Former president Chen Shui-bian (陳水扁) yesterday would file for a constitutional interpretation from the Council of Grand Justices after the Taiwan High Court turned down an appeal against his detention.
In addition to declining the appeal, the high court ruled that no further appeals over his detention — by Chen or prosecutors — would be allowed.
Taiwan High Court spokesman Wen Yao-yuan (溫耀源) said judges turned down Chen’s appeal because they accepted the prosecutors’ argument that his release would undermine the progress of the case and pose a threat to defendants and witnesses.
“Under these circumstances, we cannot release him on bail,” Wen said.
Three high court judges spent more than 24 hours considering Tuesday’s appeal.
According to the Code of Criminal Procedure (刑事訴訟法), Chen may be detained for up to six months, at which point he would either be released or begin his sentences, if any.
“We will not give up, because we see flaws in the procedure,” said Cheng Wen-lung (鄭文龍), Chen’s lawyer.
Cheng called it “illegal” and “unconstitutional, adding that changing the presiding judge was wrong.
“It seems Taiwanese courts usually do a U-turn when they handle cases concerning politicians,” he said.
Cheng accused the judiciary of violating due process and compromising the credibility of the judiciary. He also lambasted the judges’ handling of the case and the Special Investigation Panel for “stealthily substituting” the interview records of other witnesses and quoting their interviews out of context.
In addition to the appeal, Chen’s lawyer had requested that the presiding judge of the Chen case be removed to avoid what he called a conflict of interest. The request, however, was also rejected.
As Chen’s lawyers seem to have exhausted all standard means available to appeal againt his detention, they are now turning to the Council of Grand Justices. Chen’s lawyers yesterday said they planned to file the request after the Lunar New Year.
Another tactic available is to exercise Chen’s right of silence in the court to stage a protest, a member of his legal team said.
Democratic Progressive Party (DPP) Legislator Chen Chieh-ju (陳節如), who visited the former president along with DPP Taipei chapter director Huang Ching-lin (黃慶林) at the Taipei Detention Center yesterday, described the court ruling as “political persecution.”
Chen Chieh-ju said Chen Shui-bian remained hopeful and that he would make every effort to defend his rights, including via a constitutional interpretation.
The former president is readying to publish a book before the Lunar New Year, she said. The tentative title of the book is The Cross of Taiwan. It will contain his writings during his time at the Taipei Detention Center late last year, she said.
Another of Chen Shui-bian’s defense lawyers, Cheng Sheng-chu (鄭勝助), who also visited the former president, said he informed his client of the court’s decision and that the former president accepted it reluctantly.
Cheng Sheng-chu dismissed speculation that the former president felt lost after learning of the verdict, saying it was quite clear “they have an iron cage there waiting for him.”
Meanwhile, following the Taipei District Court’s rejection on Tuesday of the appeal by Chen’s lawyer to have the presiding judge in Chen’s case removed to avoid what they called a conflict of interest, the lawyers yesterday said they would apply again.
In related news, former DPP chairman Su Tseng-chang (蘇貞昌) yesterday rebutted a report claiming that he had received political donations from former Chinatrust Financial Holding Co (中信金控) vice chairman Jeffrey Koo Jr (辜仲諒) and that he had asked Koo not to return to Taiwan to face a criminal investigation.
The Chinese-language Next Magazine reported yesterday that Koo had proposed he would return to Taiwan last January, but that then premier Su had sent Koo a message via contacts asking him not to return to the country, as he would risk being detained.
The report said Su received political donations from Koo on the two occasions he ran for Taipei County commissioner, in 1997 and 2001.
Su said in a press statement yesterday that the media report was fabricated. He left the position of premier in May 2007, but the report said he was premier last February, which proved it was entirely wrong.
Su said he had never received political donations from Koo.
Koo was released on NT$100 million (US$3 million) bail following his return to Taiwan in November after two years on the run.
Koo had been in Japan since evading an arrest warrant issued in 2006 after he failed to answer a subpoena to appear in court over allegations of irregularities involving Chinatrust’s bid for rival Mega Financial Holding Co (兆豐金控).
Prosecutors also suspected Koo offered Chen Shui-bian a bribe related to the failed takeover bid.
ONE LAST TALK: While Xi said that Taiwan was a ‘red line,’ Biden, in what is likely his last meeting with Xi as president, called for an end to China’s military activity around Taiwan China’s military intimidation and economic coercion against Taiwan are the main causes of tensions that are destabilizing peace in the Taiwan Strait, Taipei said yesterday while thanking US President Joe Biden for expressing Washington’s firm stance of maintaining peace and stability in the region. Biden and Chinese President Xi Jinping (習近平) met on Saturday for their third meeting and their first talks in seven months on the sidelines of the APEC forum in Lima, Peru. It was likely Biden’s last meeting as president with Xi. During their conversation, Biden reiterated the US’ opposition to any unilateral change to the “status quo” from either
Taiwan would participate in the 2026 APEC summit to be hosted by China after Beijing promised it would ensure the personal safety of attendees, Taiwanese national security sources said yesterday. The APEC Leaders’ Machu Picchu Declaration announced yesterday said that China would host the APEC summit in 2026. Beijing proposed hosting the summit shortly before this year’s gathering began on Friday, a national security official said, speaking on condition of anonymity. Many APEC members expressed concerns about China hosting the event and said that prior communication over the decision was insufficient, the official said. Taiwan brought up concerns about legal “guidelines” China announced in
SUPPORT: Arms sales to NATO Plus countries such as Japan, South Korea and Israel only have to be approved by the US Congress if they exceed US$25m The US should amend a law to add Taiwan to the list of “NATO Plus” allies and streamline future arms sales, a US commission said on Tuesday in its annual report to the US Congress. The recommendation was made in the annual report by the US-China Economic and Security Review Commission (USCC), which contained chapters on US-China economic and trade ties, security relations, and Taiwan and Hong Kong. In the chapter on Taiwan, the commission urged the US Congress to “amend the Arms Export Control Act of 1976 to include Taiwan on the list of ‘NATO Plus’ recipients,” referring to
Minister of Labor Ho Pei-shan (何佩珊) said she would tender her resignation following criticism of her handling of alleged bullying by Ministry of Labor Workforce Development Agency branch director Hsieh Yi-jung (謝宜容) resulting in the death of an employee. The ministry yesterday gave Hsieh two demerits and said she is subject to review by the Disciplinary Court. The severest possible punishment would be her removal from office and being barred from government jobs indefinitely. Workforce Development Agency Director-General Tsai Meng-liang (蔡孟良) also received a major demerit and was transferred to another position. Premier Cho Jung-tai (卓榮泰) issued a formal apology
RSS