Astonishingly, the Taipei District Court again ruled to continue the detention of former president Chen Shui-bian (陳水扁). In doing so, the court flouted international human rights legislation as well as the fact that the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights have been signed into Taiwanese law.
The constitutional separation of powers requires the judicial, legislative and executive branches to supervise each other. After President Ma Ying-jeou’s (馬英九) administration took over, however, the judicial branch has not fulfilled this constitutional role.
Instead, it has listened to the government and given up its independence in joining the other branches to create an authoritarian system that impinges on impartiality and justice and encroaches on human rights.
Superficial evidence has made an appearance in Chen’s case, but pre-sentence detention is not a means to punish suspects, nor a tool to extract confessions.
The presumption of innocence means that the accused should be detained only after a guilty verdict has been issued and that judges must pay attention to admissible evidence. Judges cannot decide to detain a suspect indefinitely because they determine on their own accord that there are strong suspicions involving the accused or that he could try to abscond, then hand down a verdict based on a confession given under duress.
If, for example, Chen really was under strong suspicion of committing a crime, there would have been no need for the controversial switch of judges that resulted in Chen’s detention. Furthermore, if there are suspicions that an accused former president may abscond, this presumes that security officials will neglect their duties. This kind of presumed guilt is unreasonable and illegal.
If the reasons for the latest extension to Chen’s detention are not accepted by the general public, the judiciary will lose its credibility.
Corruption, graft and money-laundering are criminal acts around the world, and while the same is the case in Taiwan, previous judgments indicate that courts have not applied the law consistently in investigations of Chinese Nationalist Party (KMT) government leaders. This has set a tacit precedent, and the unfairness of it all implies that there are two legal systems in place in Taiwan.
The Republic of China’s Constitution is a constitution for China, not for Taiwan, and the laws in the Constitution are Chinese laws, not Taiwanese laws. If we accept that Taiwan is lawless, then anything is acceptable.
The Nuremberg principle, the basis for international criminal law, states that the legality of domestic legislation does not absolve one of responsibility under international law, and that actions performed in the line of duty are not necessarily legal.
Human rights crimes fall under international legislation, so, in addition to expressing concern for Aung San Suu Kyi in Myanmar, I call on the UN and the international community to show their concern for the problems of leaders of human rights movements elsewhere.
Huang Chi-yao has a doctorate in law and is a visiting researcher at the Max Planck Institute.
TRANSLATED BY PERRY SVENSSON
The US Department of Defense recently released this year’s “Report on Military and Security Developments Involving the People’s Republic of China.” This annual report provides a comprehensive overview of China’s military capabilities, strategic objectives and evolving global ambitions. Taiwan features prominently in this year’s report, as capturing the nation remains central to Chinese President Xi Jinping’s (習近平) vision of the “great rejuvenation of the Chinese nation,” a goal he has set for 2049. The report underscores Taiwan’s critical role in China’s long-term strategy, highlighting its significance as a geopolitical flashpoint and a key target in China’s quest to assert dominance
The National Development Council (NDC) on Wednesday last week launched a six-month “digital nomad visitor visa” program, the Central News Agency (CNA) reported on Monday. The new visa is for foreign nationals from Taiwan’s list of visa-exempt countries who meet financial eligibility criteria and provide proof of work contracts, but it is not clear how it differs from other visitor visas for nationals of those countries, CNA wrote. The NDC last year said that it hoped to attract 100,000 “digital nomads,” according to the report. Interest in working remotely from abroad has significantly increased in recent years following improvements in
The Legislative Yuan passed legislation on Tuesday aimed at supporting the middle-aged generation — defined as people aged 55 or older willing and able to work — in a law initially proposed by Taiwan People’s Party (TPP) Legislator Wu Chun-cheng (吳春城) to help the nation transition from an aged society to a super-aged society. The law’s passage was celebrated by the Democratic Progressive Party (DPP), the Chinese Nationalist Party (KMT) and the TPP. The brief show of unity was welcome news, especially after 10 months of political fighting and unconstitutional amendments that are damaging democracy and the constitutional order, eliciting concern
Following a series of suspected sabotage attacks by Chinese vessels on undersea cables in the Baltic Sea last year, which impacted Europe’s communications and energy infrastructure, an international undersea cable off the coast of Yehliu (野柳) near Keelung was on Friday last week cut by a Chinese freighter. Four cores of the international submarine communication cable connecting Taiwan and the US were damaged. The Coast Guard Administration (CGA) dispatched a ship to the site after receiving a report from Chunghwa Telecom and located the Shunxin-39, a Cameroon-flagged cargo ship operated by a Hong Kong-registered company and owned by a Chinese
RSS