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In Taiwan, 80% Judges Sign Petition to
Resist Political Interference |
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Control Yuan Member Chen Shih-meng stated that he plans to investigate and impeach the judge who acquitted former President Ma Ying-jeou in a leaks case. Some 80 percent of judges signed a petition strongly opposing political interference of the judiciary.
(Photo from: United Daily News) |
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80% Judges Call Upon Ombudsman to Respect Judiciary
United Daily News, December 27, 2019
Control Yuan member Chen Shih-meng sought to initiate an inquiry of Judge Tang Yueh of the Taipei District Court over the acquittal of former President Ma Ying-jeou in a classified-transcript leaking case. In response, the Judges Association of the Republic of China (JAROC) launched a signing campaign on December 18, 2019 to "resist any act of indiscriminate interference in judicial trials." The campaign ended after one week, with more than 80 percent of Taiwan’s 1,689 judges participating in the signing to lodge their protests. In Taiwan, the Control Yuan, composed of 29 members appointed by the president and confirmed by the Legislative Yuan, is one of the five branches of government which investigates and monitors other branches of government.
The JAROC pointed out that Taiwan’s high-quality evolvement value, together with its judicial independence and freedom from interference in the administration of justice, has been widely recognized by the international community. They are the last line of defense for Taiwan’s hard-earned democratic achievements.
The JAROC indicated that Poland 's Law and Justice Party assumed power in 2015. This party have held high the "transitional justice, personnel descaling" banner, while setting up the Discipline Chamber at the Supreme Court. The Chamber was composed of "a group of judges" elected via the Parliament to investigate some particular judges whether their court rulings were wrong. Some could be sanctioned.
The European Commission believed that this new measure will make judges "not insulate from political control" and thus judicial independence is violated. The European Commission has also filed a lawsuit with Poland at the European Court of Justice on this matter.
On December 5, the Polish Supreme Court decided that the influence of political forces could not guarantee the Disciplinary Chamber’s judicial independence. It meant: "The Chamber could not be independent from the executive and legislative powers."
The JAROC said Chen Shih-meng has ignored his responsibility as a Control Yuan Member, disregarding Taiwan’s relentless efforts to advance its judicial system and wantonly slandering Taiwan’s judicial independence. Accordingly, the JAROC called for Chen to be "cautious with his words and deeds, self-regulated and self-respected."
The JAROC revealed that in addition to 80.3 percent of the nation’s judges participating in the signing, 495 public prosecutors, 50 lawyers, and three academics were joining force. The Taiwan Jurists Association (TJA) also took the initiative to register their objections. In total, there are 2,247 legal professionals involved.
Only within one week, those legal professionals rallied their support to the signing campaign. They were not only the cherished treasures of judicial independence, but also common heritage of Taiwanese society. The legal professionals aspire earnestly to defend an independent judicial system.
Chen Shih-meng said a few days ago that "the right and the wrong cannot be judged by the number of people, their voice volume, or the media focus." The JAROC rebutted that the signing campaign aimed at expressing the judges’ sentiment, rather than the number and the voice volume. A
United Daily News reporter contacted Chen for a press interview but in vain.
From: https://udn.com/news/story/11311/4252489
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In face of disputes over the constitutional separation of powers between the Control Yuan and Judicial Yuan, public opinion thinks that President Tsai should not evade her enumerated responsibility to mediate.
(Photo from: United Daily News) |
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Commentary: To Resolve Constitutional Dispute, President Tsai Cannot Take “Election Holiday”
United Daily News, December 25, 2019
Control Yuan member Chen Shih-meng recently announced his plan to interrogate the trial judge who had acquitted former President Ma Ying-jeou not guilty in the classified information leaks case that commenced from 2013. Chen’s remark is a constitutional move of “two trains’ head-on collision”. Democratic Progressive Party (DPP) vice presidential candidate William Lai and Premier Su Tseng-chang who both are vocal whenever criticizing Kuomintang Party (KMT), now either ignore, or refuse to comment on this constitutional issue and keep their mouths shut.
Based on checks and balances, constitutionally, the Judicial Yuan is not totally unchecked. Yet Chen’s intention to question the judge is a rude challenge to judicial independence. No wonder it raised a wave of nation-wide collective protests from judges, prosecutors, and lawyers.
Ever since he been appointed in March 2017, Chen has asserted that he would beat those judges who have selectively ruled against defendants affiliated with the DPP. His attitude of party preference has frequently raised eyebrows from the general public. Now, one more time, he raises constitutional disputes. However, no political figures from ruling party stand out to dissuade such a move, or to make appropriate comments. Political confrontation between the KMT and DPP is natural, especially during election campaign. However, when Control Yuan’s power exceeds that of Judicial Yuan thus infringes the core value of adjudgment, how can we put a blind eye to such an unconstitutional abuse?
Premier Su Chen-chang, who is known by his outspoken criticism to all unfairness, while been asked about this constitutional dispute, slipped the question by saying “As the Premier I am not in the position to comment “. It seems that he has selectively forgotten what he has commented on whether the suspect be trialed in Taiwan in the Case of Chan Tong-kai, the Hong Kong resident who murdered his girlfriend during their holidays in Taiwan and fled back to Hong Kong. In this case, Premier Su criticized former President Ma Ying-jeou and his close friend Attorney Chen Changwen for defending the suspect, calling them “devils emerged.”
Taipei City Mayor Ko Wen-je told us the truth. Ko straightly expressed that Commissioner Chen has gotten himself involved in constitutional disputes, and questioned Chen: “Are you sure that only you are right and the other 99 people are wrong?”
Commissioner Chen replied to the general public, saying that he himself is “a dead pig who has no fear to boiling water”. He intends to do what he wants; even the Control Yuan can hardly curb him. It seems now that only the president can stand out to draw the line between the Judicial Yuan and Control Yuan by exercising power enumerated in Article 44 of the Constitution to “conciliate the disputes between constitutional branches”.
When asked why not take a leave from her official post before the upcoming elections, incumbent President Tsai Ing-wen replied that the president cannot take leave. There should be no election break either for the president to resolve the constitutional dispute.
From: https://udn.com/news/story/11311/4247169
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Opinion: Why Does the Judiciary Cause the DPP Discomfort?
By Kao Su-po
The Storm Media, December 28, 2019
Control Yuan member Chen Shih-meng stated publicly before becoming a member of the Control Yuan that a “Lustration Act” should be enacted to “vet and cleanse” the judges and prosecutors left over from the authoritarian era. It is not surprising that Chen has been targetting the judiciary since he took office as a Control Yuan member. However, it has caused uproar in many circles criticizing Chen for abusing his power and violating the Constitution.
Just a few days ago, Chen began notifying for interrogation a judge who acquitted former President Ma Ying-jeou for alleged offenses against privacy, many judges united in protest to this notification by co-signing a joint letter expressing their solemn stance to “safeguard trial independence and judicial dignity.” Confronted with this stern opposition of the judges accusing him for interfering with trials and exercising unconstitutional investigative powers, Chen held a press conference claiming that “the judiciary is not the last line of defense for justice, but for the old guard and party-state ideology.”
This statement by Chen Shih-meng exposed the Democratic Progressive Party’s (DPP) true viewpoint and attitude towards the judiciary. To put it in a nutshell, the highest value of the DPP is political stand, those in favor of the DPP’ interest is considered good; those against evil. And the political stand of the DPP is unquestionably correct and no hesitation can be tolerated. Hence, the judiciary only has the value of a tool to the DPP. Any judge or prosecutor who insists on due process of law and jurisprudence could be regarded by the DPP as reactionary force and remnant of the party-state era that should be subject to vetting. Despite the DPP camp is full of lawyers, their interpretation of the law has made them sophists, thus interpreting smuggling cigarettes as over-purchase. The basic jurisprudence has been discarded like old shoes. No wonder Chen and the like in the DPP are getting ready to attack the judiciary and the majority of judges who insists on fundamental principles of jurisprudence.
Article 80 of the Republic of China Constitution stipulates that judges should be above partisanship and shall, in accordance with law, hold trials independently, free from any interference. Members of the Control Yuan can investigate cases of ethics violation, wrongful detention, unduly delay of trial, etc. But matters of investigation and charge, trial judgement and law application are core of the judicial power that should be off-limits to the Control Yuan. The Constitutional Interpretation No. 325 by the Judicial Yuan has made it very clear that the legal opinion of the Judiciary should be protected from the investigation of the Control Yuan.
When a member of the Control Yuan openly challenges and violates the core of the judicial power and triggers a constitutional crisis, the President Hsu Tzong-li of the Judicial Yuan cannot simply say that he has to “abide by the principle of separation of powers.” Instead, Hsu should follow the example of former President Fu Ssu-nien of National Taiwan University to lead the protest in order to protect his students. President Hsu should take concrete action by making public statement: “judges shall ignore the unconstitutional notification for interrogation from Chen Shih-meng and if Chen has a problem with that he can come directly to me.” When other people riding on your head, the judiciary has to find ways to defend itself and not be bullied by this unconstitutional behavior. Maybe Hsu can ask President Tsai to exercise the rarely used power to intervene in the disputes between different yuans (branches of government). That would be considered a contribution to the constitutional system.
Recently, President Tsai used the political in-battle between former President Ma Ying-jeou and former Legislative Yuan Speaker Wang Jin-pyng as an excuse not to reinstate the Special Prosecutors Division (SPD). She deliberately avoided mentioning the quarrel was actually caused by Ker Chien-ming, the DPP whip in the Legislative Yuan, when he lobbied for his own criminal case. The SPD was investigating the officials who were lobbied by him and later was accused of tapping legislators’ phones. In fact, I was the convener of the Judicial Committed of the Legislative Yuan when the Court Organic Act was amended to create the SPD, comprising of an impartial and independent prosecutor general and a team of elite prosecutors. This division is charged with the power to investigate the president, premier, legislators, major corporations and top businessmen for corruption and election fraud. Under this three-in-one design, it had become a very useful instrument to hold the rich and the powerful in check.
In the following 10 years since its inception, the SPD has investigated both the pan-blue and the pan-green criminal suspects and its results are open for the public to review, such as the cases of former President Chen Shui-bian’s embezzlement of state secret affairs expenses, government head executive special expenses, national security secret expenses, KMT Legislator Lin Yi-shih accepting bribery, etc.
President Tsai is forgetful to name the SPD as “the Eastern Depot” (an secret police agency in imperial China) since Tsai created the government agency “Transitional Justice Commission” and its vice chair, appointed by President Tsai, called it “the Eastern Depot” in an internal meeting. President Tsai has mistaken her own intention for other people’s in thinking the law-enforcement officers ought be proud to be part of the Eastern Depot. In fact, no one other than Chen Shih-meng and the like would give up self-dignity and professionalism and lower themselves to be part of the Eastern Depot. Those judges and prosecutors defying Tsai and the DPP are regarded as obstacles in Tsai’s attempt to turn law enforcement agencies into “internal depot.” That is the very reason that makes the DPP uncomfortable and want to unleash Chen Shih-meng and the like to come out and bite.
From: https://www.storm.mg/article/2113889
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December 23: The administration of President Tsai Ing-wen has been an eager proponent of green energy. In addition to paying a high price for windmills, now even farmland everywhere is being distorted. United Daily News reporters found that due to the government’s continued relaxation of power generation regulations on farmlands, once-green farmlands across Taiwan are now “occupied” by gray solar panels. Environmental groups and local elected representatives have criticized sacrificing good farmland for green energy.
December 23: With less than 20 days before the presidential election, Premier Su Tseng-chang hosted two opening ceremonies for the southward railway reform in Taitung and electrification of the southward railroad. A township chief criticized that the southward railway is being launched while it is only half-completed and is most likely to cause big traffic jams during weekends and holidays. The opening ceremony for the electrification of the southward railway was also rushed: only a partial 25.2 km is complete out of a total distance of 123.4 km.
December 24: The Kuomintang (KMT) pointed out that political figures affiliated with the ruling Democratic Progressive Party (DPP), including President Tsai Ing-wen, DPP vice presidential candidate William Lai, Office of the President Secretary-General Chen Chu, and Representative to Japan Frank Hsieh, had all met with mainland Chinese officials before. The DPP should not criticize the KMT for “selling out Taiwan” and hold the KMT to a double standard when examining the party’s interactions with the mainland. President Tsai and vice-presidential candidate William Lai should explain to the people political ramifications of the anti-infiltration law which the DPP is planning to pass.
December 25: Taiwan and the United States will launch their first shale gas cooperation! Taiwan’s CPC Corporation is expected to purchase 30 percent of the oil and gas interests in the shale gas mine in Haynesville, Louisiana for US$475 million (approximately NT$14.2 billion) and will receive approximately 1.5 billion cubic meters of natural gas each year. The investment will last for 35 years, and total revenue is expected to reach US$5.76 billion (about NT$170 million).
December 25: Taichung Mayor Lu Hsiow-yen announced that due to three violations by the Taichung Power Plant exceeding coal use in violation of regulations and failing to effectively improve the situation before the deadline, permits for two generators will be revoked permanently, and an additional penalty of NT$9 million (about US$300,000) will be imposed, effective January 1. The Taiwan Power Company (TPC) said that it would seek administrative relief. If it prevails, TPC does not rule out pursing damages against the Taichung City Government.
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Taiwan Weekly is a newsletter released every week by Fair Winds Foundation, Taipei Forum, and Association of Foreign Relations that provides coverage and perspectives into the latest developments in Taiwan.
The conclusions and recommendations of any Taiwan Weekly article are solely those of its author(s), and do not reflect the views of the institutions that publish the newsletter.
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