The trial of former president Chen Shui-bian (陳水扁) was a test of Taiwan’s young democracy — and the country received just average marks, observers say.
The Taipei District Court on Friday found 58-year-old Chen — in detention since December — guilty of embezzling state funds, laundering money, accepting bribes and committing forgery.
DOUBTS REMAIN
Questions remain over whether his life sentence was a sign of a healthy legal system or reflected serious problems with the independence of the judiciary.
“One may see a banana republic,” said Murray Rubinstein, a history professor at Baruch College who has written or edited several books on Taiwan’s history and politics. “But I remain an optimist and see it all as a painful learning curve — and this trial is just the latest step in this process.”
Chen’s sentencing marked the climax of the most controversial trial in Taiwan’s history.
The judiciary did what it was designed to in the Chen case, but could have done much better, Judicial Reform Foundation director Lin Feng-cheng (林峰正) said.
“The case shows that nobody is above the law and that even a former president can be tried under Taiwan’s judicial system, which is progress for the rule of law,” Lin said. “However, there were many problems during the investigation and trial, especially regarding Chen’s detention.”
REVENGE?
While Chen himself has called the trial against him and his wife an act of revenge carried out by political opponents for a life devoted to independence from China, some analysts have difficulties discerning an outright vendetta.
“The investigation was launched and prosecution of his wife was started while Chen was president,” said Jerome Cohen, a law professor at New York University. “He would have been indicted while president if the law had not barred prosecution of a sitting president.”
But Cohen argued that the way the court handled the case was open to criticism, citing a “disturbing” mid-trial switch of a judge.
LETTER TO MA
In a letter to President Ma Ying-jeou (馬英九) early this year, nearly 30 international academics warned that “the erosion of the judicial system” could jeopardize Chen’s right to a fair trial.
“Taiwan’s judicial system must be not only above suspicion but even above the appearance of suspicion, of partiality and political bias,” the letter said.
A prisoner serving a life sentence has the opportunity of being granted parole after spending 15 years in jail.
Chen’s next trial will be a chance for the legal system to make up for its shortcomings so far, observers say.
“One hopes the second-instance trial ... will redo the case in a way that will lead people to believe that evil has been punished in a fair and proper way,” Cohen said.
DETENTION
Legal experts have called for Chen’s release from detention so he can prepare his defense in a more unhindered manner than has been the case so far.
“The High Court should give Chen a fair chance to defend himself when he appeals the ruling, but this will be very difficult if he is still in custody,” Lin said.
The Democratic Progressive Party on Saturday said it hoped there would be no repeat of the “many flaws and disputes that violated due process during the first trial.”
ADDITIONAL REPORTING BY STAFF WRITER
The Central Weather Administration (CWA) today issued a "tsunami watch" alert after a magnitude 8.7 earthquake struck off the Kamchatka Peninsula in northeastern Russia earlier in the morning. The quake struck off the east coast of the Kamchatka Peninsula at 7:25am (Taiwan time) at a depth of about 19km, the CWA said, citing figures from the Pacific Tsunami Warning Center. The CWA's Seismological Center said preliminary assessments indicate that a tsunami could reach Taiwan's coastal areas by 1:18pm today. The CWA urged residents along the coast to stay alert and take necessary precautions as waves as high as 1m could hit the southeastern
FINAL COUNTDOWN: About 50,000 attended a pro-recall rally yesterday, while the KMT and the TPP plan to rally against the recall votes today Democracy activists, together with arts and education representatives, yesterday organized a motorcade, while thousands gathered on Ketagalan Boulevard in Taipei in the evening in support of tomorrow’s recall votes. Recall votes for 24 Chinese Nationalist Party (KMT) lawmakers and suspended Hsinchu City mayor Ann Kao (高虹安) are to be held tomorrow, while recall votes for seven other KMT lawmakers are scheduled for Aug. 23. The afternoon motorcade was led by the Spring Breeze Culture and Arts Foundation, the Tyzen Hsiao Foundation and the Friends of Lee Teng-hui Association, and was joined by delegates from the Taiwan Statebuilding Party and the Taiwan Solidarity
Instead of threatening tariffs on Taiwan-made chips, the US should try to reinforce cooperation with Taiwan on semiconductor development to take on challenges from the People’s Republic of China (PRC), a Taiwanese think tank said. The administration of US President Donald Trump has threatened to impose across-the-board import duties of 32 percent on Taiwan-made goods and levy a separate tariff on semiconductors, which Taiwan is hoping to avoid. The Research Institute for Democracy, Society, and Emerging Technology (DSET), a National Science and Technology Council think tank, said that US efforts should focus on containing China’s semiconductor rise rather than impairing Taiwan. “Without
The National Museum of Taiwan Literature is next month to hold an exhibition in Osaka, Japan, showcasing the rich and unique history of Taiwanese folklore and literature. The exhibition, which is to run from Aug. 10 to Aug. 20 at the city’s Central Public Hall, is part of the “We Taiwan” at Expo 2025 series, highlighting Taiwan’s cultural ties with the international community, National Museum of Taiwan Literature director Chen Ying-fang (陳瑩芳) said. Folklore and literature, among Taiwan’s richest cultural heritages, naturally deserve a central place in the global dialogue, Chen said. Taiwan’s folklore would be immediately apparent at the entrance of the
RSS