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. 

 

 

 

警方出動大批警力,驅趕抗議群眾,7年多前,太陽花學運期間,爆發的324行政院驅離行動,29位民眾認為警方執法過當,遭到施暴受傷,向台北市政府及市警局請求國賠,一審判賠111萬多元後,雙方上訴二審,27日法院判決巿警局,應再多賠7人,將近30萬元。

義務律師團代表尤伯祥指出:「金錢賠償只是作為一個對於當事人所受到的損害,最起碼的賠償跟填補,尤其不應該為了要達到行政長官現實驅離的目的,而使用這些非法的暴力。」

包括前立委周倪安在內等14人,一審獲賠破百萬,市警局上訴二審,合議庭改判其中2人,金額增加,至於部分原告,一審被認定證據不足,未獲賠償,上訴二審後,最後獲得判賠。

台灣高等法院民事庭發言人陳婷玉表示:「部分員警在執行驅離勤務的時候,確實逾越了比例原則,導致本案部分原告受有相關的損害,縱然無法證明這些原告是遭警械傷害,但是本案仍然有國家賠償法的適用,應該由台北市政府警察局作為賠償義務機關。」

合議庭認為,警方將禁制區民眾,從行政院驅離,即使過程中造成擦挫傷,也是合法的行為,但執行勤務時,對民眾造成頭皮撕裂傷、肋骨骨折等傷勢,就已經超過比例原則的範圍,因此,認定警方需負賠償責任,截稿前,台北市警局尚未做出回應。

 

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