MOJ wants ethics probe of Chen’s lawyer
　

HIS CLIENT’S VOICE: The ministry said Cheng Wen-long’s comments have defamed the judiciary. Meanwhile, a KMT lawmaker is thinking about an amnesty for Chen
　

By Ko Shu-ling and Flora Wang
STAFF REPORTERS
Wednesday, Nov 26, 2008, Page 3

“Whoever proposed this idea must be out of his mind.”— Chiu Yi, Chinese Nationalist Party (KMT) legislator
　

The Ministry of Justice has asked the Taipei District Court and Taipei Bar Association to investigate whether former president Chen Shui-bian’s (陳水扁) lawyer has violated the lawyer code of ethics by conveying his client’s messages to the outside world during Chen’s detention.

Claiming Cheng Wen-long’s (鄭文龍) statements have been political in nature and defamatory to the judiciary, the Ministry of Justice said on Monday night that it had sent a letter to the Taipei District Court and the Taipei Bar Association, asking if Cheng had violated the lawyer code of ethics.

The court said it would not begin an investigation until it received the letter. The bar association said a task force would be formed to conduct a probe after it receives the official notice.

Chen’s office issued a statement yesterday condemning the ministry, saying its actions would deprive him of his right to litigation guaranteed by the Constitution.

Cheng has been updating the media about Chen’s condition since he was detained without charge on Nov. 12 and began a fast on Nov. 13 to protest “political persecution.”

Cheng also issued a 10-point statement on behalf of Chen denouncing the “death of the judiciary.”

Attorney Richard Lee (李勝琛) said yesterday that Cheng has not violated legal ethics because he has not divulged anything related to Chen’s legal case.

“The ministry might think that Chen, who is being held incommunicado, should not enjoy freedom of speech,” he said. “It is worth discussing whether it is necessary to be so hard on a former president who suspects his case is politically motivated.”

Chen is suspected of money laundering, accepting bribes, forgery and embezzling NT$15 million (US$450,000) during his presidency.

He has accused the Chinese Nationalist Party (KMT) administration of waging a “political vendetta” against him to curry favor with China.

The latest message Cheng passed on to the media was a poem Chen wrote to his wife, Wu Shu-jen (吳淑珍) and Cheng transcribed during his visit to Chen on Monday.

In the poem, Chen described his political thoughts and his feelings for his wife, including regrets over his failure to listen to her.

Chen has said before that Wu tried to talk him out pursuing a political career.

Wu was indicted in November 2006 on corruption and forgery charges in connection with the use of Chen’s presidential “state affairs fund.” Chen was declared a defendant in the case shortly after he left office on May 20, when his presidential immunity expired.

Meanwhile, Chinese Nationalist Party (KMT) Legislator Tsao Erh-chang (曹爾忠) suggested yesterday that President Ma Ying-jeou (馬英九) consider granting an amnesty to Chen and sending him into exile if Chen admits guilt.

Tsao said Ma should consider pardoning and exiling Chen and his family if and only if the court finds Chen guilty, and Chen pleads guilty and returns the money he allegedly embezzled to the treasury.

Tsao said his proposal was aimed at maintaining social harmony.

“Society has paid a high price for [concentrating on the alleged corruption of] the former first family,” Tsao said.

When approached for comment, KMT caucus secretary-general Chang Sho-wen (張碩文) said the caucus would not discuss the idea until the court convicts Chen.

However, several KMT legislators spoke out yesterday against an amnesty.

KMT Legislator Wu Yu-sheng (吳育昇) said it was unlikely Tsao’s preconditions would be met.

Wu said both pan-blue and pan-green supporters should focus on the judicial investigation into Chen.

KMT Legislator Wu Ching-chih (吳清池) said it was too early for the public to discuss an amnesty.

KMT Legislator Chiu Yi (邱毅) said: “Whoever proposed this idea must be out of his mind.”

A slippery slope for all involved

Wednesday, Nov 26, 2008, Page 8

It may not have been overly dramatic of the Wild Strawberries Student Movement to stage a mock memorial service for human rights this week at the clumsily named National Taiwan Democracy Memorial Hall. Pan-green politicians are being held for days on end without charge; serious allegations of excessive use of force have been leveled at police; and the true purpose of the Assembly and Parade Law (集會遊行法) came into sharp focus this month.

Though far from dead, civil rights essential to democracy are on a slippery slope.

All the more cause for alarm was Minister of Justice Wang Ching-feng’s (王清峰) letter to the Taipei Times yesterday. Wang took an astonishing stance against the facts to rebut allegations leveled at prosecutors.

Despite the Chinese Nationalist Party’s (KMT) claims during its time as an opposition party that the judiciary was biased, Wang wrote in a letter to the Taipei Times that it is “quite simply untrue” that the nation’s “judicial system is susceptible to political manipulation.”

Kudos to Wang, who just might be the most optimistic person in Taiwan on this subject.

Wang dismissed claims that prosecutors were bending over backwards to please the administration of President Ma Ying-jeou (馬英九). The Democratic Progressive Party (DPP) figures arrested recently were all charged within 24 hours, she said.

This, unfortunately, is also “simply untrue,” raising concerns that Wang did not mean what she wrote or lacks a basic grasp of the legal system. Yunlin County Commissioner Su Chih-fen (蘇治芬), for example, was held for more than a week without charge. Former president Chen Shui-bian (陳水扁) remains in custody — without charge — as the ministry applies pressure on his lawyer to stop talking to the media.

Wang promised in her letter there would be “absolutely no erosion of justice in Taiwan, no matter who the accused is.” This is a noble pledge, but it will take more than words from the minister to make her argument: The actions of prosecutors speak louder.

NGOs and observers abroad are closely watching the situation. In the past months, Taiwan, which normally draws little concern from human rights groups, has fallen into their radar.

The International Federation of Journalists has condemned the government’s “apparent interference in state-owned media” after both the Central News Agency and Radio Taiwan International complained of pressure from the authorities. The International Federation for Human Rights is concerned that police action during the visit of Chinese envoy Chen Yunlin (陳雲林) curbed the freedom of speech of protesters. Reporters without Borders also expressed concern over the detention of a journalist covering the visit.

Likewise, the arrests of the DPP figures prompted a joint open letter from international experts, to which Wang’s letter was a confused response.

It should be amply clear that the actions of the current administration are not going unnoticed. At this point, convincing the Wild Strawberries and other skeptical voices at home and abroad that the nation’s human rights are as healthy today as they were a year ago will take a concerted effort indeed.

Unless the administration moves fast to remedy the situation, its reputation, like the nation’s human rights, will continue to erode.

Put an end to meddling in freedom of assembly
　

By Pan Han-shen 潘翰聲
Wednesday, Nov 26, 2008, Page 8

It has Become traditional for the annual year-end conference of the signatories to the UN Climate Change Convention and the Kyoto Protocol to be accompanied by parades, concerts and other activities worldwide to raise public awareness.

This year, the activities in Taiwan are scheduled for Dec. 6 and organizers include the Green Party Taiwan and the Taiwan Environmental Action Network (台灣環境行動網), among many others.

Unfortunately, when we applied for a permit to demonstrate, the Taipei City Government complicated the matter, while police intervened in an event promoting the activities.

The Assembly and Parade Law (集會遊行法) must be fundamentally amended to replace the requirement to apply for a rally permit with the option of notifying authorities.

On Nov. 19, our application to hold a demonstration on Ketagalan Boulevard was denied by the city government’s New Construction Office, which said that another group had already filed an application. We were not told who the group was so that we could negotiate the matter.

After an inquiry by city councilors the next day, we learned that no other application had been filed. A low-level agency responsible only for managing construction sites and roads was taking the liberty of reviewing the right to freedom of assembly.

Civil rights seem to have become something bestowed by the government as a favor, as it expands its administrative discretion. Civic groups without a political agenda are trampled on by overbearing bureaucrats who yield to any elected official.

Last Tuesday, we held a performance art event in front of Taipei 101. Although we had informed the local police precinct, police forced us to write down our personal information.

Last Friday, we displayed one black and two white balloons, symbolizing carbon dioxide, in front of Formosa Plastics Group’s (台塑) Taipei headquarters and demanded that President Ma Ying-jeou (馬英九) fulfill his campaign promise of levying an emissions tax and lowering income taxes.

Police first tried to turn off our microphone, but I demanded that freedom of speech be upheld and said that if we were too loud, they should act in accordance with the Noise Control Act (噪音管制法). After the event, the Songshan Police District threatened to ban our performance art events in the future.

Police have in recent years had a model for responding to this kind of small-scale event: Police hold up warning signs telling demonstrators to disperse. Protesters generally continue to yell slogans and wrap up their protest about 20 or 30 minutes after a third warning is given. This system avoids any conflict.

However, this harmony is often sacrificed when political or commercial interests are at stake. With the hawks gaining the upper hand since the visit of Association for Relations Across the Taiwan Strait Chairman Chen Yunlin (陳雲林), the fragile mutual trust between the police and public is close to collapse.

If the permit system is replaced by a compulsory, rather than voluntary, notification system, the government will still be able to restrain the voice of the public and weaker civic groups will be targeted by major political parties using the law as a tool.

Judging from the experience of environmental protection groups, the Wild Strawberries Student Movement has shown foresight by staging a sit-in protest at National Taiwan Democracy Memorial Hall without applying for a permit from the city government to avoid being humiliated.

Pan Han-shen is the secretary-general of the Green Party Taiwan.