Taipei Police to Pay NT$1.41 Million State Compensation 太陽花學運國賠案 二審判北市警賠141萬

Former TSU legislator Chou Ni-an and others filed for state compensation, accusing the police of excessive force and causing injury during the Sunflower Movement. The court ruled some plaintiffs won the case in the first instance and Taipei City Police should compensate more than NT$110 million. The court announced on the 27th that the police department should compensate nearly NT$1.41 million after the second instance. 

The police dispatched a large force to drive out the protesters. More than seven years ago, they removed protestors at the "324" Occupation of the Executive Yuan during the Sunflower Movement. Twenty-nine people believed they were injured by the police, who used excessive force. They filed for state compensation from the Taipei City Government and Taipei City Police and were rewarded NT$1.11 million in the first instance. The two sides appealed the court for a second instance, which ruled on the 27th that the police department should compensate 7 more people for close to an additional NT$300,000.

Yu Po-hsiang, Representative, Volunteer Lawyers Group: “The monetary compensation is a minimum compensation to those who suffered. The police should not use illegal violence to achieve their superiors' eviction order.”

Fourteen people, including former legislator Chou Ni-an, were awarded more than NT$1 million in total compensation in the first instance. Taipei City Police appealed for the second instance, in which the court ruled the police should increase their compensation for two people in the group. Some plaintiffs were deemed to have insufficient evidence in the first instance and did not receive compensation. They were finally awarded state compensation after appealing for the second instance.

Chen Ting-yu, Spokesperson, Civil Court, Taiwan High Court: “Some police, while performing eviction missions, indeed overstepped the principle of proportionality and injured some of the plaintiffs in this case. Even if it is impossible to prove that these plaintiffs were injured by police, the State Compensation Law still applies in this case. The Taipei City Police Department shall be the compensation agency.”

The court's collegial panel considered it a lawful act for the police to drive protestors away from the Executive Yuan's restricted area, even if they caused bruises in the process. However, head cuts, broken bones, and other more severe injuries are beyond the scope of the principle of proportionality. Therefore, the panel determined that the police should be liable for compensation. The Taipei Police Department has not responded before our reporting deadline.