White Terror (Taiwan) (original) (raw)

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Period of martial law and political repression in Taiwan

White Terror (Taiwan)
Part of Chinese Civil War, retreat of the government of the Republic of China to Taiwan, and Cold War
The Horrifying Inspection by Taiwanese printmaker Huang Rong-can. It describes the hostile environment in Taiwan shortly after the 28 February incident, which marked the start of the White Terror period.
Location Taiwan and other ROC-controlled islands
Date 1947–1987
Target Political dissidents, including leftists, liberals, independence activists, and intellectuals
Attack type Politicide, mass murder, political repression, police state
Deaths At least 3,000 to 4,000 executed, not including the 228 incident (18,000 to 28,000 killed) or extrajudicial executions[1]
Victims At least 140,000 imprisoned
Perpetrators Government of the Republic of China (Taiwan) under the Kuomintang (KMT)
Motive Consolidate rule over Taiwan after retreat from mainland China
White Terror
Chinese 白色恐怖
Literal meaning White Terror
TranscriptionsStandard MandarinHanyu PinyinBáisè KǒngbùWade–GilesPai2-se4 K'ung3-pu4Southern MinHokkien POJPe̍h-sek Khióng-pò͘

The White Terror (Chinese: 白色恐怖; pinyin: Báisè Kǒngbù; Pe̍h-ōe-jī: Pe̍h-sek Khióng-pò͘) was the political repression of Taiwanese civilians and political dissenters under the government ruled by the Kuomintang (KMT).[2] The period of White Terror is generally considered to have begun when martial law was declared in Taiwan on 19 May 1949, which was enabled by the 1948 Temporary Provisions against the Communist Rebellion, and ended on 21 September 1992 with the repeal of Article 100 of the Criminal Code, allowing for the prosecution of "anti-state" activities. The Temporary Provisions had been repealed a year earlier on 22 April 1991. Martial law had been lifted on 15 July 1987.[3][4]

Two years after the 28 February incident, the KMT retreated from mainland China to Taiwan during the closing stages of the Chinese Civil War in 1949. Wanting to consolidate its rule on its remaining territories, the KMT imposed harsh political suppression measures, which included enacting martial law, executing suspected leftists or those they suspected to be sympathetic toward the communists.[5] Others targeted included Taiwanese locals and indigenous peoples who participated in the 28 February incident, such as Uyongʉ Yata'uyungana, and those accused of dissidence for criticizing the government.[6]

The KMT carried out persecutions against those who criticized or opposed the government, accusing them of attempting to subvert the regime, while dramatically expanding the scope of punishment throughout this period.[7] It made use of the Taiwan Garrison Command (TGC), a secret police, as well as other intelligence units by enacting special criminal laws as tools for the government to purge dissidents.[8] Basic human rights and the right to privacy were disregarded, with mass pervasive monitoring of the people, filings of sham criminal cases against anyone suspected of being a dissident, as well as labelling any individuals who did not conform to a pro-regime stance as being communist spies, often without merit.[9] Others were labeled as Taiwanese separatists and prosecuted for treason.[10] It is estimated that about 3,000 to 4,000 civilians were executed by the government during the White Terror.[1] The government was also suspected of carrying out extrajudicial killings against exiles in other countries.[a]

Declaration of Martial Law in Taiwan
Date effective 20 May 1949
Repealed 15 July 1987

Presidential decree on 13 June 1950: Prosecuting Communist Bandits and spies during the Anti-rebellion Period

The White Terror is generally considered to have begun with the declaration of martial law on 19 May 1949. For its ending date, some sources cite the lifting of martial law on 15 July 1987,[11] following the Lieyu Massacre, while others cite the repeal of Article 100 of the Criminal Code on 21 September 1992, which allowed for the persecution of people for "anti-state" activities.[3] Martial law officially lasted for 38 years and 57 days, which was the longest period of martial law in the world at the time it was lifted. It is now the second longest, after Syria's 48-year period of martial law which lasted from 1963 to 2011.[12]

Most prosecutions took place between the first two decades as the KMT wanted to consolidate its rule on the island. Most of those prosecuted were labeled by the Kuomintang (KMT) as "bandit spies", meaning communist spies, and punished as such, often with execution.[11] Chiang Kai-shek once said that he would rather "mistakenly kill 1,000 innocent people than allow one communist to escape".[13]

The KMT mostly imprisoned Taiwan's intellectuals and social elites out of fear that they might resist KMT rule or sympathize with communism and separatism.[1] For example, the Formosan League for Reemancipation was a Taiwanese independence group established in 1947, which the KMT believed to be under communist control, leading to its members being arrested in 1950. The World United Formosans for Independence was persecuted for similar reasons. However, other prosecutions did not have such clear reasoning, such as in 1968, when Bo Yang was imprisoned for his choice of words in translating a Popeye comic strip. A large number of the White Terror's other victims were mainland Chinese, many of whom owed their evacuation to Taiwan to the KMT.[14]

Many mainlander victims of White Terror, such as Bo Yang, Lei Chen, and Li Ao, moved on to promote Taiwan's democratization and the reform of the Kuomintang. In 1969, future president Lee Teng-hui was detained and interrogated for more than a week by the Taiwan Garrison Command, which demanded to know about his "communist activities" and told him "killing you at this moment is as easy as crushing an ant to death." Three years later he was invited to join the cabinet of Chiang Ching-kuo.[15]

Fear of discussing the White Terror and the 28 February Incident gradually decreased with the lifting of martial law after the 1987 Lieyu massacre,[16] culminating in the establishment of an official public memorial and an apology by President Lee Teng-hui in 1995. In 2008, President Ma Ying-jeou addressed a memorial service for the White Terror in Taipei. Ma apologized to the victims and their family members on behalf of the government and expressed the hope that Taiwan would never again experience a similar tragedy.[17]

In 2009, former Presidential Policy Advisor Hsieh Tsung-min (who, along with Peng Ming-min and Wei Ting-chao, was sentenced to 10 years in prison for drafting the "Taiwanese People's Self-Salvation Declaration" in 1964 and was falsely imprisoned for 15 years for the _1971 Citibank bombing_[_clarification needed_]) and a group of political victims of the White Terror claimed that the martial law order issued by the Taiwan Provincial Garrison Headquarters that year had not been properly reported to Acting President Li Zongren, who then submitted it to the Legislative Yuan for ratification, and was therefore legally invalid. The Kuomintang government violated the personal freedom and property rights of some individuals by using the invalid martial law order, but the Judicial Yuan's Grand Justices refused to accept the constitutional interpretation. They demanded that the Control Yuan impeach the Grand Justices for dereliction of duty.[18][19]

In 2010, Supervisory Committee member Huang Huangxiong and others submitted an investigation report pointing out that there were three martial law orders between 1948 and 1949. It is impossible to verify whether the second martial law order issued on May 20, 1949, was submitted to the Legislative Yuan for ratification in accordance with Article 3 of the Martial Law Act. If the third martial law order issued on November 22, 1949, was not issued by the President (Acting President Li Zongren was not in the territory of the Republic of China at the time and could not have signed the announcement, which was not in compliance with Article 39 of the Constitution), the formal requirements were incomplete and the legal procedures were flawed. The martial law order was invalid due to lack of formal legal effect, and the military court's jurisdiction was flawed. The property confiscated due to cases during the martial law period "may need to be re-examined", and of course there will be subsequent relief issues. However, the final legal determination of the relevant laws is made by the Judicial Yuan Grand Justices Conference.[19][20][21][22]

Xie Congmin and others were excited about the results of the Control Yuan's investigation. They said that they were imprisoned because they were tried by military court during the martial law period. If the Control Yuan found that the martial law order was flawed, then the trial at that time would be untenable. They would apply to the Grand Justices for constitutional interpretation based on this investigation report, and seek redress and compensation for wrongful imprisonment.[19] Democratic Progressive Party legislator Guan Biling said that the implementation of martial law without following constitutional procedures was illegal and unlawful. "After the illegal martial law order was implemented, so many people's lives, freedom, and property were deprived and they were tried by military court. What should we do about this? We should carefully consider the national remedial system!" Tsai Tong-jung, a blacklisted legislator, also said: "Taiwanese people are innocent". The implementation of martial law has caused great harm to fellow Taiwanese people at home and abroad. He has been unable to return home for 30 years in the United States. He asked the government to investigate the relevant legal responsibilities and provide compensation.[23] In 2013, direct relatives of victims of the White Terror (Communist Spy Case) overseas came forward to demand redress and compensation for the ten-year prison sentence, but were rejected by the Republic of China government. The "Compensation Foundation for Unfair Rebellion and Spy Trials during the Martial Law Period" was facing closure on June 30, 2013.[24] The victims and their families in these more than 30 unresolved cases had petitioned President Ma Ying-jeou to request an extension, but their petitions were all forwarded by the Presidential Office to the "Compensation Foundation for Unfair Rebellion and Spy Trials during the Martial Law Period," and thus were left unresolved. In addition, in early 2013, direct relatives of Chinese victims in the United States petitioned Legislator Lin Yu-fang overseas to request assistance for an extension, but Lin's office rejected the request on the grounds that "the organization has been closed and there is nothing else to do." In stark contrast, when more than 30 cases related to the February 28 Incident emerged in 2013 and applications were delayed due to overdue deadlines, DPP legislators immediately proposed to amend the law.[25] As a result, the February 28 Incident Memorial Foundation has now been amended by the Legislative Yuan and its application for compensation has been postponed for another four years.

Regarding why the victims of the White Terror have not been rehabilitated, White Terror victim Lin Shuyang stated that: "Ideological issues are the most difficult to resolve... For the Kuomintang, they still believe that the anti-communist national policy of that year is unquestionable. Sympathizing with communists is like a kind of original sin... The Kuomintang only reviewed the "law enforcement procedures" of that year, but never wanted to make a public apology similar to the February 28 Incident."[26]

On December 5, 2017, the Legislative Yuan of the Republic of China passed the Act on Promoting Transitional Justice in its third reading. On May 31, 2018, the Transitional Justice Commission was officially established and began to redress cases from the White Terror period.

On October 5, 2018, the Transitional Justice Commission announced the first batch of people whose convictions were revoked by letter, revoking the convictions of 1,270 people, including Lin Qingyun.[27]

On December 7, 2018, the Transitional Justice Commission announced the second batch of people whose convictions were revoked by letter, revoking the convictions of 1,505 people including Huang Zaoru.[28] Among them, the convictions of five victims, including Cui Naibin, were revoked in the form of a judicial illegality decision similar to the verdict.

On February 27, 2019, the Transitional Justice Commission announced the third batch of people whose convictions were revoked by a meeting resolution, revoking the convictions of 1,056 people including Huang Dingjun.[29] Among them, six victims, including Wang Xihe, had their convictions revoked in the form of judicial illegality decisions similar to the verdicts.

On May 30, 2019, the Commission for Promoting Transitional Justice announced the fourth batch of people whose convictions were revoked in the form of a meeting resolution, revoking the convictions of 2,006 people, including Xu Weichen.[30] Among them, seven victims, including Liu Yongxiang, had their convictions revoked in the form of judicial illegality decisions similar to the verdicts.

28-yr Ting Yao-tiao before execution after her toddler born in prison was forcibly removed

Shih Shui-huan, also executed by firing squad

Taiwanese diplomat and independentist Chen Chih-hsiung after and prior to execution with his feet cut off by axe to be pulled by hands to the execution ground

Around 140,000 Taiwanese were imprisoned under harsh treatment during this period, with many either indirectly dying or suffering various health problems in the process. About 3,000 to 4,000 were directly executed for their real or perceived opposition to the KMT's Chiang Kai-shek government.[1] Most of the victims of the White Terror were men, however, a number of women were tortured and/or executed.[31][32]

Since the lifting of martial law in 1987, the government has set up the 228 Incident Memorial Foundation, a civilian reparations fund supported by public donations for the victims and their families. Many descendants of victims remain unaware that their family members were victims, while many of the families of victims, especially from mainland China, did not know the details of their relatives' mistreatment during the riot. The Taiwanese government also established the Transitional Justice Commission, which aimed to erase the authoritarian legacy of the KMT regime under Chiang and deliver justice to the families and relatives of the victims.

Notes and references

[edit]

  1. ^ See Henry Liu and Chen Wen-chen.

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Chinese language (Traditional)

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