The International Federation for Human Rights (FIDH) is writing to you to express its deep concern regarding the detention and attacks against citizens protesting peacefully during the visit of Chinese envoy Mr. CHEN Yunlin. FIDH believes that such arrests and violence are grave violations of human rights, under the pretext of national security.

According to the information received, since November 3rd, 2008, the city of Taipei has been heavily occupied by more than 7,000 police officers. The authorities have taken many drastic measures, including: confiscating and damaging private property, harassing and assaulting people who came too close to undefined or vaguely defined areas, clearing communal highway lanes with force, conducting random searches and arrests, and restricting the freedom of movement of citizens. These actions have been taken during Mr. CHEN’s visit, in the name of protecting security.

However, we fear these aggressions in fact aim at suppressing the right to freedom of expression of citizens. To supplement this violence, there are also unprecedented restrictions which clearly overpass the limits of ensuring security. For example, citizens have been restricted from displaying or carrying the national flag of Taiwan, forbidden to declare that “Taiwan is not part of China”, forbidden from carrying filming devices, and restricted from playing any music the authorities consider inappropriate.

These measures seem to be aimed at silencing political opinions rather than protecting security, and thus they blatantly violate the Constitution of Taiwan, notably Articles 11 and 14 which protect freedom of expression and international human rights standards. Consequently, FIDH requests that the National Police Agency and National Security Bureau, bound by the Constitution and the national legislation, should be held responsible for violating their legal obligations. The Judicial Yuan and Control Yuan should immediately conduct independent and impartial investigations into all allegations of human rights violations and hold all personnel in office accountable for neglecting their civil and legal obligations, in line with the Judicial Yuan’s recent statement that “it is very important to form an objective and solid review standard, and make the constitutional reviews more predictable and trust-worthy to people”. Those who perpetrated these violations, particularly in the National Police Agency and National Security Bureau, must be held accountable, in accordance with Article 24 of the Constitution of Taiwan, which stipulates that “Any public employee who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to disciplinary punishment in accordance with law, be liable to criminal and civil action. The victim may, in accordance with law, claim damages from the State for any injury sustained therefrom.”

More generally, FIDH calls upon the government to amend the Parade and Assembly Law, in particular : to abolish the requirement for mandatory permits and adopt the system of voluntary basis and the clause on special area of restriction, which gives too much discretion to the authority to restrict people’s freedom of association and freedom of expression. In addition the authorities should abolish the order to dismiss as well as the provisions on special criminal punishment, which is a legacy of the martial law era. Finally, Taiwan should establish the protocol for law enforcement personnel who should have the obligation to clearly announce his or her identity when on duty, to ensure legitimacy and accountability.

Your Excellencies,

Our Organization firmly believes that the fruit of Taiwan’s remarkable democratization has landmark significance to the Asian continent as a whole. We therefore express our serious concern over the alarming human rights degradation in Taiwan, and we do take it as a signal of a negative trend undermining the values of democracy and human rights on which Taiwan should be based. Hoping that you will take into consideration the above mentioned concerns, I remain,

Yours sincerely,

Souhayr Belhassen

• FIDH President

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延伸閱讀:

迷失的聯繫：改善兩岸關係顯然已犧牲台灣的公民自由　■孔傑榮投書

再回到統計上以須無假設=有罪,那麼在其他不變的情況下,台灣的冤獄將是原來的4倍之多(20%的機率 vs 5%),也就是多了三倍, 那麼冤獄付出的社會成本也是三倍,由原來的一億七千五百萬(175000000)增加五億二千五百萬(525000000)而來到七億(700000000)!

而這些,還只是機率上的誤判所造成的冤獄而已, 如果有檢察官刻意抱著 “教訓”無辜被告的心態,(例如朱朝亮檢察官在被今週刊訪問時說的,詳見立即停止濫權羈押一文),那麼冤獄將更多,冤獄造成的外部成本也更大. 要改善司法,從落實向怠職法官求償冤獄賠償(即"外部成本內部化")開始吧!

4/27/2009 新增兩篇文章連結:

違法的羈押

天秤的兩端

November 4, 2008

JOINT STATEMENT

US, European and Australian scholars and writers express concern about prosecutions in Taiwan

The undersigned, scholars and writers from the US, Europe and Australia wish to express their deep concern about the recent series of detentions in Taiwan of present and former DPP government officials.  To date there have been at least seven such cases (See list below).
 

以下聯署的國際學者對於近日台灣政府一連串拘留卸任與現任民進黨政府官員的行動，深表憂慮。直至今日，據我們瞭解共有七件類似案件。

It is obvious that there have been cases of corruption in Taiwan, but these have occurred in both political camps.  The political neutrality of the judicial system is an essential element in a democracy.  It is also essential that any accused are considered innocent until proven guilty in the court of law.
很明顯的，貪污這個問題在台灣依然存在，但是這樣的案例在兩大政黨裡均曾發生。司法系統維持政治中立是民主的基本要素。堅持任何被指控者在裁定有罪前均是無罪的法律理念也是必要的。

We also believe that the procedures followed by the prosecutor's offices are severely flawed: while one or two of the accused have been formally charged, the majority is being held incommunicado without being charged.  This is a severe contravention of the writ of habeas corpus and a basic violation of due process, justice and the rule of law.
我們認為檢察官所採取的法律程序有著嚴重的缺失：雖然當一、兩位被指控者已被正式起訴時，大多數被指控者卻在未被正式起訴情況之下就遭到收押禁見。這嚴重違反了人身保護令以及正當法律程序、公義與法治。

In the meantime, the prosecutor's offices evidently leak detrimental information to the press.  This kind of "trial by press" is a violation of the basic standards of judicial procedures.  It also gives the distinct impression that the Kuomintang authorities are using the judicial system to get even with members of the former DPP government.  In addition, the people who are being held incommunicado are of course unable to defend themselves against the misreporting and the leaks in the news media.
在此同時，檢察官辦公室很明顯地將相關不利消息透露給媒體。這種「透過媒體辦案」的方式違反司法程序的基本標準；也讓外界認為國民黨政府利用司法系統來報復已下台的民進黨政府。此外，被收押禁見的人，在與外界斷絕聯繫的情況下，無法澄清外界不實報導與媒體洩密。

We do firmly believe that any alleged wrongdoings must be dealt with in a fair and open manner in an impartial court.  Justice through the rule of law is essential to Taiwan's efforts to consolidate democracy and protect fundamental human rights.
我們深信任何宣稱的犯罪行為應該以公正與公開的方式，在中立的法庭裡審判。透過法治落實司法，才能強化台灣民主與保障基本人權。

We do not want to see Taiwan's hard-earned democracy jeopardized in this manner.  Taiwan can justifiably be proud of its transition to democracy in the late 1980s and early 1990s.  It would be sad for Taiwan and detrimental to its international image if the progress which was made during the past 20 years would be erased.  Taiwan needs to move forward, not backwards to the unfair and unjust procedures as practiced during the dark days of Martial Law (1947-87).
我們不願見到台灣辛苦得來的民主陷入如此困境。台灣因為在八零年代後期與九零年早期成功轉型為民主國家，而引以為傲。如果過去二十年來的民主進展從此抺煞，這不僅將令人難過，台灣的國際形象也將受到嚴害傷害。台灣必須向前邁進，而不應是開倒車回到過去戒嚴黑暗時代的不公與不義。

Signed:

簽署人：

Nat Bellocchi, former Chairman of the American Institute in Taiwan

Julian Baum, former Taiwan Bureau Chief, Far Eastern Economic Review
 

Coen Blaauw, Formosan Association for Public Affairs, Washington DC

David Prager Branner,  Director at Large (East Asia), American Oriental Society

Gordon G. Chang, author, "The Coming Collapse of China."

June Teufel Dreyer, Professor of Political Science, University of Miami, Florida

Edward Friedman, Professor of Political Science and East Asian Studies, University of Wisconsin, Madison

Bruce Jacobs, Professor of Asian Languages and Studies, Monash University, Melbourne, Australia

Richard C. Kagan, Professor Emeritus of History, Hamline University, St. Paul Minnesota

Jerome F. Keating, Associate Professor, National Taipei University (Ret.).  Author, "Island in the Stream, a quick case study of Taiwan's complex history" and other works on Taiwan

Daniel Lynch, Associate Professor, School of International Relations, University of Southern California

Victor H. Mair, Professor of Chinese Language and Literature, University of Pennsylvania

Donald Rodgers, Associate Professor of Political Science, Austin College, Texas

Terence Russell, Professor of Chinese Language and Literature, University of Manitoba

Scott Simon, Professor of Sociology and Anthropology, University of Ottawa

John J. Tkacik Jr., Senior Research Fellow, The Heritage Foundation, Washington DC
 

Gerrit van der Wees, Editor Taiwan Communiqué, Washington DC

Vincent Wei-cheng Wang, Professor of Political Science, University of Richmond, Virginia

Arthur Waldron, Lauder Professor of International Relations, University of Pennsylvania

Stephen Yates, President of DC Asia Advisory and former Deputy Assistant to the Vice President for National Security Affairs

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Specific cases of concern:

-- The arrest and detention on October 15th of former Interior minister Yu Cheng-hsien;

-- The arrest and detention on October 27th of former Hsinchu Science Park Director and Deputy Minister of Environmental Protection Dr. James Lee;

-- The arrest and detention on October 29th of DPP Chiayi County Commissioner Chen Ming-wen;

-- The indictment on October 30th of DPP Tainan City Councilor Wang Ting-yu;

-- The arrest and detention on October 31st of former National Security Council (NSC) secretary-general and Deputy Prime Minister Chiou I-jen;

-- The questioning of former Foreign Minister Dr. Mark Chen on November 3rd and insinuations in the press that he might be charged and arrested.

-- The arrest and detention on November 4th of DPP Yunlin County Magistrate Ms. Su Chih-fen.