| 中文摘要 |
戒嚴時期之政治案件，讓數以萬計政治受難人遭受冤案、錯案、假案之「不當」判決。當時之主政者不僅要消滅客觀上的敵人，也要整肅主觀上潛在的政治敵對者，因此操縱司法，將政治異己罪犯化，如何讓「非法治國時期」的「白色恐怖」政治案件，於目前法治國時代加以平反，就是臺灣後民主化時期必須翻轉的正義！然檢視我國戒嚴時期用以科罰政治犯的特別刑法，例如懲治叛亂條例、戡亂時期檢肅匪諜條例或妨害軍機治罪條例等條文，刑度動輒為無期徒刑或死刑之處罰規定，由此可知，在戒嚴時期，當政者非法且恣意地透過操縱立法和司法迫害人權，要無庸議！另外在行政權行使方面，行政機關對於叛亂犯，在未有立法規範下，以行政命令侵害人權，此種嚴重違反「依法行政原則」、迫害人權的行政行為，對於憲法所保障之人性尊嚴，業已嚴重破壞。懲治叛亂條例第2條，將原本刑法已有明文規定處罰依據之內亂、外患罪加重其刑，尤其以第1項為戒嚴時期政府對付異議分子最有力的「工具法」，其將原刑法第100條之普通內亂罪加重至唯一死刑，違反憲法之比例原則之「刑法罪刑相當原則」。為促成轉型正義，平反戒嚴時期白色恐怖的受難人，應賦予戒嚴時期被依叛亂罪、匪諜罪判處有罪確定者的救濟權利。
Political cases during the martial law caused tens of thousands of political victims to suffer from legal cases in which people were unjustly, falsely, or wrongly charged.At that time, those in power manipulated justice and criminalized political dissents not only to eliminate objective enemies but to purge potential political opponents. To redress those unjust, false, and wrong cases in the present times of Rechtsstaat, which occurred in the period of the White Terror, is one of the most important tasks in the process of transitional justice during the post-democracy era of Taiwan. By inspecting the special criminal laws legislated in the period of the martial law, which was used to punish political criminals, such as Act for the Control and Punishment of Rebellion, Act for the Detection of the Espionage During the Rebellion, and Act for Military Secret, etc., it could be found that there were a wide range of crimes that would be sentenced to life and death. It could be said that those in powermanipulated the legislation and the justice to crucify human rights illegally and unscrupulously. The article two of the Act for the Control and Punishment of Rebellion was used to increase the severity of punishments of offences against the internal and external security of the states, which had been offences under the general criminal law. The article one of the act, in particular, was used to increase the severity of punishments of the crimes of civil disorder to the only death penalty, reversed the principle of proportional punishment. Furthermore, under control of those in power, administrative organs at that time violated human rights of rebels by executing orders like assassinations and holocausts in the absence of legal norms. Those records of assassinations and holocausts, which had value as evidences, could be found in the texts of numerous folk literatures, media reports, and personal statement of victims. The executives which were not bound by law had violated human rights and caused significant damage of human rights that was supposed to be protected by the national constitution. In order to promote the transformation of justice and redress the victims of the White Terror who were during the martial law, those who had been judged as criminals of rebellion and espionage should be provided the rights of relief. |
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