Wed, Sep 13, 2000 page8

• Editorial: Intelligence roles need clarifying

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  Amid all the talk of a "green terror" it is wise to remember one thing: the Investigators Reform Association, which wants to get the Ministry of Justice Investigation Bureau (MJIB) out of the business of spying on political parties is not a bunch of committed liberal reformers. Most MJIB members support James Soong (宋楚瑜), the KMT's erstwhile chief thug, whose brief it was in the ugly final years of martial law to destroy the opposition by fair means or, more usually, foul. Having spent most of their careers as willing tools of KMT hegemony, the investigators are now alarmed that the tools they wielded so viciously against the loathed DPP might be turned upon their political favorites.

  The investigators' protests have been echoed as Soong's People First Party and the KMT's Ma Ying-jeou (馬英九) also delivered high-decibel diatribes about secret police oppression. Their motives aside, the political parties may have ushered in an opportunity for reform of Taiwan's intelligence agencies.

  One basic principle in a democracy is that people in power should not use government intelligence units to suppress domestic dissent.

  Taiwan's intelligence units, which include the National Security Bureau (NSB), the MJIB, the Coast Guard Administration, the Military Police Command, the National Police Administration, and the military intelligence unit under the Ministry of National Defense, suffer from two defects. First, their missions are confused with those of law enforcement officials. Second, they are not politically neutral. Among these numerous and complex institutions, the NSB is the lead coordinator and supervisor of intelligence work. The MJIB is only an executor of NSB missions. As a criminal investigation unit, the MJIB has the power to monitor, detain and arrest people. But it also works as a political surveillance unit, collecting intelligence on domestic political issues. This confusion of law-enforcement and intelligence missions results in a situation where intelligence-gathering can easily become criminal investigation. This makes the MJIB a possible instrument of oppression to be feared.

  We have seen many a struggle between justice ministers and NSB director-generals to wrest control of the MJIB. Usually, the NSB came out the winner because of its close relations with the president.

  The current justice minister, Chen Ding-nan (陳定南), also tried to separate the intelligence and law-enforcement units under the MJIB. But President Chen Shui-bian (陳水扁) did not support his plan.

  Taiwan's bitter post-war history contains numerous examples of the government using intelligence agencies to suppress opposition movements. Infiltration, illegal phone tapping and other similar activities have turned Taiwan's intelligence agencies into a bunch of dirty-job specialists. Part of the erstwhile ruling class, both the KMT and the PFP are well aware of the power of these agencies. Which is of course why they are so worried about it.

  While the motivations behind the recent "green terror" row may not be what they seem, reforming the intelligence agencies is an important priority for the government. First of all, the MJIB's role should be clearly defined; its criminal investigation and intelligence-gathering missions should be separated. The MJIB's duties should also be clearly differentiated from those of the Criminal Investigation Bureau.

  The fact that the president has direct control over intelligence units -- without any checks and balances from other organs of state -- is incompatible with democratic principles. There should be a committee in the legislature to oversee their policies and budgets. A mechanism should also be set up to allow systematic declassification of intelligence documents, so that the work of intelligence agents can be brought to light over time. Multi-faceted supervision is the only way to prevent past abuses recurring.
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