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Chen lawyer files appeal against detention

Supporters of former president Chen Shui-bian hold slogans reading ¡§The legal system is persecuting Taiwan¡¦s A-bian¡¨ yesterday in front of the Control Yuan in Taipei. PHOTO: AP

Former president Chen Shui-bian¡¦s (³¯¤ô«ó) lawyer yesterday filed an appeal with the Taiwan High Court against Chen¡¦s detention ahead of his trial on corruption charges.

¡§We said in the appeal that the vote that saw Presiding Judge Tsai Shou-hsun [½²¦u°V] take over the Chen case from Chou Chan-chun [©P¥e¬K] was the result of political pressure and that it violated the law and the Constitution, and that Chen was perturbed by the selection of Tsai,¡¨ Chen¡¦s lawyer Cheng Wen-lung (¾G¤åÀs) told reporters in front of the Taiwan District Court yesterday afternoon.

The appeal also said that Chen¡¦s behavior during the 16 days since his release proved it was unnecessary to detain him, Cheng said.

Chou¡¦s decision to release Chen without bail was a final ruling, Cheng said, and the prosecutors¡¦ appeal to the Taiwan High Court and that court¡¦s ruling that the District Court reconsider Chen¡¦s release were therefore illegal.

Cheng said the flaws in judicial procedure in this case were not only detrimental to Chen, but a setback for the nation¡¦s judiciary.

Tsai said last Tuesday that Chen would be detained, but that the court would not prohibit him from seeing visitors.

The former president was detained on Nov. 12 and held until Dec. 13, when he was indicted along with 13 others on charges of embezzlement, corruption and money laundering.

On Dec. 25, the Taiwan High Court ordered the Taipei District Court to reconsider its Dec. 18 decision confirming Chen¡¦s release.

The High Court¡¦s order was in response to an appeal filed by the Special Investigative Panel of the Supreme Prosecutor¡¦s Office.

Also yesterday, a legislative committee dominated by the Chinese Nationalist Party (KMT) asked the Judicial Yuan to investigate a district court judge who criticized Tsai and present a report on the matter within a month.

The Judiciary and Organic Laws and Statutes Committee asked the Judicial Yuan to probe Shilin District Court Judge Hung Ying-hua (¬x­^ªá), whose criticism of Tsai was described by some of the KMT committee members as ¡§audacious.¡¨

Shortly after the Taipei District Court last week changed the presiding judge in Chen¡¦s case, Hung and Huang Jui-hua (¶À·çµØ), president of the Ilan District Court, published articles saying the move violated judicial procedures.

On Nov. 17, Hung also criticized the Ministry of Justice over the Chen case in the Liberty Times (the Taipei Times¡¦ sister newspaper).

The committee also asked the Judicial Yuan to probe an allegation that Hung¡¦s two brothers had used her position for extortion by promising to fix a land deal and a legal case. A report on the allegations and on Hung¡¦s criticism of Tsai should be completed within a month, the committee said.

The committee¡¦s decision came after KMT Legislator Chiu Yi (ªô¼Ý) alleged during the question-and-answer session that one of Hung¡¦s brothers was convicted of fraud in 1995 for accepting NT$3 million (US$30,000) in bribes in return for promising to fix a legal case.

Chiu said the presiding judge in that case had been Tsai and that he suspected Hung¡¦s criticism of Tsai reflected a personal grudge.

Another of Hung¡¦s brothers was convicted for his involvement in an illegal land deal, Chiu said, yet Hung was made judge of Shilin District Court. Chiu questioned her qualifications, saying that the courtroom was like a way station to her as she traveled back and forth between the judiciary and public office.

Chiu also said that Hung had once alleged that former president Lee Teng-hui (§õµn½÷) had asked former Examination Yuan president Hsu Shui-teh (?w) to give her NT$300 million in October 1993 to talk her out of running for Changhua County commissioner.

Judicial Yuan Deputy Secretary-General Shen Shou-jing (¨H¦u·q) said the yuan would launch an investigation into the matter.

At the same setting, Minister of Justice Wang Ching-feng (¤ý²M®p) told the committee that the ministry would amend the Detention Act (Åù©ãªk) after the Council of Grand Justices ruled on Dec. 26 that it was unconstitutional to deny a detainee the right to file a court complaint alleging maltreatment by the detention center.

The grand justices said that Article 6 of the Detention Act and Article 14 of the Act¡¦s regulations for implementation should be amended within two years.

Wang said legal revisions to the Detention Act were necessary because the legislation was outdated. The Detention Act was enacted in 1946 and implemented in 1947.

Committee members across party lines expressed support for the amendments.

Meanwhile, Chen has urged the Democratic Progressive Party (DPP) to unite, saying in a letter that the party¡¦s opponent was not President Ma Ying-jeou (°¨­^¤E) but Chinese President Hu Jintao (­JÀAÀÜ).

DPP Legislator Ker Chien-ming (¬_«Ø»Ê) told reporters after visiting Chen at the Taipei Detention Center that Chen was planning to write 50 letters, including to Hu and Ma, and would compile them into a book.

Ker said Chen had written eight so far, and that in one of the them, he urged the DPP to unite and emphasized that the party¡¦s antagonist was Hu, not Ma.

Chen is suspected of money laundering, accepting bribes, forgery and embezzling NT$15 million (US$450,000) during his presidency.

He has accused the KMT administration of ¡§political persecution¡¨ and of waging a ¡§political vendetta¡¨ against him to curry favor with China.

His wife, Wu Shu-jen (§d²Q¬Ã), has been charged and is being tried.

Ker said yesterday that Chen planned to pay his respects to Liu Po-yen (¼B¬f·Ï) after he gets out.

Liu, an 80-year-old retired teacher and former long-time KMT member, set himself on fire on Nov. 11 to protest actions by the KMT administration, including the government¡¦s handling of anti-China protesters when Association for Relations Across the Taiwan Strait Chairman Chen Yunlin (³¯¶³ªL) visited Taipei.

Ker visited the former president with Chen¡¦s son, Chen Chih-chung (³¯­P¤¤), and daughter-in-law, Huang Jui-ching (¶ÀºÍè°), both of whom have been indicted for corruption and money laundering in connection with the case.

The couple filed a document to prosecutors last month saying they would like to clear up any misunderstanding about the source of the NT$570 million (US$17 million) in the pair¡¦s overseas bank accounts and help prosecutors have the money transferred to Taiwan.

Wu¡¦s lawyer, Lee Sheng-hsiung (§õ³Ó¶¯), also visited the detention center yesterday and asked Chen Chih-chung to take two books to the former president.

Lee said Wu wanted to visit her husband, but could not because of her poor health.
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