Cabinet's special commission lacks legal grounds: insiders
By Joseph Yeh, The China PostTAIPEI, Taiwan -- Members of the legal community yesterday cast doubt on the legal feasibility of a special commission under the Cabinet that is scheduled to officially launch today to review possible miscarriages of justice under military courts.
August 29, 2013, 11:46 am TWN
The commission was set up as part of government ongoing reforms to the military judicial system after public outcry following the suspicious death of Army Corporal Hung Chung-chiu (洪仲丘) on July.
The commission will review possible miscarriages of justice occurring at court-martials for the past two decades and possibly launch new probes into cold cases should the families of conscripts who were reported as missing or dead during their services decide to do so.
The Chinese-language United Evening News, however, yesterday said unidentified legal sources have raised questions about whether the commission will meet its founding goal.
According to the Executive Yuan, following a review by commission members the committee will refer the cases to judicial authorities should they deem the cases to deserve a new investigation, the report said.
The committee will then ask the prosecutor-general to file an extraordinary appeal with the Supreme Court to launch new investigations regarding the cases in question.
However, currently there is no legal basis that gives the commission under the cabinet the authority to ask the prosecutor-general to file for extraordinary appeal, the report said.
Given that there is no legal basis for the committee to conduct its actions, it is clear that the government set up the committee only to appease public anger and the policy is not genuine reform, the report quoted legal sources as saying.