Court rejects Chen's request for return of documents

The Taipei District Court yesterday rejected President Chen Shui-bian's (陳水扁) declaration that documents seized in the "state affairs fund" case are classified information and should therefore be returned by the court, saying the court would continue to keep them and use them as evidence during the trial.

Wellington Ku (顧立雄), the lawyer of first lady Wu Shu-jen (吳淑珍), told reporters that the first family would appeal the ruling to the Taiwan High Court.

The Council of Grand Justices on July 15 confirmed the president's constitutional right to decide what constitutes a state secret and his right to refuse disclosure.

The council said that the president, within the authority conferred upon him by the Constitution and its additional articles, has the privilege to keep secret classified information concerning national security, defense and diplomacy if he determines that their disclosure would compromise national security and interests.

The Presidential Office subsequently announced that documents detailing the contents of the six diplomatic projects from July 2002 to December last year were classified information under the protection of the Classified National Security Information Protection Act (國家機密保護法) and asked the court to return the documents.

Judge Tsai Shou-hsun (蔡守訓) ruled that while the July 15 constitutional interpretation states that the president has the right to keep classified information secret, the exercise of the right should still be made based on the constitutional principle of balance of power.

The ruling criticized the president's decision, saying it was made to try to cover the defendants' actions.

It added that prosecutors had said Chen was also suspected of graft and forgery, but could not be charged because of his presidential immunity. As such, Chen should not interfere with or get involved in the trial by exercising his "privilege" to take the documents from the court, it said.

The first lady and three former presidential aides were indicted last November on charges of corruption for allegedly embezzling NT$14.8 million (US$449,600) from the "state affairs fund," a special allowance fund designed to be used by the president for state affairs.

The case is pending in court.

In response to the ruling, Presidential Office Secretary-General Yeh Chu-lan (葉菊蘭) said: "We don't think the court's statement conforms with reality and we regret that."

According to the Grand Justices Ruling No. 627, the president enjoys the right to decide what constitutes a national secret, Yeh told reporters.

Additional reporting by Shih Hsiu-chuan