Taiwan's Judiciary: Corrupt & Selectively Cruel & Inhumane

  Some of you may be thinking that Zain Dean and I are just a couple of exceptions to what Taiwan's government likes to trumpet as a fair, impartial and just legal system. Nothing could be further from the truth of what really goes on in the island's legal sphere. Increasingly, egregious violations of defendants' legal and human rights are reported in Taiwan's media without any repercussions for those involved and without any tangible action by the government to rectify the situation.
  In a Feb. 21, 2013, Taipei Times editorial squarely aimed at both the judiciary and Taiwan president Ma Ying Jeou, the paper calls to task the government's lip service to "democratic values" and "protection of human rights." In a particularly pointed assessment of Ma's true regard for human rights, the editorial states:

 "Ma’s lack of humanity and respect for his predecessor has led some to wonder whether he truly keeps the meaning of “human rights” close to his heart and grasps the meaning embodied in the contents of the two international human rights covenants he has signed."

  You can read the full editorial here: The abuse of Chen's human rights 

  In fact, the only exceptions we may be are that we are two of very few expats (or Taiwanese) who dare to speak out publicly about the legal and human rights violations we have suffered at the hands of the island's nefarious judiciary. The extensive and long-running abuses that have plagued prosecutor's offices, the courts, and the police are regularly reported in Taiwan's news media and on some Taiwan and international websites.    
  However, little to nothing of any significance has been done by the government to remedy the myriad problems of corruption, cronyism, impartiality, ineptitude and ..... Equally shocking is that the public in Taiwan has largely remained passive for decades in demanding the necessary changes that would would protect them.
  Taiwan needs a lot more of this kind of voice, a Taipei Times reader who recently shared her dissatisfaction and disgust about Taiwan's lack of judicial integrity and it's shameful handling of former president Chen Shui-bian's corruption trials and corresponding inhumane and ill treatment he has suffered in jail for many years:

Tue, Mar 05, 2013  

[LETTER]

A-bian’s trials a disgrace

One of the hottest political topics surrounding the news media in Taiwan nowadays is whether former president Chen Shui-bian (陳水扁) should be given medical parole from prison on the grounds of his failing health.

The fervor has been accentuated by a short video recently released by a member of the Control Yuan. In the video, we see a man walking with difficulty, handicapped, stuttering and with other debilitated motor skills.

We cannot believe this was once a two-term president of Taiwan, who was willing to say and do things that pissed off a former president of the US, and won himself notoriety as a troublemaker and other expletives unfit to be published.

The irony about Chen Shui-bian’s legal battle is that it would have been thrown out of court and ended long ago when Chen was still healthy had it occured in the US.

Of all the dirty maneuverings, either covert or overt, conducted by members of the Supreme Prosecutors’ Office Special Investigation Division throughout the trials concerning Chen and the subsequent charges of corruption and graft, none is as nefarious as coaching some of the key witnesses to perjure themselves to secure a conviction.

During one of the trial proceedings, President Ma Ying-jeou (馬英九) overtly sought to influence the judges in charge by telling them that rendering a verdict in favor of Chen would conflict with the public’s expectations.

This shocking and unabashed disfranchising of judicial integrity in Taiwan has totally eroded the people’s confidence in its judicial system.

A rotten to the core judicial infrastructure, which can be manipulated at will, undoubtedly alarmed the British man [Zain Dean] who recently ruffled legal feathers in Taiwan by escaping the clutches of the judiciary by illegal means.

Such is the disgraceful state of the judicial system in Taiwan and there is not much hope of Chen being granted medical parole when the president himself, a graduate of Harvard Law School, takes the lead in making law and order a travesty.

Yang Chunhui
Utah

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

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:

Taiwan Diplomat in Kansas USA Arrested by FBI for Abusing Philippine Housekeeper, Embarrassing President Ma's Government 

Talk of The Day -- Taiwan-U.S. ties Tested by Diplomat's Arrest 

Details of Envoy’s US Arrest Emerge 

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