More Obstacles: 'Dinosaurs', Corruption and Taiwan's Weak Judicial Reform

  Even for the average Taiwanese, seeking redress through Taiwan's courts is a very daunting experience. For foreigners, it is all but "mission impossible" to achieve justice whether the plaintiff or defendant.

  In addition to the obstacles I've already pointed out in my own particular case, the inadequate state of Taiwan's judiciary due to a plethora of what are referred to locally as "dinosaur" judges, corruption from the top court down, and long-running procrastination on and stymieing of judicial reform are also serious impediments to justice here.

  Here is sampling of what the local press has been reporting in recent months about the Taiwan government's half-hearted and ineffective attempts at judicial reform:

Draft judges' law is still a 'dinosaur
Draft for anti-corruption bureau fails, for now
Justice system mustn't isolate itself: Ma
Ma offers support for judicial reform
Ma realizes importance of judicial reform

Trying To Halt Years of Injustice

  Here is a lengthy complaint I sent to Taiwan's Judicial Yuan in exasperation after enduring repeated indifference, bias, incompetence and just plain injustice for more than 3 years since this nightmare began. The nursing university, the Ministry of Education, the Taipei District Court...all of them doing their utmost to hinder and frustrate my efforts for the truth and vindication. 

  In addition, with president Ma Ying-jeou's and his government's alleged determination to initiate judicial reform, I wanted to use my case as a test of their real resolve to improve and clean up the woefully deficient judiciary here, especially where it concerns foreigners.

  

I sent both this original English version and a Chinese version translated (very roughly) by Google Translator.

  This is the Judicial Yuan's stock response which clearly fails to adequately address nearly all the points and questions I raised in my complaint. It illustrates quite well the nearly 4 years of bureaucratic indifference, run-around and even bias I have faced again and again in Taiwan.

Note: As of sometime last year, the school changed its name to the National Taiwan University of Nursing & Health Sciences.  

Back To The Control Yuan

  In my blog post of Sept. 24, 2010 Some Answers I mentioned letters I had received from the Taipei District Prosecutor's Office and the Control Yuan. The letters were in response to complaints I had filed against the nursing university. I filed the same complaint with each body. Here is an edited copy (because a certain former VP of the school is a serial lawsuit filer) of the complaint:

 

 Here is the Control Yuan's confirmation they had accepted my complaint and were going to investigate it:

  

Here We Go Again!

  On Thursday, January 6, I was in the Taipei district court building to find out when I could finish copying the files of my civil lawsuit case. Apparently the staff misunderstood my reason for being there and she proceeded to tell me (in Chinese) "you're judge is gone."
  I thought I might have misunderstood what she said, so I asked the security guard standing nearby if he could help me and ask what the staff meant by the judge was gone. After some discussion, the guard explained that (supposedly) the judge in my case had "retired" four days earlier and so a new judge would be assigned to my case. It was deja vu! Lightning struck twice!
  For the second time in 2-1/2 years, the judge will suddenly be replaced and at the same point in the case as the first time - when the judge was due to make/announce his decision. It's also the second time the judge will replaced after I filed one or more complaints against the judge, including one this time specifically asking that the judge either allow me to testify or be removed and replaced.

  Just a coincidence...2 times?

  Here is a an edited copy of the complaint (written in Chinese by the staff from my explanation of the problems) I filed with the Control Yuan on November 10, 2010:

  I'll post an English translation of this complaint as soon as I can get it, and I'll be posting more documents from this 3-1/2 year saga. You'll see more clearly what kind of experience I've been through having to navigate this nightmare in a foreign language in a foreign country. Case documents, court hearings, more than 95% of everything related to the lawsuit and the administrative appeal have been in Chinese, putting me at a grave and perpetual disadvantage. Mostly I've only managed to get very cursory explanations of the documents and little more than that of the court proceedings, even the few times that an interpreter was present.
  According to the Control Yuan staff, this complaint was sent to the Taipei District Court and normally the Control Yuan will get a response to a complaint within 2 months of the date it was filed.  
  Here is a letter I sent to the judge and the Judicial Yuan in October 2010 before filing the complaint with the Control Yuan:  http://pow3hatan-warrior4justice.blogspot.com/2010/10/documenting-my-numerous-requests-to.html
  I'd like for all the documents I share on this blog to be available with English translations, so if there are any of you reading who can help or you know someone who could help with translations, please send your translation to or contact me at jugger3naut@live.com