'Let's end
this circus': Chen Shui-bian
'ILLEGAL TRIAL' : The former
president's office issued a statement yesterday in which Chen requested that
Judge Tsai Shou-hsun hand him a life prison sentence
By Shelley Huang and
Ko Shu-ling
STAFF REPORTERS
Friday, May 08, 2009, Page 1
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A supporter of
former president Chen Shui-bian cries outside the Taipei District Court
after the judge sent Chen back to the Taipei Detention Center in Tucheng,
Taipei County, yesterday. PHOTO: CHANG CHIA-MING, TAIPEI TIMES |
Former president Chen Shui-bian (陳水扁), who has been detained
at the Taipei Detention Center since Dec. 30 on charges of money laundering and
corruption, yesterday released a statement requesting that Presiding Judge Tsai
Shou-hsun (蔡守訓) give him a life sentence.
“I will not appeal and my sentence can begin immediately,” Chen’s statement
said. “Let’s end this circus.”
Chen’s office issued the statement late yesterday afternoon, which said the
former president “rejected the illegal detention, illegal indictment and the
illegal trial,” adding that he would immediately dismiss his defense lawyers and
revoke the summons of all defense witnesses.
The statement also said he would go on a hunger strike until May 17 to show his
support for a demonstration planned by the Democratic Progressive Party (DPP).
The statement said he would refuse food until he saw his fellow Taiwanese come
together in front of the Presidential Office on May 17 to protest against
President Ma Ying-jeou (馬英九) and demand that he protect the nation.
He said as a former president, he stands for Taiwan independence and believes
Taiwan and China are separate countries.
“I vow on my life I will never be a slave of China,” he said. “Taiwanese must
maintain their dignity and backbone.”
The statement said that Chen did not embezzle any money or commit any crime. He
vowed he would never submit to judicial persecution and the political vendetta
being waged by the Chinese Nationalist Party (KMT) and “administrator Ma.”
Earlier yesterday morning, Chen showed shortness of breath and shook when he
appeared in court for his detention hearing.
The hearing yesterday was to decide whether to keep Chen incarcerated. The
prosecution requested the court keep the former president detained and cited
fears that Chen might collude with witnesses or try to abscond, adding that the
charges against him were serious crimes for which a defendant may be sentenced
to five or more years in prison.
“As a former president, the defendant [Chen] may have more contacts and a higher
ability to abscond than the average person,” prosecutor Lin Yi-chun (林怡君) said.
Because the former first family has wired large amounts of money to offshore
accounts, they may try to flee the country and “live luxuriously” overseas,
prosecutors said.
“[Chen] being invited back into the Democratic Progressive Party despite his
indictment shows that he is a very influential figure,” Lin said.
Prosecutors reasoned that Chen may use his influence to attempt to destroy or
tamper with evidence related to the case.
In response, Chen spoke in short breaths and occasionally heaved and coughed.
Chen quoted Special Investigation Panel prosecutors who had said at previous
detention hearings that he may be released once they have finished calling all
witnesses.
“Although the court has not finished calling the witnesses, the other defendants
and key witnesses have all been questioned,” Chen said.
Chou Chan-chun (周占春), the judge who previously presided over Chen’s case, had
said that if Chen was to be detained until the court has finished questioning
all witnesses, it would infringe on the defendant’s litigation and defense
rights, Chen said.
Chen said if he was released, he would not harass or collude with other
defendants and witnesses because he knows if he did, he would be detained again.
Chen also cited his deteriorating physical condition, which included heartburn,
asthma and arthritis.
“I have a heart condition. My heart aches at night and I have cold sweats, but I
dare not talk about it,” he said hoarsely.
He said his lawyer told him that electrocardiography data showed he had problems
in four places in his heart, but the detention center hadn’t informed him. At
this point, he paused in silence, then sniffled and took out a tissue to wipe
his nose.
Tsai gave Chen 30 minutes to speak. When his time was up, he put his head down
on the table. Upon seeing this, Tsai asked Chen whether he was feeling unwell,
then allowed him to rest in another room.
After Chen left the courtroom, his lawyers continued to speak in his defense and
said the court should release him on bail so he could be hospitalized.
After about half an hour, Chen came back into the courtroom with his body
shaking and his face pale. He had difficulty walking and had to be escorted by
two bailiffs, one on each side. Seeing this, some of Chen’s supporters who had
been watching the trial began to cry.
Chen continued to shake until Tsai said he would ask the detention center to
keep an eye on his physical condition and adjourned the hearing, ordering that
Chen be sent back to the detention center until further notice.
Outside the courthouse, Chen’s office secretary Chiang Chih-ming (江志銘) told
reporters that Chen had been suffering from a heart condition, asthma,
arthritis, deteriorating eyesight and other illnesses. He said the shaking was
probably because of his heart problems and that they had not seen this happen
before.
In response, Taipei Detention Center Deputy Director Lee Ta-chu (李大竹) said that
the scan that Chen had referred to was performed when he refused to eat last
November. Lee said they informed Chen of his results and Chen’s most recent scan
last month showed no signs of illness.
After visiting Chen at the detention center later yesterday, Chen’s lawyer Cheng
Wen-lung (鄭文龍) expressed regret over the decision not to grant his request to
have Chen hospitalized.
At a separate setting yesterday, the Democratic Progressive Party (DPP) urged
the judiciary to treat Chen in a humane manner and respect his rights.
DPP Legislator Kao Jyh-peng (高志鵬) said the DPP respected the law and understood
the law should not be bent for anyone’s sake, including Chen, “but everyone,
even Chen, is entitled to proper judicial rights.”
Chinese Nationalist Party (KMT) Legislator Lee Ching-hua (李慶華), however, said
the court should continue to detain Chen because he might try to steal the
thunder of DPP Chairperson Tsai Ing-wen (蔡英文) during the party’s planned rally
on May 17 if he were released.
Supporters
of former president scuffle with police after his detention hearing
By Shelley Huang
STAFF REPORTER
Friday, May 08, 2009, Page 3
A scuffle broke out between supporters of former president Chen Shui-bian’s
(陳水扁) and police yesterday when a crowd gathered outside the Taipei District
Court to protest the continued detention of the former president.
Chen yesterday attended a hearing on whether his detention should be continued.
Near the end of the hearing, some of the supporters who had been watching the
court proceedings shouted and stood up to get a better look at the former
president, who appeared weak and ill.
Bailiffs asked the supporters to sit down and remain quiet, but to no avail.
Chen’s supporters heckled Presiding Judge Tsai Shou-hsun (蔡守訓), shouting: “You
should have a conscience!”
A couple of the supporters were then escorted out by bailiffs.
Outside the courthouse, demonstrators wearing green baseball caps and shirts
with “Bian support union” written on them protested the court’s continued
detention of the former leader.
Shouting phrases such as “Tsai Shou-hsun is a judicial executioner” and “Tsai
Shou-hsun wants him dead,” dozens of the protesters surrounded the Taipei
District Court.
They carried signs that said: “Everyone is equal before the law,” “Justice is
not served, human rights is dead” and “Release A-bian, hold fair trials.”
After Chen’s hearing ended at 11:10am, those who had been in court walked out to
join the rest of the demonstrators.
A line of police carrying shields stood between demonstrators and the
courthouse.
Some demonstrators and members of the police argued and shouted profanities at
each other, while small clusters of demonstrators and police shoved each other
around the courthouse.
The demonstration settled down after about an hour with no injuries reported.
When former first lady Wu Shu-jen (吳淑珍) appeared at court in the afternoon in a
trial involving alleged kickbacks in a government land deal, she said she was
very concerned about Chen’s health.
“He has symptoms of heart disease,” she told reporters. “I hope the judge will
release him.”
Chen has been detained for a total of more than five months on corruption and
embezzlement charges.
He has denied the accusations, saying the trials are politically motivated and
that his detention is a violation of human rights.
Engagement
is not changing China
Friday, May 08, 2009, Page 8
President Ma Ying-jeou (馬英九) has said several times that he believes Taiwan’s
democracy can act as a positive example for China and that the Chinese
Nationalist Party (KMT) will only consider unification if and when Beijing
embraces universal suffrage.
Ma’s theory is not unique. It is almost identical to that of the US government,
which for many years has trumpeted its policy of engagement with Beijing as a
way of changing China’s authoritarian system, leading to its eventual
democratization.
But were it to be ranked on its effectiveness so far, the US policy would most
definitely receive a failing grade.
Thirty years of foreign investment-fueled economic growth has only succeeded in
strengthening the position of China’s leaders, making them more belligerent,
while democracy seems further away now than at any point since the Cultural
Revolution.
The utter failure of the US’ policy was apparent during US Secretary of State
Hillary Clinton’s February visit to Beijing, when she said issues such as human
rights couldn’t be allowed to “interfere” with the tackling of economic
problems.
Clinton’s reluctance to bring up issues unpalatable to Chinese leaders seems to
indicate that instead of changing China, engagement has produced the opposite
effect.
With its growing economic clout, China now has the ability to influence those
who choose to have closer ties with it — including the world’s sole remaining
superpower.
This is a lesson that people in Taiwan are only now beginning to learn.
The latest apparent sign of this phenomenon came earlier this week when Chinese
dissident Ji Xiaofeng (紀曉峰) accused Taiwanese intelligence agencies — in
behavior reminiscent of their Chinese counterparts — of collecting information
on Xinjiang and Tibet independence activists with a view to preventing them from
entering Taiwan.
The report was rebutted by the agencies concerned, but it would be foolish to
assume that the Ma government is incapable of such behavior given its track
record — and political agenda.
The effects of Ma’s policy of snuggling up to China were brought into sharp
focus in December by his rejection of a possible visit to Taiwan by the Tibetan
spiritual leader the Dalai Lama, something he had welcomed just nine months
earlier.
This came just a month after November’s visit by Chinese envoy Chen Yunlin
(陳雲林), during which police confiscated national flags and used violence against
unarmed protesters.
Add to that news that Taiwan is no longer ranked as Asia’s freest press: The
US-based Freedom House’s recent annual freedom of the press survey saw Taiwan’s
ranking slip 11 spots to 43rd place from last year, which makes it clear which
side of the Taiwan Strait is having the bigger effect on the other.
If a country as powerful as the US has, to all intents and purposes, admitted
defeat in its attempts to influence China, it does not take a genius to work out
what the consequences will be for Taiwan with the Ma administration’s
accelerating rapprochement.
Democratic
dictatorship taking root in Taiwan
By Hsu Yung-ming 徐永明
Friday, May 08, 2009, Page 8
President Ma Ying-jeou’s (馬英九) presidency can best be described as a “democratic
dictatorship” in that he often refers to the votes he garnered during last
year’s election when claiming public support for his presidency.
Although it’s been nearly a year since the election, Ma still uses this approach
as an endorsement of his policies and an affirmation of his political
credibility, ignoring the fact that the election of a president and support for
his administration are two entirely different issues.
Ma interprets the ballots cast in the presidential election as a blank check to
be used as he sees fit — and even as an excuse to suppress public opinion.
This is clear evidence that in his view of democracy, an actively participating
citizenry should be replaced by a passive group of voters that can only express
their view on voting day, and that he should act as their representative at all
other times.
All expression of public opinion on issues such as political credibility,
sunshine legislation or cross-strait relations are restricted because in Ma’s
mind, the public consists of voters and not citizens, democracy only exists on
election day and total vote numbers replace expressions of public opinion.
This also explains why Ma is so dismissive of referendum democracy and why calls
for the abolition of the Assembly and Parade Act (集會遊行法) has been embroiled in
dispute.
The idea of citizens expressing their views through street demonstrations or
criticizing the government has become unacceptable in the president’s view.
Democracy is reduced to the act of voting, while all other issues should be
dealt with by the elite, and the president in particular.
The most obvious manipulation of the democratic process can be seen in the
merging and elevated administrative status of Kaohsiung, Taichung and Taipei
counties and cities, leading to suspicions that the local elections at the end
of this year will be politically manipulated.
The greatest contribution of elections to democracy is the uncertainty about the
popular choice, which implies that there will never be a perennial winner
because the outcome is decided by a public that may change its mind at any time.
The biggest crisis facing Taiwan’s elections is this uncertainty may not be the
result of the elite competing for public support, but instead a result of
manipulation of the rules — be it by a single party or even just a single
person.
If the rules of the game are not accepted by all participating parties, fair
elections — the source of democratic legitimacy and consolidation — will
deteriorate into manipulated elections, resulting in genuine democracy taking a
step backward.
This all means that democratic elections are not necessarily a guarantee of
freedom, something that is difficult to understand from the historically linear
relationship between freedom and democracy which ignores the darker aspects of
democratic elections.
Fareed Zakaria’s popular work — The Future of Freedom: Illiberal Democracy at
Home and Abroad — which was published in 2004, discusses the universality of the
view that freedom is guaranteed by democracy based on the view that there is a
balance between democracy and freedom.
In doing so, it also explains how Ma’s government is establishing a democratic
dictatorship in Taiwan.
Hsu Yung-ming is an assistant professor
in the department of political science at Soochow University.