"Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
These oft quoted words of English statesman William Pitt are brought to mind by Minister of Justice Chen Ding-nan's
The minister's rationale for this plan is "... as one can disperse wealth into many different bank accounts, it's a very complicated process for criminal investigators to look into the flow of money. The fight against corruption would only work well if all citizens' asset records are put on file."
This plan was quickly denounced from a number of different quarters as both impractical and a direct violation of human rights. I very much agree. Many people in the criminal justice community, myself included, feel the new Minister of Justice is off to a very rocky start. No one I have ever spoken to doubts the minister's sincerity or honesty. There is a general agreement that he is serious about fighting corruption and "black gold" politics.
Unfortunately, good intentions are not enough. Minister Chen's almost total inexperience in the criminal justice system is showing. This most recent gaffe, and I term it that because I presume nobody takes seriously the idea of all citizens in a democracy registering all their assets, is just the latest in a series of ill conceived plans.
His "solution" to the recent prison escape in Taichung was to be publicly quoted to the effect: well all I know about prisons is what I saw in the movies, but I think a technology solution should work, like more surveillance cameras.
With all due respect, Minister Chen, wrong answer.
His plan for a combined anti-corruption task force was quickly scuttled by the ministry's Investigation Bureau (MJIB) as well as dissent within the ministry itself. The minister announced that plan, seemingly without adequately consulting either the MJIB or senior prosecutors. As a result, the plan was basically stillborn.
The minister continues to parrot the long-standing defense for the death penalty here in Taiwan, ie "opinion polls show the public supports the death penalty." His position on the well-known Hsichih Trio death penalty case can best be described as equivocal.
He has also installed a number of his "friends" in fairly senior positions within the ministry. Given the fact that these friends have no more criminal justice experience than he does, this has caused some resentment within the ministry. The process of advancement within the ministry has been a very sensitive subject for a number of years now and Minister Chen's handling of senior positions has done nothing to reassure career prosecutors.
Which brings us around to the minister's latest plan. It is ironic that the first Minister of Justice under a DPP president should even consider a plan that smacks of a return to marital law.
Minister Chen has a dangerous habit of claiming that the end justify the means. That is a stock claim for governments around the world that seek to sacrifice the human rights of their citizens on the altar of some wider goal. It is both unacceptable from a moral perspective and unnecessary as a practical matter.
Black gold politics can be eliminated in this nation without abandoning human rights and civil liberties.
Brian Kennedy is a board member of Amnesty International Taiwan and the Taiwan Association for Human Rights.
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