Showing posts with label China. Show all posts
Showing posts with label China. Show all posts

Saturday, February 23, 2013

Judicial Deja Vu

  As I read back through more and more news articles about the Zain Dean case, I have an overpowering sense of deja vu. The often-times inappropriate, prejudicial and heavy-handed ways Dean's case was handled by the courts, the prosecutor's office, the media, plus the Taiwan public's insatiable appetite to see a foreigner convicted and jailed, has been reminiscent of the way my own case was little more than exercise in style over substance - a comical show put on to give the appearance of due process and true justice that in reality are nearly as elusive in Taiwan as they are in it's close neighbor China.
 On paper and in it's propaganda, Taiwan's judiciary professes to adhere to due process and the Rule of Law, but in practice due process is subservient to the personal views, biases, connections and loyalty to certain patrons of too many judges. If you've ever spent enough time in a Taiwan court (or prosecutor's room), Rule of Law in actuality is Rule of the Judge-God - omnipotent, all-powerful, beyond all reproach...an additional adversary to overcome in an innocent person's quest for appropriate justice. 
  Although I was the plaintiff in my case against the National Taipei University of Nursing and Health Sciences, the succession of judges in Taipei District Court treated me virtually the same way Zain Dean alleges he was treated as the defendant in his vehicular murder case. The similarities and parallels in how our cases were (mis)handled and manipulated by the courts and other involved parties are numerous and indicative of a long-running and endemic deficiency in Taiwan's judiciary, particularly when cases involve foreign nationals.   
  As evidenced by the Zain Dean case, a very bad beat continues to go on with no positive change in sight. Taiwan's judiciary has many flaws that have been debated for years by critics and the government alike, but very little tangible improvement has been seen. In fact, it appears that the situation may be growing worse and the future looks bleak especially for any expat in Taiwan unfortunate enough to become involved in a legal case. 
  Here is another recent article about the Zain Dean case and a Taiwan TV news story in which Dean again proclaims his innocence:

  Girlfriend of UK fugitive detained
  Zain Dean calls reporters to proclaim his innocence

Tuesday, November 29, 2011

The Hypocrisy And The Audacity (Of Taiwan's Government)

  The Taiwan government's hypocrisy and double standards on the law, due process and human rights was on full display earlier this month in a transnational case involving a Taiwanese diplomat based in the U.S. accused of abusing her domestic worker and violating human trafficking laws among other things. 
  Apparently, the Taiwan government believes that Taiwan is the only place in the world where  everything is "done according to the law" and no one should question or challenge the actions and decisions of the authorities and judiciary. As well, in it's reaction to the arrest and detention of the diplomat, the Taiwan government showed it's nearly complete disregard for the issue of others' human rights, instead playing it's very popular "sovereignty card", whining incessantly that the case somehow involved China and disregard for Taiwan's sovereignty . 
  And in a farcical attempt to try and help Liu escape U.S. due process and law, the Taiwan government insisted for days that she was protected by diplomatic immunity in part because her alleged criminal misconduct was performed while on official duty. In perhaps the ultimate act of hypocrisy, Taiwan's Ministry of Foreign Affairs even protested that diplomat Liu's "human rights were violated" in her arrest. What sheer audacity!
  No one in Taiwan's government, certainly no one in the judiciary, not even any of my lawyers from the Legal Aid Farce concerned themselves with my human rights as they were continually violated by undue process and selective application of or disregard for various laws and regulations. Trying to point out the various violations of my legal and human rights was like speaking in a foreign language to these people. Some even took the attitude that just by the mere existence of my case in the court and my having a lawyer provided by the LAF my legal and human rights were being safeguarded and protected. What a crock! Human rights are little more than empty words and a HUGE sham perpetuated by successive governments on the island. 
  Read this editorial for some interesting insight from the Taiwanese author on the Liu case and how it exposes the hypocrisy and truth of human rights in Taiwan: Human Rights Treated As a Slogan
  Here are a few of the many stories I came across as I followed developments in Liu's arrest and subsequent guilty plea:

Taiwanese Diplomat May Wait in Prison for Months

02/09/12 Update: I've started a new blog entitled Giving Up a Life's Worth of Music, Movies and More For My Kids' Future