Dear President Ma Ying-Jeou,

January 17, 2009 by scholars and writers from the U.S., Canada, Europe and Australia.

Special guest of Home party; lawyer Wang Ching-Feng (王清峰). Home party is founded by leaders of Reds (November 25, 2007) to continue on "anti-corruption and depose-Chen" movement from street into government system. Their first mission is to nominate the candidates for legislative election 2008... Official website of Home Party (紅黨成立酒會)

Letter addressed from Wang…

Letter addressed to Wang…

Dear President Ma,

We the undersigned, scholars and writers from the U.S., Canada, Europe and Australia, consider ourselves long-time supporters of a democratic Taiwan. We write to express our concern regarding the erosion of the judicial system in Taiwan during the past few months.

On two previous occasions we have publicly expressed our concerns to Justice Minister Wang Ching-Feng, but the Minister’s responses are troubling in their persistent failure to acknowledge that there even is a problem, and in their attitude of denial that the judicial process is flawed and partial. We trust that our raising our concerns with you as President will be treated as advice from international supporters of Taiwan’s democracy who care deeply about the country and its future as a free and democratic nation.

First we may mention the fact that your administration has not yet acted upon recommendations – made both by Freedom House and Amnesty International – to conduct an independent inquiry into the events surrounding the visit of Chinese envoy Chen Yun-Lin, and in particular the police behavior and infringements on basic freedoms.  The establishment of a scrupulously neutral commission is essential if there is to be a fair and objective conclusion on the disturbances that occurred during the Chen Yunlin visit.

Second, we are concerned about the legal proceedings in the case of former President Chen Shui-Bian. The switch of the case from a three-panel court that released him on his own cognizance on December 13th to a court that subsequently re-incarcerated him on December 25th – both Christmas Day and Constitution Day – seems to have resulted from political pressure from KMT members of the Legislative Yuan. In his commentary in the South China Morning Post of January 8th 2009, Prof. Jerome Cohen presented details of such political interference in the judicial system, while the Associated Press on January 4th also gave incisive insights in the process that took place.

Third, we are deeply concerned by the widespread pattern of leaks to the media regarding ongoing cases – leaks, which because of their content and nature can only have come from the prosecutors’ offices.  As was reported by the Associated Press on January 4th 2009, prominent observers in Taiwan such as Prof. Wang Yeh-Lih of National Taiwan University charge that these leaks come from prosecutors, who “consistently violated the principle of guarding the details of investigations during the Chen case.”  This pattern of behaviour displays a distinct bias in the judicial system and a disregard for fair and impartial processes.

The lack of attention to professional judicial standards reached a new low with the skit by several prosecutors who satirized those whom they are prosecuting.  We are disturbed by Minister Wang’s defending this as “just for fun.”  Press agencies quote the Minister as saying: “It was just a play to help everybody relax.  There’s no reason to take it too seriously.”  In our view the actions by the prosecutors and the comment by Minister Wang display a lack of judicial professionalism and political neutrality.

We reiterate that any cases of alleged corruption must be investigated, and that if the defendants are found guilty in a scrupulously impartial process, they should receive just punishment after trial.  We thus emphasize that the political neutrality of the judicial system is a fundamental element in a democracy.  The examples mentioned above indicate that the investigative process has been conducted and sensationalized to the extent that both the right of the accused to a fair trial, and the presumption of innocence have been seriously jeopardized.  Justice through the rule of law is essential to Taiwan’s efforts to consolidate democracy and protect fundamental human rights.

In addition to the harm done to the personas of those accused, the international image of Taiwan has suffered.  A president of a country bears political responsibility for the conduct of his subordinates’ actions, and we therefore urge immediate and decisive action to correct the severe flaws in the process that are staining the national honor, perhaps irreparably.

Taiwan’s judicial system must be not only above suspicion but even above the appearance of suspicion of partiality and political bias.  We appeal to you, Mr. President, to restore the credibility of the judicial system in Taiwan and ensure that your government and its judiciary and parliamentary institutions safeguard the full democracy, human rights and freedom of expression, for which the Taiwanese people have worked so hard during the past two decades.

A protester waves a flag with characters for "Taiwan" against the policy of "Leaned Down to China and Betray Taiwan" to Taiwan President Ma Ying-jeou in front of President Office, Saturday, Aug. 9, 2008, in Taipei, Taiwan. Protesters worry Ma will exchange the "Peace Agreement" with China by Taiwan's paramountcy and make Taiwan blank out of the world.

And then, there’s more…

January 10, 2009 by Liao Ji-Bin. founder of the 228 Association (reference to February 27, 1947 massacre).

“… the Investigation Office of the Taiwan Branch of the Chinese KMT Party (中國國民黨台灣省黨部的調查室) supplied the book of lists and systematically butchered the cream of society of Taiwan. They put judges, prosecutors, lawyers, doctors, teachers, pastors, painters, national assemblymen, senators, newsmen and the like on the blacklist, which was not a single page but was a book of many pages. Since it was unlikely to investigate these many people in 10 days, this proved that the Chinese KMT Party had already acquired the list of the would-be killed. Once Chiang Kai-Shek’s supporting forces showed up, they asked the Garrison Command to take this chance to eradicate these innocent elite of Taiwan. It goes without saying that the Chinese KMT was the mastermind for slaying Taiwan’s elite in the 228 Massacre.“

Taiwan's ruling Democratic Progressive Party (DPP) presidential candidate Frank Hsieh (2nd L) gives a speech while Hsieh's wife, Yu Fang-chin (L), vice presidential candidate Su Tseng-chang (2nd R) and Su's wife, Chan Hsiu-ling (R), listen during a rally to commemorate victims in the 228 event in Taipei February 28, 2008. Thousands of people were killed when Nationalist troops crushed an island wide riot on February 28, 1947, an event known as "228" in Taiwan. The Chinese characters read, "Pray for Taiwan. Love and Peace."

–February 15, 2006 by Lung Ying-Tai, in same reference (as above),
in a letter to Chinese envoy, Hu Jin-Tao (a recommended must-read).

“24 January 2006 thus marks the day when this one remaining throat has been cut.  And before the editors and staff of Freezing Point were informed of the execution of the “throat-cutting“, all words and phrases connected to Freezing Point were already erased from the internet.  Not one trace left.”

 

Former Taiwan President Chen Shui-bian (3rd R) and Vice President Annette Lu (2nd R) pose photo with victim’s relatives in front of monument of the 228-incident in Taipei on March 27, 2008.  The 228 incident was an anti government uprising on February 28, 1947 ( 2-28 ) that was crushed by the KMT government, which resulted in may civilian deaths.  Taiwan’s outgoing President Chen Shui-bian inaugurated a monument in memory of the thousands of people killed or prosecuted under the former authoritarian Kuomintang (KMT) government in this period of suppression.  Taiwan’s outgoing President Chen Shui-bian inaugurated a monument in memory of the thousands of people killed or prosecuted under the former authoritarian Kuomintang (KMT) government.

November 20, 2008 on detention and attack against citizens.

“According to the information received, since November 3rd, 2008, the city of Taipei has been heavily occupied by more than 7,000 police officers.  The authorities have taken many drastic measures, including: confiscating and damaging property, harassing and assaulting people who came too close to undefined or vaguely defined areas, clearing communal highway lanes with force, conducting random searches and arrests, and restricting the freedom of movement of citizens…

“… we fear these aggressions in fact aim at suppressing the right to freedom of expression of citizens.  To supplement this violence, there are also unprecedented restrictions which clearly overpass the limits of ensuring security…

“… seem to be aimed at silencing political opinions rather than protecting security, and thus they blatantly violate the Constitution of Taiwan, notably Articles 11 and 14 which protect freedom of expression and international human rights standards.”  (Taiwan version)

Several legal observers also questioned why police forcibly removed people carrying Republic of China flags, as holding or waving the national flag is not forbidden by the Social Order Maintenance Law (社會秩序維護法).

(Footnote: the extremeness of these actions…

“Only if flagpoles are seen as weapons or if flags are used to attack other people may the police take action against them, the observers said. After police on Monday forcibly kept people holding balloons from coming close to the conference venue or police exclusion lines, legal observers said that balloons could not be forbidden unless they have dangerous items attached to them or pose some other kind of real threat.”)

November 25, 2008 by Jerome F. Keating on the abuse of rights.

“Those who perpetrated these violations, particularly in the National Police Agency and National Security Bureau, must be held accountable, in accordance with Article 24 of the Constitution of Taiwan, which stipulates that ‘Any public employee who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to disciplinary punishment in accordance with law, be liable to criminal and civil action. The victim may, in accordance with law, claim damages from the State for any injury sustained there from.’

“… FIDH calls upon the government to amend the Parade and Assembly Law, in particular:  to abolish the requirement for mandatory permits and adopt the system of voluntary basis and the clause on special area of restriction, which gives too much discretion to the authority to restrict people’s freedom of association and freedom of expression.  In addition the authorities should abolish the order to dismiss as well as the provisions on special criminal punishment, which is a legacy of the martial law era.”

(Footnote by yours truly: Latest article [Wednesday, Jan 07, 2009] on martial law is titled, “Taiwan: Falling into China’s Orbit?“)

March 31, 2008 titled as “Taiwan: Voices after Presidential Election” (sections translated).

“This time a mainlander born outside Taiwan can be accepted by the majority who are identified with the local.  In this vein, we can expect in the future, a ‘new Taiwanese‘ or ‘aborigine‘ becoming our leader.  We can also start to reflect upon the existence of ‘ethnic consciousness’, whether such awareness is necessary.  We can say no to the divide, threat and agitation created by politicians.

“Finally KMT takes the political power back.  Mr. Ma has accomplished the dream of being a complete politician with ruling power.  Now we can examine if KMT can…”

(Footnote: A website dedicated to the “New Taiwanese,” entitled, ” ‘New Taiwanese’ Unnecessary to Argue Over Who is Taiwanese and Who is Not“)

Inset: DPP deputy caucus whip Chiu Yi-Ying lies on the ground after being felled by President Ma Ying-Jeou’s bodyguards yesterday. Main picture: Ma walked away from Chiu after she said she hoped he could do a better job protecting Taiwan’s sovereignty. Chiu then shouted at Ma, asking him why he was bullying Taiwanese and was pushed to the ground. (PHOTO: KE SZ-CHI, TAIPEI TIMES)

In a blog titled, Many Faces of Ma Ying-Jeou: There were only about 700 Chinese missiles aimed at Taiwan between 2004 and 2007.  The estimation now exceeds 1,000.

~ by Lan on 2008 Wed+00:002009-01-21T15:00:06+00:00. 15.