡 (Chairperson) 林佳範 (Deputy Chairperson) 林淑雅 (Secretary General) and the Board of Directors and the Secretariat

2007 TAHR Annual Fundraising Supper Date: 15 September 2007 (Sat.) Time: 6:30 PM Venue: Gian-Goa Bear Factory (No.85, Sec. 2, Bade Rd., Zhongshan District, Taipei City )

The Judicature is Guilty; the Three is Not Guilty—Let Hsi-chih Trio Try the Justice Continuously!

A United Statement issued by The Humanistic Education Foundation, Taiwan Association for Human Rights, Judicial Reform Foundation 20070629

It was 16 years ago that the Trial of Hsi-chih Trio had first sparked the enormous attention from every part of the Taiwanese society. In 2003, the three convicts Su Chien-Ho, Liu Bing-Lang and Chuang Lin-Hsun were announced acquitted for the first time by the High Court’s criminal court, but this morning, Jun 29, 2007, the Court has shockingly reversed its judgment to sentence the three with death penalty. We are tremendously disappointed in the High Court’s verdict and here we express our remorse and protest altogether to the injustice that Taiwan’s judicial system has done to its own people:

1. Su, Liu and Chuang are Innocent; Humanitarian Groups Will Never Compromise We consider the execution of the Trial of Hsi-chih Trio the most unprofessional and inhumane one in Taiwan’s judicial history. The three defendants are the victims of the abused prosecutorial and police power, and the judgment in this case serves as the darkest example for the violations of “Assumption of non-guilty” and the “Rule of Strict Evidence” of our country’s court. Under the condition that the prosecutor could not provide any evidence for the three defendants’ alleged crimes, the three should be pleaded as “non-guilty” according to law! We will never stop rescue to the three innocent defendants; we will never give up our insistence for a “non-guilty” judgment.

2. Pleaded Guilty, Where Are the Evidences? One country can call its own judicial system “civil”, but the existence of the controversial Hsi-chih Trio only proves it otherwise; the guiltless defendants are still pleaded guilty, what a shame for the Taiwan’s law circle to bear. During the recent remanded trial, the pro bono put a great appeal for the Court’s consent of Dr. Henry C. Lee, the prestigious forensic specialist and criminologist, to testify on the court. Doctor Lee has provided 18 new evidences which tended to overturn the evidences and hypotheses the prosecutor had given to convict the three; nevertheless, the Court refused to scrutinize the new evidences and to abide by the “Assumption of non-guilty” and the “Rule of Strict Evidence” in the criminal law; the carelessness of our High Court is all reflected in its new verdict for the Trio.

3. International Protest of The Brutish Law While continuing our legal rescue in the case of Hsi-chih Trio, various humanitarian and judicial reform groups want to express their appeal: “Guilty is the judicature, not the defendants!” Within these 16 years what have been tried by our court were not the three guiltless people, but the unjust country and its unjust judicial system. We will never stop trying any legal paths to rescue the three, but after many years of action, we admit that we are loosing faith in the country’s judicature. For 16 years many major international human rights organizations—Amnesty International (AI), International Federation for Human Rights (FIDH), International Commission of Jurists (ICJ)—all paid long-term attention to this trial. Thus we hope to expand our rescuing network oversea, as far as to the human rights department in the United Nation.

4. Be with them in this road It’s been one and a half decade. We were hoping that this remanded trial would be the end of the Hsi-chih Trio and the end of injustice to the three; apparently we were mistaken and were forced to embark on to the 17th year of our rescuing action. We hope the populace will continue their support to Su, Liu, Chuang and their families; the humanitarian and judicial reform groups will continue to monitor the trial, and hope that in the future more people and resource will join our fight. We pray that our determination will rinse the murky mark the uncivilized judicature had imprinted on them 16 years ago.

If their bodies are caged, their souls are free; let history be their judge and return them the final freedom they have exchanged with their youth. If our judges would not admit their fraud, then the Trial of Hsi-chih Trio will continue to try their conscience!

To all that care about the Trial of Hsichih Trio, please come to the open discussion hosts by the Team of Redressing the Trail of Hsichih Trio at 2:00 pm, Sunday July 8, 2007, at Eslite Bookstore (Dun-Nan Store) B2 Media Center , to seat with Professor Lee Mao-Sheng (National Taiwan University Law School), Pro bono Sue Yo-Cheng, and legal medical expert Wu Mu-Zon to analyze the High Court’s verdict on the trial together, unmasking the craft behind the problematic judgment.

Information about the Team of Redressing the Trial of Hsichih Trio please go to: http://www.hsichih-trio.url.tw/

Please support our joint petition to voice the rights of leprosy patients at the Lo Sheng Leprosarium (LSL) who were quarantined here by force for decades since 1929 during the Japanese colonial period in Taiwan (1895-1945). Over 300 elderly patients, at age average seventy-five, are now issued to be relocated against their will (again) by the local government of Taiwan, to clear way for metro construction on the site of LSL.
The petition demands a hold to the metro construction and demands due respect to the human rights of the elderly leprosy patients who have spent most of their lives at LSL as their home and sanctuary.

Join photo petition: http://www.pcschool.idv.tw/loshengunity/ Join written petition: by email to tahr@seed.net.tw with headline “support LSL” News report & further link: https://www.taipeitimes.com/News/taiwan/archives/2007/03/17/2003352642 http://www.wretch.cc/blog/happylosheng

International Human Rights Day was marked in Taipei by a march against the political killings in the Philippines. Some seventy overseas Filipinos and Taiwanese friends staged the mass action in the Chung Shan North Road area, where most Filipinos in Taipei are found during Sundays. Shouting Stop the killings and uphold human rights in the Philippines, the marchers stopped three times to encourage migrant workers they passed by to place stickers on a plain Philippine map. This symbolized their intent that such killings would not occur in their home provinces back home. At the start of the activity, the protesters pressed their reddened hands at the map to symbolize the rampant killings in the whole country. It ended with a tribute and prayers to those who were killed. The poem, Because They Call You Enemy of the State, was read. Luo Mei Wen, adviser of the Labor Rights Association (LRA) shared his experience during the International Labor Solidarity Mission to the Philippines last May. He explained that one of those he met in the KMU led activity had recently been killed. Wu Ching Ru of the Taiwan International Workers Association (TIWA) on the other hand stated that what is happenin! g in the Philippines right now is like the white terror times of the 1950’s in Taiwan. She added that state terrorism is the biggest threat to human rights and the US government supports many of the states that practice this. Others who spoke included those from Kapulungan ng Samahang Pilipino (Kasapi), Taiwan Association for Human Rights (TAHR), Workers Democratic Association, Solidarity for Peoples Power (SPP) and Migrante Sectroral Party (MSP)’s Taiwan Chapter. Labor Rights Association (LRA), TAHR, SPP and MSP organized the said activity. Other local and Filipino organizations also took part in the protest action. It was also announced during the activity that 31 Taiwanese legislators had already signed a petition condemning the killings in the Philippines. And that the next activity of the anti-stop killings network would be a concert by the Cordillera Peoples Alliance (CPA) cultural alliance on January 6 and 7 also in Taipei. The protest action ended with shouts of Long Live International Solidarity.

Organizers:
Labor Rights Association (LRA) Migrante Sectroral Party (MSP), Taiwan Chapter Solidarity for Peoples Power (SPP) Taiwan Association for Human Rights (TAHR)

Amnesty International has just learnt that Chong Deshu is at risk of imminent execution in Taiwan. His execution order was reportedly signed by the Minister of Justice on 1 December 2006. This is particularly regrettable given that the Taiwan’s Minister of Justice, Shih Mao-Lin, appears to have signed the execution order just weeks after sending a letter to Amnesty International last month in which he promised to “give serious thought to [Amnesty International’s] suggestion not to carry out any executions over the coming months.”

On the eve of the World Day against the Death Penalty, 10 October, Amnesty International had written to the Taiwan administration urging that steps be taken to abolish the death penalty. For a full text of the letter please see

http://asiapacific.amnesty.org/apro/APROweb.nsf/pages/adpantaiwandp

There were three executions in Taiwan last year but the number of executions has been going down since 1998.

We would be very grateful if you could act on behalf of Chong Deshu either through sending appeals and/or placing this Urgent Action on your own websites so that ADPAN, Amnety Internatoinal and others can do all we can to stop the execution in the hope that Taiwan will seriously consider taking practical steps to abolish the death penalty.

With many thanks and best wishes,

Louise Vischer Death Penalty Regional Project Asia-Pacific Region (Monday, Tuesday and Wednesday) Amnesty International, International Secretariat 1 Easton Street

London WCIX ODW, UK

E-mail: lvischer@amnesty.org Direct line: +44 20-7413-5656 Fax: +44 20-7413

5722

http://www.amnesty.org, http://www.asiapacific.amnesty.org

PUBLIC AI Index: ASA 38/002/2006
06 December 2006 UA 328/06 Imminent Execution TAIWAN Chong Deshu (m)

Chong Deshu is at risk of imminent execution. His execution order was reportedly signed by the Minister of Justice on 1 December 2006. Under standard procedure, execution should have taken place three days after the notice of final judgment from the Ministry of Justice – that is, 4 December 2006. However, the execution has not yet been carried out. It is possible that the Chong Deshu could be executed at any moment without notice.

The execution appears to have been delayed because the Prosecutor-General has permitted Chong Deshu’s lawyer further time to review the papers in the case. His lawyer is now trying to see whether there are any further legal channels that could be used to prevent his execution.

Chong Deshu was convicted of arson in August 2003. The fire led to the deaths of three people and injuries to 18 others. He was sentenced to death and has spent three and a half years on death row.

Taiwan’s Minister of Justice, Shih Mao-Lin, appears to have signed the execution order just weeks after sending a letter to Amnesty International in which he promised to “give serious thought to [Amnesty International’s] suggestion not to carry out any executions over the coming months.” He also stated “We must say we agree with you completely that the reliance on the death penalty as a method of crime control is illusory. We also believe that execution is not the answer.” Amnesty International had written to him on 10 October 2006, the World Day against the Death Penalty, urging the authorities to move swiftly towards abolition of the death penalty in line with numerous commitments to do so over recent years.

BACKGROUND INFORMATION Between 70 and 100 prisoners are believed to be held on death row in Taiwan, of whom at least 22 have had their sentences confirmed. Execution is carried out by a shot in the heart through the back or lethal injection although so far no-one has been executed by lethal injection in Taiwan. So far, no executions have been carried out in Taiwan during 2006, continuing a downward trend in the use of the death penalty since 2000. Local anti-death penalty activists had hoped that 2006 would be an “execution-free year” helping to increase momentum towards abolition. Several Taiwanese officials have indicated support for abolition of death penalty in recent years, including President Chen Shui-bian. The Taiwanese authorities have taken some measures to reform the death penalty system over recent months: the use of shackles for those on death row has been reduced; and legal aid has been extended to death penalty prisoners. However, the government’s promises to move towards abolition have yet to be fulfilled.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible, in Chinese, English or your own language: - urging the authorities to halt the execution of Chong Deshu; - calling on the authorities to commute his sentence and that of all other death row prisoners in Taiwan; - expressing deep disappointment that the decision to execute Chong Deshu contradicts statements made by the Taiwanese authorities in support of the abolition of the death penalty; - urging the authorities to institute a formal moratorium on executions as an immediate step towards full abolition of the death penalty in law.

APPEALS TO: President of Taiwan President CHEN Shui-bian Office of the President 122 Chungching S. Road, Sec.1 Taipei 10048 Taiwan Fax: +886 2 23115877 Salutation: Your Excellency

Chief Prosecutor of Taiwan High Prosecutors Office Mr HSIEH Wen-ding 124 Chungching S. Road, Sec.1 Taipei 10048 Taiwan Fax: +886 2 23142300/ 23817824 Salutation: Dear Chief Prosecutor

Minister of Justice Mr SHIH Mao-lin Minister of Justice 130 Chungking S. Road Sec.1 Taipei 10048 Taiwan Fax: +886 2 2389 8923/ 23751757 Salutation: Dear Minister

COPIES TO: President of Judicial Yuan Mr WENG Yueh-sheng 124 Chungking S. Road Sec.1 Taipei 10048 Taiwan Fax: +886 2 23313715 Email: president@mail.judicial.gov.tw Salutation: Dear President

President of Legislative Yuan Mr WANG Jin-pyng 1 Chungsan S. Road Jhongjheng District Taipei Taiwan Fax: +886 2 23955317 Salutation: Dear President

and to diplomatic representatives of Taiwan accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY.

What constitutes terrorism? Is “war on terror” a war between nation-states or laws that define criminal acts? Post-911 anti-terrorism legislation advocated by the United States to the rest of the world promises better national security but posts challenge to human rights protection. Is national security opposing human rights protection or safeguarding it?

On 10 November 2006, an important forum on “Homeland Security and Human Rights Protection” took place in Taipei. It was organized by Taiwan Association for Human Rights (TAHR台灣人權促進會) with commission from Counter Terror Control Office, Executive Yuan (行政院反恐怖行動管控辦公室). This public forum aimed to facilitate much needed discussion on aforementioned questions and critical examination on Taiwan’s newly drafted anti-terror bill, the Anti-Terror Activities Act (反恐行動法草案), submitted by the Executive Yuan to the Legislative Yuan for deliberation and approval. The forum consisted four panels covering topics on current state of international anti-terrorism efforts, human rights and the impact of “war on terror,” the role of international organizations, non-governmental organizations (NGOs), and nation-states, as well as the role of Taiwan in anti-terror efforts and the draft anti-terror bill. Participants included a range of professions: lawyer, legal scholar, law enforcement professional, governmental official, NGO representative, student, and international speakers from Forum-Asia (Bangkok, Thailand) and Asian Law Center (Melbourne, Australia).

TAHR Executive Council Members have raised critical points on current trend of anti-terror legislation. One of the major emphases was on the need to clarify definition of terrorism and “war on terror”. Prof. Fort Fu-te Liao’s (廖福特) comparative study clearly demonstrated that anti-terrorism effort is different from declaring war between nation-states. In this case, unlike war-time, human rights standards should be fully respected and not compromised. He further pointed out that both domestic and international laws defined terrorism as crime, however there is still no consensus on what defines terrorism. Definition of crime is the basic principle for criminal punishment; the lack of it would create a legal vacuum that threaten human rights protection or lead to scenarios such as one country’s terrorist is another’s liberty fighter.

Regarding Taiwan, while some stated that the country had no direct experience with terrorism, Prof. Chris Huang (黃居正) and Prof. Chia-fan Lin (林佳範) reminded us about Taiwan’s history of martial law and the ongoing military threat by neighboring country China mounting over eight-hundred missiles directing at it right now. Therefore, it would be more important for Taiwan to address the immediate treats than the distanced one, suggested Ed Legaspi from Forum-Asia. He further recommended that Taiwan should have more independent policy towards homeland security and anti-terror activities and avoid overt influence by the U.S. interests, which might actually attract terrorist acts. Participant Bo Tedards (Taiwan Democracy Foundation) further related a critique by the Taipei Bar Association on Taiwan’s draft anti-terror bill that introduced a new group of crimes carrying the death penalty, which was a direct step backward on human rights protection. In addition, the drafting process lacked thorough evaluation and debate on each article, which resulting in unclear language and vague definition of crimes and scope of law enforcement. The content of the draft bill also violated Taiwan’s Constitution, added TAHR Chairperson Hao-Jen Wu (吳豪人). There was practically no changes made from the 1st draft bill (2002) to the latest one (2006). Atty. Neri Colmenares (Asian Law Center) said that Taiwan could sufficiently utilize its existing laws to handle crimes committed by terrorists and there is really no need to have a separate law on anti-terror activities. He further recommended a building of regional alliance to monitor anti-terrorism law by nation-states in the Asia region, based on shared similarity of the impact caused by anti-terror law, which, in his opinion, will destabilize regional security.

TAHR Contact Person: Rebecca C. Fan tahr@seed.net.tw / www.tahr.org.tw