Taiwan's climate is not cold enough to warrant the use of radiators, so the 319 investigation committee lacks the cheap investigatory resources -- tying someone to an overheated radiator until they tell you what you want to hear -- of less torrid climes. Doubtless the pan-blues who dominate the committee will be thrown back on the means they used in the "good old days, when people had hope," as they call it, better known to others as the days of the White Terror. The old hands from the Taiwan Garrison Command haven't forgotten how to wire up someone's genitals to a hand generator, surely? God forbid that the old and valued skills of extracting confessions under duress should have withered in this democratic age.
Why do we paint the investigation commission as resembling the Spanish Inquisition? Because it has armed itself with pretty much the same set of powers and, far more importantly, shown about the same delicacy regarding human and constitutional rights -- ie, none at all. Let us be honest and admit that the issue has been mishandled from the start. There is talk of the new committee being unconstitutional. But the simple fact is that any committee at all would probably be so. The Constitution explicitly says that the Judicial Yuan has charge of civil, criminal and administrative cases. So any committee which impinged on these powers would either be constitutionally dubious or toothless. But given that the investigation of the election-eve shooting seemed to be going nowhere, President Chen Shui-bian (
What was needed was a constitutional amendment to allow criminal investigations, in restricted and exceptional circumstances, by other organs -- some sort of independent counsel's office, for example. This would have required an intelligent appreciation of what was needed, cooperation in the legislature toward passing the measure, and time, none of which the pan-blues were interested in granting.
What we actually got was the pan-blues passing their own bill, which aimed not to find out the truth but to provide them with a political tool to embarrass and harass the government and the pan-greens as much as possible without having to take any responsibility for the consequences. They can accuse whomever of whatever and leave it to seconded prosecutors to press the charges, however vacuous and ill-prepared they might be.
We could talk about the damage to the principle of separation of powers in setting up this committee. The independence of a judiciary from those staples of legislatures the world over, horse-trading, lobbying and the pork barrel, is a basic principle. What the new committee setup gives us is the majority faction in the legislature having the right to interfere in the affairs of the judiciary in any way it pleases, without any check on its power whatsoever. No wonder the committee has been called "a tool to rape justice."
This might violate the basic principles of democratic government, but it is not, however, the most outrageous thing about the new committee and its powers. Nor even is the fact that the committee is to be composed of party political hacks with no legal training. The real scandal, likely to do Taiwan's reputation as a liberal democracy serious damage, is that it dispenses with basic constitutional rights and protections. The statute creating the committee explicitly exempts it from the application of the Code of Criminal Procedure. This means that "due process" simply doesn't have to be followed, which in turn means safeguards against coercion do not apply. There is apparently nothing like a good beating with a rubber hose at the behest of a legislative appointee to find out who shot the president.
Chinese Nationalist Party (KMT) caucus whip Fu Kun-chi (傅?萁) has caused havoc with his attempts to overturn the democratic and constitutional order in the legislature. If we look at this devolution from the context of a transition to democracy from authoritarianism in a culturally Chinese sense — that of zhonghua (中華) — then we are playing witness to a servile spirit from a millennia-old form of totalitarianism that is intent on damaging the nation’s hard-won democracy. This servile spirit is ingrained in Chinese culture. About a century ago, Chinese satirist and author Lu Xun (魯迅) saw through the servile nature of
In their New York Times bestseller How Democracies Die, Harvard political scientists Steven Levitsky and Daniel Ziblatt said that democracies today “may die at the hands not of generals but of elected leaders. Many government efforts to subvert democracy are ‘legal,’ in the sense that they are approved by the legislature or accepted by the courts. They may even be portrayed as efforts to improve democracy — making the judiciary more efficient, combating corruption, or cleaning up the electoral process.” Moreover, the two authors observe that those who denounce such legal threats to democracy are often “dismissed as exaggerating or
Monday was the 37th anniversary of former president Chiang Ching-kuo’s (蔣經國) death. Chiang — a son of former president Chiang Kai-shek (蔣介石), who had implemented party-state rule and martial law in Taiwan — has a complicated legacy. Whether one looks at his time in power in a positive or negative light depends very much on who they are, and what their relationship with the Chinese Nationalist Party (KMT) is. Although toward the end of his life Chiang Ching-kuo lifted martial law and steered Taiwan onto the path of democratization, these changes were forced upon him by internal and external pressures,
The Chinese Nationalist Party (KMT) caucus in the Legislative Yuan has made an internal decision to freeze NT$1.8 billion (US$54.7 million) of the indigenous submarine project’s NT$2 billion budget. This means that up to 90 percent of the budget cannot be utilized. It would only be accessible if the legislature agrees to lift the freeze sometime in the future. However, for Taiwan to construct its own submarines, it must rely on foreign support for several key pieces of equipment and technology. These foreign supporters would also be forced to endure significant pressure, infiltration and influence from Beijing. In other words,