The Taipei High Administrative Court yesterday rejected former Taipei mayor Ko Wen-je’s (柯文哲) request to vote in today’s legislative recall election while in detention, a decision that was criticized by his Taiwan People’s Party (TPP) as suppressing Ko’s rights.
The court cited concerns over public interest, technical issues and election integrity in rejecting the request.
Ko’s attorney filed an appeal later yesterday, with the court saying it would transfer the case to the Supreme Administrative Court for review once the appeal documents are received. However, with the recall vote just a day away, it remains unclear whether the appeal can be processed in time to allow Ko to vote.
Photo: screen grab from Peggy Chen’s Facebook page
Ko, 65, has been detained since Sept. 5 last year on alleged corruption charges related to a land redevelopment case. He requested an interim ruling to allow him to vote while in custody. Ko was indicted on Dec. 26 last year, but has not yet been convicted of any charges and is currently on trial.
Ko proposed three potential voting methods: setting up a polling station at the detention center, voting by mail or being escorted to a polling site.
The administrative court rejected all three of Ko’s proposals, saying that Taiwan’s election law mandates in-person voting at a registered polling location and does not guarantee voting rights for detainees.
Ko’s lawyer had said that neither Taiwan’s election law nor its laws governing pre-trial or trial detention deny citizens their rights, including the right to vote.
The TPP, which Ko founded, condemned the administrative court’s decision, saying the judiciary and the government are ignoring international human rights standards and suppressing the political rights of detainees.
It said that international treaties call on governments to ensure all citizens, including those in detention, can vote. The party urged authorities to adopt more flexible voting mechanisms that align with global democratic norms.
The administrative court cited technical challenges in blocking Ko’s appeal, saying that the Taipei Detention Center is not authorized to manage election-related procedures. It also said that there were no legal grounds to permit voting outside officially designated polling stations without legislative changes.
As for the proposal to escort Ko to a polling station under guard, the court cited the lack of legal precedent, concerns over potential contravention of his rights and potential security risks.
Escort measures that were too stringent could infringe on Ko’s dignity, while more lenient measures could create security risks and harm the public interest, it said.
The court expressed concern that allowing Ko to vote before a final ruling on his case could undermine the election’s validity. If he were later found ineligible, the vote could be invalidated, affecting the rights of other voters and potentially requiring a re-vote.
However, the court did not clarify the legal basis for this judgement.
Ko’s wife, Peggy Chen (陳佩琪), called on TPP supporters via a post on Facebook to vote against the recalls today in support of Ko.
Taiwan cannot succumb to the forces of darkness, Chen wrote, adding that Ko’s rights as a citizen should be protected and guaranteed by the Constitution.
Ko’s petition to exercise those rights and vote today was not only for his own benefit, but also to ensure the establishment of a system that would be beneficial for Taiwan, she said.
Chen said the Democratic Progressive Party denied Ko’s petition, adding that depriving him of his right to vote reflects the party’s disrespect for constitutionally guaranteed rights and constitutes a severe infringement on citizens’ voting rights.
Ko remains in custody after a district court earlier this month ruled that he still posed a risk of colluding with codefendants or tampering with evidence.
His detention has been extended through early October.
Additional reporting by Lee Wen-hsin
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