Tuesday, March 19, 2013

The Shameless Nature of Taiwan's Judiciary

"The judicial system in Taiwan, in particular the way prosecutors and judges conduct investigations and trials, has long been used as a “shameless” tool for political persecution, of which the best example is the case of imprisoned former president Chen Shui-bian (陳水扁), activists said yesterday."

  What possible hope could an ordinary expat like myself or Zain Dean have in a Taiwan courtroom when even a former 2-term president of Taiwan can have his human and legal rights trampled on by Taiwan's judiciary to far past the point of indignation? Even worse, that in the years after being convicted  of corruption, Chen Shui-bian's (陳水扁) punishment has gone far beyond the norms of law and civility to the point that his health has seriously deteriorated and he is reported to be both physically and psychologically impaired. 
  According to the assessments of some physicians who have examined Chen, he appears well on his way to death unless he is granted some kind of medical parole or other relief so that he can be given proper medical care. Despite this, president Ma Ying Jeou's government and the judiciary continue to ignore calls from both within and outside Taiwan to respect human rights and human dignity by allowing Chen the opportunity for appropriate medical care to recover.
  According to National Taipei University professor Chen Yao-hsiang (陳耀祥), "The trial against Chen was like a trial against a war criminal, rather than a citizen." His treatment as a war criminal continues almost unabated with only a vocal minority within Taiwan speaking out on his behalf to largely deaf ears - the judiciary, the government, and the public reacting with disdain, indifference and disinterest to their former leader's perilous plight. 
  I can fully understand why Zain Dean fled when it was clear that he was going to spend up to 4 years in a Taiwan jail cell. Seeing how shamelessly and carelessly Chen was being mistreated in prison, I imagine that Dean felt he faced the prospect of even worse conditions as a much-villified foreigner found guilty of killing a Taiwanese. I can't say whether he was guilty or not, but from all I've read of his case so far he was proclaimed "guilty with no chance of innocence" from the time he was arrested. He got about as raw a deal by police, prosecutors and the court as anyone could get in even the worst human rights-abusing countries in the world. 
  I have experienced first-hand much of what former president Chen and Zain Dean faced in their cases in my own 4-year legal battles against my Taiwanese tormentors. Although my case was much less serious than theirs, the way it was manipulated, mishandled and corrupted followed a very similar pattern and MO to Chen and Dean's. As my case unfolded, I realized that if I had been accused of something more serious than just touching my accuser's waist, I likely would have been subjected to even worse mistreatment and abuses of my legal and human rights. 
  Chen Shui-bian's case notwithstanding, ordinary Taiwanese have little to no chance in Taiwan's courts of protection or justice. Foreigners in Taiwan have even less.

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