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淺談「轉型正義」這個誤譯
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胡卜凱

我自1993年回國後,逐漸在報紙和電視政論節目中,發現民進黨的政棍和替他/她們擦、舔、吹的三客流,誤用、誤解、或故意扭曲 西方學者或新聞記者所使用的詞彙和概念,如「族群泛政治化民粹主義」、「文化公民權」,以及此處提到的「轉型正義」等等。這群混混和癟三用以上所說的技倆來遂行及掩飾他/她們歪曲事實,指驢為馬,違反邏輯,胡說八道之類的「言談行動」。從而達到他/她們包裝政治訴求,唬弄人民的目的。 

據我的了解,所謂的「轉型正義」應該翻譯成:

過渡時期的司法程序」或

過渡時期對以往破壞人權者的懲治

它的意思是:

(社會或政治型態)過渡時期政權模式變更後的一段時期,如何懲治過去侵害人權或掠奪人民財產的掌權者,以及如何界定受懲治對象的範圍層級

基本上,「過渡時期的司法程序」從政治角度考慮如何處理司法層面的議題。其基本原則和目的是:

伸張實現公平正義的同時,秉持勿縱勿枉的方式達到社會和諧。以及在謀取社會和諧的前提下,伸張實現公平正義

其次,所謂「過渡時期」當然需要有一個合理的期限。否則整個社會將陷入循環報復或/和尖銳對抗的情況而動蕩不安,無法療傷止痛而向未來穩定發展。

但到了民進黨政棍和替他/她們擦、舔、吹的三客流手上,過渡時期的司法程序」或「過渡時期對以往破壞人權者的懲治,被打扮成轉型正義」這個怪獸,實際上成了清除異己、貪贓枉法、盜竊國庫、甚至鞭屍和株連九族的口實或工具。

就翻譯實務來說justice可以誇張式的譯為「正義」;但是不論以「轉型」或「過渡」來翻譯transition、transitional、in transition、或in times of transition,一定要加上「時期」兩字才能符合「」、「」的標準。否則,譯者不是不認識這幾個英文字,就是故意欺騙矇混。

而國民黨的政棍和學棍,也不太認識這些或類似的英文字。以致十幾年來被民進黨政棍和替他/她們擦、舔、吹三客流的文宣壓著打。「族群」和「轉型正義」或許是國民黨在2004年無法取回政權的三大因素之二。另外一個當然就是同屬欺騙手法的「兩顆子彈」。古人說︰

「書中自有顏如玉,書中自有黃金屋。」

信哉斯言。

不過,「事實勝於雄辯,畫餅不能充饑。」

多數台灣人民即使沒有雪亮的眼睛,至少有分別黑、白的大腦。這是2008年1月12日選舉結果所彰顯的客觀現實,也是人民今年根據「正義」原則所做的第一個集體判斷和判決。

或許,在5月21日以後,陳爛污和替他擦、舔、吹的三客流,就要親身體驗他/她們口口聲聲唸唸有詞的「轉型正義」。

後記︰

我過去也並不清楚「轉型正義」一詞的意思。但我了解此詞在字面上說不通。因為「正義」只有一種,即「公平」或「公正」的「正義」。不論一個人如何瞎掰硬柪,大吹法螺,「轉型」絕不可能和「公平」或「公正」相通。

2007年12月中,一位社運界的朋友問我︰

「『轉型正義』到底是什麼意思?」

我當時答不出來,但我答應他我會找些相關文獻了解一下。此文算是一個初步的回應。

參考文獻

* Chinapen , R./Vernon , R., Justice in Transition, http://journals.cambridge.org/action/displayAbstract;jsessionid=8E3548A6CAD03BFB1236A8473B5258AE.tomcat1?fromPage=online&aid=414875

* Glaser , T., Article Summary of "Justice in Times of Transition" by Mary Albon, http://scholar.ilib.cn/Abstract.aspx?A=xuehai200501013

* Mass Atrocity or Human Rights Abuse, http://www.beyondintractability.org/articlesummary/10013/

* Mission and History of the ICTJ, http://www.ictj.org/en/about/mission/

* Roth, B. R., Peaceful Transition and Retrospective Justice: Some Reservations (Response to Juan Méndez) [Abstract], Ethics & International Affairs, Volume 15.1 (Spring 2001), http://www.cceia.org/resources/journal/15_1/articles/485.html

* The International Center for Transitional Justice (ICTJ), http://www.ictj.org/en/index.html

* The Project on Justice in Times of Transition, http://www.pjtt.org/

* 陳剛,轉型時期的社會公正(Social Justice in Transition Period),《學海》,2005年01期http://scholar.ilib.cn/Abstract.aspx?A=xuehai200501013



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Former Guatemala dictator Rios Montt convicted of genocide

 

Mike McDonald, 05/10/13

 

GUATEMALA CITY (Reuters) - Former Guatemalan dictator Efrain Rios Montt was found guilty on Friday of genocide and crimes against humanity during the bloodiest phase of the country's 36-year civil war and was sentenced to 80 years in prison.

 

Hundreds of people who were packed into the courtroom burst into applause, chanting, "Justice!" as Rios Montt received a 50-year term for the genocide charge and an additional 30 years for crimes against humanity.

 

It was the first time a former head of state had been found guilty of genocide in his or her own country.

 

Rios Montt, now 86, took power after a coup in 1982 and was accused of implementing a scorched-earth policy in which troops massacred thousands of indigenous villagers thought to be helping leftist rebels. He proclaimed his innocence in court.

 

"I feel happy. May no one else ever have to go through what I did. My community has been sad ever since this happened," said Elena de Paz, an ethnic Maya Ixil who was two years old in 1983 when soldiers stormed her village, killed her parents and burned her home.

 

Prosecutors say Rios Montt turned a blind eye as soldiers used rape, torture, and arson to try to rid Guatemala of leftist rebels during his 1982-1983 rule, the most violent period of a 1960-1996 civil war in which as many as 250,000 people died.

 

He was tried over the killings of at least 1,771 members of the Maya Ixil indigenous group, just a fraction of the number who died during his rule.

 

A throng outside the court chanted "Justice! Justice!" when the guilty verdicts were handed down on Friday.

 

"They convicted him, they convicted him. I can't believe it," said Marybel Bustamante, whose brother was 'disappeared,' a euphemism for kidnapped and murdered, the day that Rios Montt took power.

 

The human rights group Amnesty International hailed it as the trial of the decade.

 

'FULL KNOWLEDGE'

 

"He had full knowledge of everything that was happening and did not stop it," Judge Yasmin Barrios, who presided over the trial, told a packed courtroom where Mayan women wearing colorful traditional clothes and head-dresses closely followed proceedings.

 

Nobel Peace Prize winner Rigoberta Menchu was among them.

 

"Today we are happy, because for many years it was said that genocide was a lie, but today the court said it was true," she said.

 

Barrios called a hearing for Monday to discuss compensation for the victims of Rios Montt's rule.

 

Rios Montt's intelligence director, Jose Rodriguez Sanchez, also stood trial, but he was acquitted on both charges.

 

During the trial, which began on March 19, nearly 100 prosecution witnesses told of massacres, torture and rape by state forces. At one point, the trial hung in the balance when a dispute broke out between two judges over who should hear the case.

 

Rios Montt denied the charges in court on Thursday, saying he never ordered genocide and had no control over battlefield operations.

"I am innocent," he told the courtroom, sporting thick glasses and a gray mustache. "I never had the intent to destroy any national ethnic group.

 

"I have never ordered genocide," he added, saying he took over a "failing" Guatemala in 1982 that was completely bankrupt and full of "subversive guerrillas."

 

Former U.S. President Ronald Reagan provided support for Rios Montt's government and said in late 1982 that the dictator was getting a "bum rap" from rights groups for his military campaign against left-wing guerrillas during the Cold War.

 

He also once called Rios Montt "a man of great personal integrity".

 

Defense attorneys said earlier they would appeal if Rios Montt was convicted. They argued that prosecution witnesses had no credibility, that specific ethnic groups were not targeted under Rios Montt's 17-month rule and that the war pitted belligerents of the same ethnic group against one another.

 

DIVISIVE CONFLICT

 

Rios Montt has been under house arrest for more than a year. The right-wing party that he founded changed its name this year to distance itself from its past.

 

Guatemala's civil war ended with peace accords signed in 1996 but the Central American nation remains a deeply divided society with very poor indigenous areas.

 

President Otto Perez, a former army general during the civil war, says he was part of a group of captains that stood up to Rios Montt.

Declassified U.S. documents from the civil war years suggest Perez was one of the Guatemalan army's most progressive officers and that he played a key role in an ensuing peace process.

 

But Perez was himself implicated in war crimes during the trial when one prosecution witness testified that soldiers under his command had burned down homes and executed civilians during Rios Montt's rule.

 

Perez has argued that genocide did not take place during the war, underlining the divisions that persist in Guatemala over the conflict, which pitted leftist insurgents against a string of right-wing governments.

 

Perez, who took office in 2012, is the first military man to run the country since the war ended, and rights groups were concerned he could interfere with human rights trials.

 

Courts in Guatemala have only recently begun prosecutions for atrocities committed during the conflict.

 

Until August 2011, when four soldiers received 6,060-year prison sentences for mass killings in the northern village of Dos Erres in 1982, no convictions had been handed down for massacres carried out during the war.

 

A judge who initially presided over pre-trial hearings cast a new shadow of doubt over the Rios Montt case on Friday when she confirmed a decision she had announced on April 18 to wind back proceedings to November 2011, and void all developments since then.

 

Prosecutors insist that decision is illegal and are preparing legal challenges to the ruling, while defense attorneys have argued that the decision is binding and the trial should never have proceeded.

 

(Writing by Simon Gardner; Editing by Kieran Murray, Peter Cooney and Paul Simao)

 

http://news.yahoo.com/former-guatemala-dictator-rios-montt-found-guilty-genocide-003356834.html



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這位政治強人與陳阿扁有何不同?他怎能活到壽終正寢沒被正義制裁?

然後腦蟲要贊同市長的說法, 從政的人必須不停提高對理論的掌握能力; 當然, 可能需要他人的協助: 比如黨組織對本黨官僚的再教育, (友好或不友好) 的智庫機構的研究報告, 官僚自身與高等教育界的互動等等.

當然還有一個前提:一般人的看法中, 對於當前政治相關的學科都主要認為是政治學與經濟學. 但是人的意識型態受到太多因素的影響, 只要感官接收到的就可能改變人的認知狀態. 因此, 意識型態批判應該受到更多關注. 而這個說法是由哈伯瑪斯提出來的, 但是許多其他的哲學家(甚至是歷史學家或文學家)也自覺或不自覺地使用這種方式來揭露這個世界的面貌. 而意識型態批判應當是以解釋學為根基的. 這裡所說的解釋學不是聖經的解釋學, 也不是其他特定學科的闡釋理論, 而應該是人文學科的一般/通用的方法論.

對不起, 但是腦蟲又離題了.

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