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    Open letter on erosion of justice in Taiwan



    Thursday, Nov 06, 2008, Page 8

    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 Democratic Progressive Party (DPP) government officials. To date there have been at least seven such cases.

    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.

    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.

    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 (KMT) 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.

    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.

    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 (1947-1987).



    Signed:

    Julian Baum

    Former Far Eastern Economic Review bureau chief

    Nat Bellocchi

    Former American Institute in Taiwan chairman

    Coen Blaauw

    Formosan Association for Public Affairs, Washington

    David Prager Branner

    Director at large (East Asia),

    American Oriental Society

    Gordon G. Chang

    Author of

    The Coming Collapse of China

    PROF. June Teufel Dreyer

    University of Miami

    PROF. Edward Friedman

    University of Wisconsin

    PROF. Bruce Jacobs

    Monash University

    Richard C. Kagan

    Professor emeritus,

    Hamline University

    Jerome Keating

    Author and former associate professor, National Taipei University

    ASSOC. PROF. Daniel Lynch

    School of International Relations, University of Southern California

    PROF. Victor H. Mair

    University of Pennsylvania

    ASSOC. PROF. Donald Rodgers

    Austin College

    PROF. Terence Russell

    University of Manitoba

    PROF. Scott Simon

    University of Ottawa

    John J. Tkacik Jr

    Senior research fellow,

    The Heritage Foundation

    Gerrit van der Wees

    Editor, Taiwan Communique PROF. Arthur Waldron

    University of Pennsylvania

    PROF. Vincent Wei-cheng Wang

    University of Richmond

    Stephen Yates

    President of DC Asia Advisory and former deputy assistant to the vice president for national security affairs.
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