It is time to reflect on the nature and foundation of justice and finally grant it to Tai Ji Men in Taiwan.
by Agorom Dike*
*A paper presented at the conference “Looking at the Development of Human Rights in Taiwan from the February 28 Incident and the White Terror to the Tai Ji Men Case,” hosted by the National Memorial Hall of February 28 and the Taiwan Association for Financial Criminal Law Study, Taipei, ROC, March 5, 2024.
The Tai Ji Men case is often classified as a legal and tax case. However, human rights and freedom of religion or belief issues are equally critical for it. Every effort should be made to resolve the Tai Ji Men case with reference to the United Nations Human Rights Declaration and the Two United Nations Covenants.
Taiwan is recognized as one of the freest nations in Asia, with high scores for both political rights and civil liberties. Taiwan is also valued for freedom, democracy, and its international commitment to human rights. On June 1, 2013, the United States and Taiwan signed the “Taiwan-US 21st Century Trade Initiative.” This covenant includes “anti-corruption principles,” which means that both countries should work together to fight and stop bribery and corruption that affects international trade and business. However, significant cases of corruption continued to emerge in Taiwan, and these covenants were never fully implemented.
Historically, Taiwan’s human rights journey has been a remarkable one, with gradual democratic reforms since the 1980s and 1990s, including lifting Martial Law in 1987, which has transformed the human rights landscape in Taiwan. Taiwan therefore is a multi-party democracy that is celebrated as one of the most democratic countries in Asia. This progress represents a significant transformation from the autocratic regime that existed until the 1970s and 1980s.
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International Stature
Taiwan’s commitment to human rights norms and values has been essential in maintaining international support and security. As Taiwan strives to preserve its place on the global stage, its dedication to human rights remains a critical element. Recently, Taiwan has become a leader in human rights in Asia. Notable achievements include judiciary reform, freedom of expression, and increased protections for sexual assault victims. In summary, Taiwanese human rights are vital for democracy, individual freedoms, and Taiwan’s standing in the international community.
However, according to Tsai Cheng-An, in a paper presented at the International Society for the Sociology of Religions 37th Conference, Taipei, Taiwan, 4–7 July 2023, “The tax case of Tai Ji Men offers evidence that both transitional justice and anti-corruption measures in Taiwan still have serious flaws.” Before 1987, Taiwan was an authoritarian state. Taiwan did not gradually move from an authoritarian to a post-authoritarian system until July 15, 1987, when Martial Law was lifted. The Tai Ji Men case, which occurred in 1996, was a human rights violation in which the post-authoritarian government targeted freedom of religion or belief (FoRB) and cracked down on several religious movements. Taiwan government’s persecution of religious freedom and human rights during that period was a blatant case of injustice. The Control Yuan listed this human rights persecution case as a serious human rights violation in 2005.
On July 13, 2007, the criminal case against the Tai Ji Men started in 1996 was resolved by the Supreme Court. The defendants were declared innocent of all charges, including tax evasion, and indemnified for unlawful imprisonment by the state. Unjust tax bills concerning five fiscal years arising from the criminal case have been redressed. Only the case for the year 1992 remains unresolved.
Tai Ji Men’s Character, Credibility, and Global Impact
Tai Ji Men is an ancient qigong, martial arts, and spiritual self-cultivation menpai in which the concepts of love, peace, and conscience are spread around the world through cultural activities. This organization is growing rapidly in the United States with the recent opening of several new academies. Tai Ji Men has built many alliances and partnerships with a diversity of faith, civic, corporate, state governments, and international organizations throughout the USA and beyond. This in addition to the relationships built as well as accolades received from presidents, cabinet ministers, governors, and renowned leaders has brought a positive spotlight and goodwill to the nation of Taiwan. Tai Ji Men Shifu (Grand Master) and dizi (disciples) have proven their character, credibility, and commitment to the world through their impact in over 103 nations by resolving conflicts and promoting peace, love, and conscience throughout the world with declarations, affirmations, recognitions, and endorsements from the United Nations and the United States of America who have also recognized their voluntary service. Considering their proven sincerity, services, and solidarity, the government of Taiwan should respond to this case with principles and actions reflecting mercy over judgement.
Mercy over Judgement in the Tai Ji Men Case
Given the evidence available to counter all negative allegations by bureaucrats, what remains is the lack of political will to bring a positive closure to this case. The Taiwanese Government should seriously consider the application of mercy over judgement through restorative justice and compensatory justice for Tai Ji Men. In Matthew 5:7, Jesus said, “Blessed are the merciful for they shall obtain mercy.” The act of mercy considers alternatives for compassion that draw on the ideas of hope, compassion, and restoration, rather than the norms of punishment, pain, and retribution.
Restorative justice is an applicable principle in which mercy is understood as the “operative condition.” It enables the pursuit of justice to be a factor that is treated beyond mere retribution. It elaborates this through the moral anthropology inherent in Christian accounts of penance, which understand moral agency as a time-bound pursuit of character-formation. Justice therefore is pursued not by meeting out a measure of proportionate hars treatment, but in the merciful gift of the “penitential time,” which may enable a reform of character and action. It ends with a tentative account of sanctification, desire, persistence, and repentance.
Compensatory justice is the moral process of correcting past and present injury, disposition, exploitation, and the violation of rights. It makes restitution, offers reparations, seeks to restore a person to wholeness, and grants rightful status in the community.
Conclusion
Both restorative justice and compensatory justice generally embrace equal status for all and the affirmation of one’s rights and privileges within a loving covenantal community. Universally, governments and societies should eradicate partial behaviors, apply mercy, and work toward fairness, transparency, and righteousness. The application of mercy over judgment through these principles of justice should enable the Government of Taiwan to fully restore Tai Ji Men’s rights, and thus enable them to continue to offer fruitful contributions to society and the world at large.