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The Unfair Treatment Suffered by Former Democratic Progressive Party government officials in Judicial Investigations and Trials

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					The Unfair Treatment Suffered by Former
Democratic Progressive Party government
officials in Judicial Investigations and
Trials

By Committee on Policy Research and
Coordination
Democratic Progressive Party
Taipei, TAIWAN

Introduction

The scope of the concept of ``judicial``
contained in this report comprises, in
addition to the commonly understood court
system, prosecutors` offices and the Ministry
of Justice Investigation Bureau (MJIB).
During the process of Taiwan`s
democratization after five decades of
``hard`` or ``soft`` authoritarianism under
Chinese Nationalist Party (Kuomintang or KMT)
rule, there have been two transfers of power
between political parties from the KMT (after
ruling Taiwan for nearly 55 years) to the DPP
in May 2000 and back to the KMT in May 2008.

  During the previous period of governance by
the Democratic Progressive Party from May
2000 to May 2008, judicial reforms were
limited to the superficial organizational
adjustments. Deeper and more significant
aspects, such as enhancing the quality of
judicial personnel and education and training,
were barely touched during the re-
examinations of our justice system. Moreover,
the failure of the DPP to thoroughly realize
transitional justice during its eight years
in government aggravated the lack of
independence in the overall operation of the
                      1
judicial system. Personnel in the judicial
system have not changed their concepts or
mentalities in step with changing times and
the entire judicial system continues to be
plagued by a worrying lack of understanding
of democratic principles and values. This
shortcoming is manifested in the double
standards and lack of respect of fundamental
human rights commonly displayed by
prosecutors, police, investigators and judges
in the judicial process as well as the lack
of effective external monitoring or balancing
mechanisms.

  Even if a portion of the personnel in the
judiciary are aware of the importance of the
independence of judicial judgments and
endeavor to enhance their professionalism,
they still often lack sufficient
understanding of social realities due to the
structural factors that have impeded
democratization of the justice system. Even
though there have been transfers of political
power at the executive level, the concept of
``judicial independence`` remains a mere
slogan. Indeed, the use of this term as a
tool for persons who cooperate in attacks
upon dissidents has made it even more
difficult to upgrade the quality of judgments
or to build confidence among citizens in the
credibility of the judiciary and has thus
perpetuated a vicious downward spiral.

  In fact, the lack of fairness of the
judiciary has generated severe privations and
lasting pain in the hearts of persons who
have been directly impacted by its operation.
If this is the case faced by ordinary people,
then there is little need to add any
                      2
description of the feelings of our DPP
members who served or are serving in
Government, many of whom have suffered the
loss of their reputations and political
futures and even imprisonment. Such cases,
even if they finally are found to be innocent,
will be shadowed by these experiences for the
rest of their lives.

  Indeed, with regard to all the persons cited
as defendants in criminal cases, prosecutors
and MJIB investigators have manifested marked
prejudice toward politicians. The most
commonly seen example is the fact that the
principle of ``confidentiality of
investigations`` has became a dead letter as
numerous details of the investigations of
cases under prosecution have been
continuously leaked to the public. In
addition, investigative methods adopted by
prosecutors and investigations have
recurrently transgressed the principle of
proportionality. Examples include the use of
intense pressure or intimidation on persons
to turn state witness (even to the extent of
inciting state witnesses to commit perjury as
a condition for a plea bargain). There should
be little surprise that cases constructed
through the use of inconceivable and
unsupportable judicial procedures have
frequently ended in acquittals once they are
put to the test of rigorous examination of
evidence by competent judges. In the light of
such cases, it is natural for ordinary people
in our society to sense a yawning gap between
their expectations for justice and the actual
operation of the judicial system and to feel
even less confidence in the operation of the
justice system.
                      3
  Generally speaking, prosecution offices and
the MJIB are the agencies that launch
investigations. Therefore, this report will
primarily focus on major cases in which DPP
members have been subjected to arbitrary
investigations launched by prosecutors or the
MJIB or indicted in abuses of prosecutorial
powers. This report will list numerous cases
in which DPP members who served or are
serving in government have been subjected to
unfair and unjust treatment at the hands of
the judiciary and provide brief explanations.

  In order to distinguish between
``objective`` unfair treatment or
``subjective`` prejudice, we have divided the
cases into three types as follows:

* Type I refers to judicial cases involving
DPP members who held government positions in
which they have already been acquitted, not
indicted or not indicted with the
investigation closed;

* Type II refers to cases in which DPP
members who held government positions were
subjected to unfair judicial treatment and
which have already entered and have not yet
completed the trial process but in which the
most recent judgment remains ``not guilty``;
and,

* Type III which refers to cases in which
prosecutors and investigators obviously
transgressed the principle of proportionality
or displayed other forms of bias.


                      4
Type I: Cases Featuring Acquittals or Closure
        without Indictments

  This section includes judicial cases in
which DPP members who served in government
were subjected to investigations or were
indicted and simultaneously subjected to
large-scale attacks by certain media linked
with the KMT that sparked misunderstandings
in public opinion. The persons subjected to
such campaigns, even if they finally were
judged to be innocent, have yet to be truly
cleared in the eyes of the public. Among
these cases are examples in which the courts
have issued final judgments of innocence.
These include the cases of former National
Science Council vice chairman Shieh Ching-jyh
in the Taiwan High-Speed Railway System
Vibration Control Contract case, former
Nantou County mayor Peng Pai-hsien who
received a ``not guilty`` verdict after 10
years of legal battles over corruption
charges, former presidential secretary-
general Chiou I-jen who was finally confirmed
to be ``not guilty`` in the so-called
``Stabilize Asia`` (An-Ya) case and in the
so-called Papua New Guinea diplomatic scandal
case, and former DPP secretary-general Wu
Nai-jen in a case regarding alleged
``gangster entertainment expenses.``

  In addition, there were cases in which
prosecutors did not issue indictments after
allegations were made or after extended
investigations launched against DPP
government official, such as in the
allegations made against former DPP
chairwoman and presidential candidate Tsai
Ing-wen of malfeasance in the so-called Yu-
                      5
Chang (TaiMed Biologics, TMD) case that
affected the course of the January 2012
presidential election and the ``Taiwan Goal``
case involving former DPP secretary-general
Wu Nai-jen.

* The following descriptions, updated to
January 13, 2013, will include the name of
the concerned DPP members, the position or
assignments they held in government, the
nature of their alleged crimes and the past
and present situation.

(1) Peng Pai-hsien

Former Nantou County commissioner (mayor)

After a 7.6 magnitude temblor hit central
Taiwan on September 21, 1999, Nantou County
commissioner Peng Pai-hsien was charged with
corruption and improperly benefiting other
persons with relation to the construction of
a temporary office building for the Hushan
Farm, agricultural roads, furniture and
equipment and other alleged misappropriations
of earthquake relief funds related to
earthquake recovery. Prosecutors indicted
Peng for corruption and asked for a sentence
of 20 years.


* From investigation through the final trial,
this case took a total of 11 years to be
resolved. During this time, Peng was detained
for a total of 61 days. He was found ``not
guilty`` on the corruption charges by the
Taiwan High Court on November 25, 2004. [FN1]
* On July 28, 2011, the Taiwan Supreme Court
finalized a ``not guilty`` judgment. [FN2]
                      6
(2) Su Huan-chih

Former Tainan County commissioner (case
erupted during last week before completion of
second four - year term and the first week
after his term ended)

Southern Taiwan Science-Based Industrial Park
Special Zones F and G Development Case

* On December 17, 2010, prosecutors without
any warning launched a major search of the
official residence and office of Tainan
County Commissioner Su Huan-chih and the
offices of related bureaus in the Tainan
County government. [FN3]
* Tainan District prosecutors and MJIB
investigators divided into five groups to
carry out the searches and Su was detained by
prosecutors for questioning. However,
prosecutors took no further action and did
not issue any indictments.


(3) Hsu Tain-tsair

Former Tainan City mayor

Suspected of permitting NT$210 million in
benefits to businesses in the ``Tainan City
Hai-an Road Underground Mall`` project

* On April 10, 2007, the Tainan District
Prosecutors Office indicted Hsu, along with
nine other persons, for corruption, graft,
favoritism and forgery and other violations
under the Government Procurement Act and
                      7
asked for a 12 - year sentence for the then
serving mayor. [FN4]
* On August 24, 2009, the Tainan District
Court found Hsu not guilty of all charges,
but prosecutors filed an appeal on September
19.
* On August 12, 2011, the Taiwan High Court
upheld the lower court ruling and confirmed
the non-guilty verdicts for the entire
case.[FN5]


(4) Chiou I-jen

Former National Security Council secretary-
general

Chiou was accused of embezzling US$500,000 in
the so-called ``Stabilize Asia`` (An-Ya)
diplomatic initiative case and was indicted
for using his official position to defraud
the government under the Anti-Corruption Act
by the Special Investigation Division (SID of
the Supreme Prosecutors Office.

* Beginning on October 31, 2008, Chiou was
detained by the SID incommunicado for 51 days
and subjected to having his hair cut as a
convict and other demeaning treatment by
guards in the detention center.
* On August 30, 2011, the Taipei District
Court issued a ``non-guilty`` verdict.
* On June 20, 2012, the Taiwan High Court
also found Chiou non-guilty and thus
confirmed his innocence as prosecutors
decided on December 25, 2012 not to file a
second appeal. [FN6]


                      8
* Chiou may be able to receive over
NT$250,000 in compensation for his wrongful
imprisonment.


(5) Michael Kau Ying-mao

Former deputy foreign minister

Kau was accused of embezzling US$500,000 in
the so-called ``Stabilize Asia`` (An-Ya)
diplomatic initiative case and was suspected
of using his official position for extortion
under the Anti-Corruption Act and defrauding
the government.

* On August 30, 2011, the Taipei District
Court issued a ``non-guilty`` verdict.
* On June 20, 2012, the Taiwan High Court
also found Kau non-guilty (under the Criminal
Speedy Trial Act, this judgement was
equivalent to a final not guilty verdict).
[FN7]


(6) Shieh Ching-jyh

Former National Science Council deputy
chairman

Southern Taiwan Science-Based Industrial Park
Taiwan High-Speed Railway Vibration Control
case

* Prosecutors indicted Shieh on corruption
charges and detained him for 59 days for
interrogation in December 2006. [FN8]
* The Tainan District Court and the Taiwan
High Court acquitted Shieh in the first and
                      9
second level trials, but the case was
returned to the High Court for retrial upon
appeal by prosecutors.
* On August 4, 2012, Shieh`s case ended with
acquittal after he was again found not guilty
in the first retrial and prosecutors decided
against further appeals. [FN9]


(7) Shih Shou-chien
    Lin Po-ting

Former National Palace Museum director
Former NPM deputy director

* Accused in 2007 of corruption in renovation
projects for the National Palace Museum
* In the NPM Southern Branch Procurement
Bidding Case, five persons, including Shih
and Lin, were accused of illegally revising
the criteria for the contract bids to favor
certain companies and leaking the bid price.
After other bidders appealed to the Public
Construction Commission of the Executive Yuan,
PCC commissioners annulled the tender, thus
causing the NPM to be sued by the companies
who won the bid and costing the museum NT$390
billion in losses.

* The Taipei Shih-lin District Prosecutors
Office asked for a 15-year sentence for Shih,
but the trial concluded on April 30, 2009
with Shih`s acquittal.
* The Taipei Shih-lin District Prosecutors
Office completed investigation of the NPM
Southern Branch case on August 25, 2009 and
indicted Shih, Lin and other persons on
corruption and other charges and asked for
heavy sentences.
                      10
* On September 1, 2009, the Shihlin District
Court found Shih, Lin and the other
defendants not guilty in their first trial.
* On November 29, 2011, the Taiwan High Court
found Shih, Lin and other defendants not
guilty in their second-level trial for the
NPM Expansion case.
* On September 20, 2012, the Taiwan High
Court again issued not guilty verdicts for
Shih, Lin and the other three defendants in
the NPM Southern Branch case. [FN10]


(8) Lin Ling-san

Former minister of transportation and
communications

Suspected of illegally revising procurement
bid conditions for the ETC (electronic toll
collection) system

On September 3, 2010, the Taipei District
Prosecutors Office ended the case and decided
not to issue an indictment.


(9) Annette Lu Hsiu-lien

Former vice president

State affairs fund case

* Indicted for corruption for using
fraudulent receipts to claim state affairs
funds on September 21, 2007 by Supreme
Prosecutor's Office.
* Acquitted on July 2, 2012 by Taipei
District Court.[FN11]
                        11
(10) Yu Shyi-kun

DPP senior advisor
Former DPP chairman
Former presidential secretary-general
Former premier

State Affairs Fund case: Yu`s spouse Yang
Pao-yu, his secretary and bodyguard were
suspected of collecting a total of 516
receipts from other persons and claimed
compensation from the state affairs fund for
over NT$238,000. Yu was suspected of forging
official documents and extortion under the
Anti-Corruption Act.


* Indicted for corruption for using
fraudulent receipts to claim state affairs
funds on September 21, 2007 by Supreme
Prosecutor's Office.
* Acquitted on July 2, 2012 by Taipei
District Court. [FN12]


(11) Frank Hsieh Chang-ting

Former premier
Former DPP chairman
DPP presidential nominee in 2008 election

The chairperson of the management committee
of the Yu Huang Temple in Kaohsiung City
rented city - owned land in order to purchase
land; Due to a complaint by an anonymous
informant, Kaohsiung District Prosecutors
launched an investigation and then filed
                      12
charges against Hsieh on suspicion of
violating the Anti-Corruption Act in a case
that has lasted over 10 years. [FN13]

* On August 13, 2012, the Kaohsiung District
Prosecutors Office quietly closed the case
without indicting Hsieh, but the case
inflicted major damage to by dragging on
without resolution for over a decade.


(12) Mark Chen Tang-shan

Former presidential secretary-general

Special Executive Allowance Fund case

* Indicted by Supreme Prosecutors Office's
Special Investigation Division for corruption
and forgery on September 21, 2007 in the
Special Executive Allowance Funds Case [FN14]
* On November 29, 2011, the Taipei District
Court dropped the charges against Chen. [FN15]


(13) Tu Cheng-sheng

Former minister of education
Former National Palace Museum director

Special Executive Allowance Case

* Taipei District Court dropped charges
against Tu Cheng-sheng on November 29, 2011.
* Two of Tu`s secretaries in the Education
Ministry, Ms Chen Hsiang-cheng and Kuo Hsiu-
hsia, were convicted and given light
sentences of one year and four months and two
years, respectively, which are being appealed.
                      13
[FN16]


(14) Lee Yi-yang

Former interior minister

Special Executive Allowance Case

* On November 29, 2011, the Taipei District
Court dropped the charges against Lee.


(15) Shih Mao-lin

Former justice minister

Special Executive Allowance Case

* On November 29, 2011, the Taipei District
Court dropped the charges against Shih.


(16) Chu Wu-hsian

Former Central Personnel Administration
director-general

Special Executive Allowance Case

* On November 29, 2011, the Taipei District
Court dropped the charges against Chu.




                      14
(17) Hsu Yang-ming

Former Tainan City deputy mayor

Special Executive Allowance Case: Indicted
under Article 5, Section 1, Paragraph 2 of
the Anti-Corruption Act for withholding
public funds without authorization with an
intent to profit.

* Indicted on March 12, 2007
* Acquittal confirmed on November 4, 2010
[FN17]


(18) Wu Li-pei

Former senior presidential policy advisor

Suspected of ``money laundering`` in
connection with the State Funds Case and
Lungtan Land Procurement Cases of former
president Chen Shui-bian

Taipei District Court found that Wu Li-pei
had no criminal intention and issued a not
guilty verdict in the second financial reform
case on November 3, 2011 and SID prosecutors
decided not to appeal the ruling.


(19) Chen Che-nan

Former deputy presidential secretary-general

(a) Suspected of providing benefits for the
Huapan Co. in the brokerage and management of
Thai foreign workers in the Kaohsiung Rapid
Transit Corporation (KRTCsystem construction
                      15
project.

* Judged to be not guilty in first and
second-level trials.
* On February 25, 2009, the Kaohsiung Branch
of the Taiwan High Prosecutors Office
maintained that the second trial verdict did
not violate existing laws and decided not to
appeal its verdict, thus closing the case.
[FN18]

(b) SOGO Financial Assistance Case

* The Taipei District Prosecutors Office
closed the case due to lack of evidence.

(c) Chen You-hao campaign funds case

* The Taipei District Prosecutors Office
closed the case due to lack of evidence.
[FN19]


(20) Chou Li-liang

Former Kaohsiung Mass Rapid Transit Bureau
director-general

* Kaohsiung Mass Rapid Transit System Bureau
corruption case: Prosecutors accused
Kaohsiung Rapid Transit Co (KRTCO) vice
chairman Chen Min-hsien, KMRTB Director Chou
Li-liang and KRTCO President Lai Hsien-yu of




                      16
accepting bribes and ``hospitality,`` leaking
the bottom-line bid price in violation of the
Government Procurement Act and favoritism.
* On May 23, 2006, the Kaohsiung District
Court issued a verdict of not guilty to Chou
Li-liang in his first - level trial.
* On July 31, 2007, Chen, Lai and Chou
received ``not guilty`` verdicts in their
second trial by High Court judges based on a
statement by the Public Construction
Commission that the six projects concerned in
the indictment did not come under the
jurisdiction of the Government Procurement
Law.
* On July 5, 2012, the Taiwan Supreme Court
confirmed the verdict of ``not guilty`` for
Chou Li-liang. [FN20]


(21) Huang Wei-cher

Legislator (Tainan County)

Kunling Mountain Cemetery Development Case:
Prosecutors indicted Huang for accepting NT$3
million in bribes from developers through his
legislative assistant in 2006-2007.

* On December 30, 2010, the Tainan District
Court accepted the testimony of Huang and his
assistant that the payments had been campaign
contributions and issued verdicts of not
guilty.
* On September 22, 2011, the Tainan Branch of
the Taiwan High Court rejected the appeal of
prosecutors to a district court verdict of
``not guilty`` based on its determination
that Huang Wei-cheh had received a
contribution but that it was a campaign
                      17
contribution and therefore could not be
considered a bribe. Due to the provisions of
the Criminal Speedy Trial Act, Huang`s ``not
guilty`` verdict was thereby confirmed as he
had been acquitted in both the first and
second - level trial proceedings.


(22) Tsai Ing-wen

Former deputy premier
Former DPP chairwoman
DPP presidential nominee in January 2012
election

Beginning in November 2011, then Council for
Economic Planning and Development chairwoman
Christina Liu Yi-ju held a series of news
conferences regarding the process of the
creation of Yu Chang Biologics Co (now known
as TaiMed Biologics Inc) in which she openly
charged that the process of the biotechnology
company had been illegal, transgressed
provisions for the avoidance of conflict of
interest by senior government officials and
contained a ``revolving door`` provision and
contained doubts of corruption and turned
over documentation as evidence to prosecutors.
Tsai had been vice premier when the company
was founded and later became its chairman, a
post which she quit upon becoming DPP
chairwoman in May 2008.
  In the wake of Liu`s statements, numerous
KMT politicians, including then premier and
KMT vice presidential candidate Wu Den-yi,
his spouse Tsai Ling-yi and then KMT
legislator Chiu Yi openly accused Tsai of
lining her own pockets and profiteering for
herself and family members in the process of
                      18
investing and divesting in the company.

* On August 15, 2012, the Special
Investigation Division (SID) of the Supreme
Prosecutors Office completed its
investigation of the case and decided not to
indict Tsai Ing-wen, former CEPD chairwoman
Ho Mei-yueh and Harvard University Professor
Chen Lan-bo. However, former CEPD chairman Hu
Cheng-sheng was separately indicted by Taipei
District prosecutors on suspicion of having
violated ``anti-revolving door`` regulations.
[FN21]

* However, suits filed by the DPP that Wu
Den-yi, Christine Liu and other KMT
politicians had violated the Election and
Recall Act by falsifying documents and using
illegal means to try to prevent a person from
being elected were also closed by the SID the
same day.


(23) Wu Nai-jen

Former board chairman of Taiwan Sugar Co
Former Taiwan Stock Exchange Corp chairman
Former DPP secretary-general

(a) Fraudulent use of public funds through
false claims against receipts for official
entertaining expenditures
* On June 13, 2012, the Taipei District Court
found Wu ``not guilty.``
* On September 4, 2012, the Taiwan High Court
rejected an appeal filed by prosecutors and
thus confirmed Wu`s ``not guilty`` verdict.

(b) Taiwan Goal case: Wu Nai-jen was accused
                      19
of violating the Company Act by failing to
truthfully report shareholdings and referred
to the Taipei District Prosecutors` Office
for investigation

* On December 25, 2008, Senior Prosecutor
Chung Chun-jen closed the investigation and
decided not to indict Wu Nai-jen on the
grounds that Taiwan Goal had already accepted
sufficient initial capitalization of NT$80
million and had not violated the stipulations
of the Company Act. [FN22]

(24) Wu Ming-min

Former legislator


In 2007, after accepting the sponsorship of
the ``Taiwan Organic Alliance,`` Wu was
accused of using his powers as legislator to
lobby and put pressure on the Forestry Bureau
of the Council of Agriculture.

* On December 23, 2008, Wu was indicted under
the Anti-Corruption Act.
* On August 31, 2010, the Nantou District
Court issued a verdict of ``not guilty`` in
the first - level trial.
* On January 31, 2011, the Taichung Branch of
the High Court rejected an appeal by Nantou
District prosecutors and upheld the ``not
guilty`` verdict.
* On February 9, 2012, the Taiwan Supreme
Court rejected an appeal by prosecutors and
confirmed the ``not guilty`` verdict.
[FN23]


                      20
(26) Su Chih-fen

Yunlin County Commissioner


Indicted in Wakema Environmental Technology
bribery case and Yunlin Chang Gung Memorial
Hospital Main Building Expansion bribery case

* Prosecutors and investigators surrounded
and searched Yunlin County Commissioner Su
Chih-fen`s official residence at 6 am on the
morning of November 4, 2008 and placed Su
under arrest. Su used the methods of refusing
to post bail and a hunger strike for over 250
hours to protest the action and was finally
released.

* On November 14, 2008, Yunlin District
prosecutors indicted Su Chih-fen on bribery
charges and asked for a 15-year sentence and
deprivation of political rights for eight
years. [FN24]
* On April 29, 2011, Su was acquitted in the
first trial on the grounds that she had
refused to accept the bribe and therefore had
no intention of being bribed. [FN25]
* On August 31, 2012, the High Court
confirmed the verdict of ``not guilty`` for
Su in the appellate trial.
* On January 10, 2013, the Supreme Court
rejected the appeal of the prosecutors and
confirmed the ``not guilty`` verdict for Su
Chi-fen.



TYPE II: Cases so far Judged `Not Guilty`

                      21
This section includes cases in which DPP
members serving in government have been
subjected to unfair treatment by the
judiciary, but whose cases have either
entered the trial process or have not yet
been finalized but whose most recent verdict
remains ``not guilty.`` These cases include
the Wakema Environmental Technology and the
Yunlin Chang Gung Memorial Hospital Main
Building Expansion bribery cases in which
Yunlin County Commissioner Ms Su Chih-fen was
indicted and the National Chinese Herbal
Apothecary Association bribery scandal in
which former DPP legislators Lee Chun-yi and
Jao Yung-ching were indicted. In these cases,
the most recent verdicts have been ``not
guilty`` but since they have not been
finalized, they remain classified as ``Type
II.`` If prosecutors decide not to file
appeals, they will be transferred into ``Type
I`` upon confirmation of their ``not guilty``
judgments.

* The following descriptions, updated to
January 13, 2013, will include the name of
the concerned DPP members, the position or
assignments they held in government, the
nature of their alleged crimes and the past
and present situation.


(27) Chen Shui-bian

Former president

(a) State Affairs Fund corruption case

* On August 26, 2011, the Taiwan High Court
reversed the lower court ruling and judged
                      22
Chen ``not guilty`` of the charges in the
corruption portion of the State Affairs Fund
case. [FN26]

(b) Second Phrase Financial Reform case

* On November 5, 2010, the Taipei District
Court issued ``not guilty`` verdicts for Chen
Shui-bian and 20 other defendants. [FN27]


(c) Suspicion of embezzlement of US$330,000
in secret diplomatic funds

* On April 28, 2011, the Taiwan Supreme Court
issued a ``not guilty`` verdict for Chen
Shui-bian in the case of embezzlement of
US$330,000 in secret diplomatic funds. [FN28]

(d) Suspicion of inciting others to give
false testimony before the exposure of the
State Affairs Fund scandal

* On August 17, 2012, the Taiwan High Court
reversed the conviction and a two-month
sentence given to Chen by the Taipei District
Court in July 2011 and judged the former
president to be ``not guilty.`` [FN29]
Upon appeal by prosecutors, on December 14,
2012, the Supreme Court vacated the High
Court ruling and remanded the case to the
High Court. [FN30]


(28) Chen Che-nan

Former deputy presidential secretary-general

Accused of using his official status to
                      23
receive inside information and use the
accounts of Kao Shen-shen and other persons
to manipulate and engage in speculation on
Chihkan Technology Co and 25 other stocks.

* On July 7, 2006, Taipei District
prosecutors indicted Chen Che-nan for
violating the Securities and Exchange Act for
one count of insider trading and asked for a
sentence of four years imprisonment.

* On December 13, 2006, the Taipei District
Court issued a ``not guilty`` verdict to Chen
Che-nan on the insider trading charge,
although he was convicted and given a 12-year
sentence for taking bribes in the same
proceedings. [FN31]

(29) Hsu Hsiang-kun

Former Taiwan Water Co chairman
Hsu, along with several other individuals,
was alleged to have accepted NT$15 million in
bribes and kick-backs from contractors of
major construction projects carried out by
the Taiwan Water Co beginning in 2006,
including the ``Mutan Project`` in Pingtung
County, the ``Tagangshan Project`` in
Kaohsiung County, the ``Nanhua Project`` in
Tainan County and the ``Penghu Project`` in
Penghu County. Hsu was also alleged to have
used his official powers to require TWC
subordinates to collude with him in
soliciting bribes or leak information on the
bottom -line price for construction bids to
certain companies. [FN32]

* The Kaohsiung District Prosecutors` Office
indicted Hsu on July 4, 2008 on charges of
                      24
corruption, breach of trust and leaking
secrets. [FN33]

* On August 30, 2010, the Kaohsiung District
Court issued a verdict of ``not guilty`` in
the first - level trial. [FN34]

(30) Lin Shang-kai

Former Kaohsiung City Bureau of Finance
director - general

Indicted along with two other persons for
corruption in connection with the alleged
sub-market-price sale of city land to the
Guang Ji Temple.

* On April 14, 2009, the Kaohsiung District
Court found Lin Shang-kai to be not guilty.
* On August 31, 2009, the Kaohsiung Branch of
the Taiwan High Court upheld his acquittal.


(31) Kao Jyh-peng

Legislator

Yao Sheng-chih, vice director of Kao Jyh-
peng`s legislative office, lobbied the
National Property Administration (NPA) to
help a construction company owner lease a
plot of state land in Taichung City. After
accepting a bribe from the contractor, Yao
turned state evidence and accused Kao of
accepting NT$500,000 of the NT$2 million
bribe.



                      25
* On October 22, 2007, Nantou District
prosecutors indicted Kao and asked for a
sentence of nine years imprisonment with the
the abrogation of political rights for seven
years and a NT$2 million fine. [FN35]
* On July 16, 2009, Kao was convicted by the
Nantou District Court and sentenced to five
years and six months in jail.
* On January 20, 2011, the Taichung branch of
the Taiwan High Court found both Kao and Yao
to be not guilty in their appeal trial as the
decision whether to lease such land was a
matter for the NPA to decide and not within
Kao`s power to influence.[FN36]


(32) Lee Chun-yi
     Jao Yung-ching

Former DPP legislators

Indicted for accepting bribes of NT$1 million
from the National Chinese Herbal Apothecary
Association in 1998

* On January 9, 2008, the SID indicted Lee,
Jao and other implicated lawmakers for
corruption.

* On January 23, 2009, the Taipei District
Court found Lee and Jao to be ``not guilty.``
[FN37]
* On February 13, 2009, prosecutors filed an
appeal.
* On September 8, 2010, the Taiwan High Court
reversed the lower court decision and found
Lee and Chao guilty.
* On September 29, the two legislators
appealed the verdict.
                         26
* On March 10, 2011, the Supreme Court found
the defendants ``not guilty`` and remanded
the case back to the Taiwan High Court for
retrial.
* On August 29, 2012, the Taiwan High Court
found the two former legislators ``not
guilty`` in their retrial (prosecutors are
now considering appealing the ruling). [FN38]


(33) Kung Jaw-sheng

Former Financial Supervision Commission
chairman
Kung was accused of improperly benefiting
others and breach of trust in three cases of
corruption during his service as chairman of
the state-owned Taiwan Sugar Co (Taisugar)
from 2003 through June 30, 2004. Kung was
accused of granting a certain company
exclusive distribution rights to market
upscale collagen cosmetics products and
opening an ``Orchid Coffee Shop`` without
following the proper public procurement
process and improperly hiring his sister-in-
law as an adviser.


* In May 2006, Kung was arrested and released
on NT$500,000 bail and was indicted on August
31, 2006 on three counts of corruption with a
requested sentence of seven years.
* On May 31, 2008, the Taipei District Court
found Kung ``not guilty`` and ``exempt from
prosecution`` as it determined that there had
been no illegal favoritism of private
individuals, breach of trust or corruption of
civil service employees and that no harm had
been inflicted on Taisugar.
                      27
* On March 5, 2009, the Taiwan High Court
judged Kung to be not guilty and exempt from
prosecution.
* On October 20, 2010, the Taiwan High Court
in its second trial rejected the appeal by
prosecutors and found Kung to be not guilty.
[FN39]


(34) Huang Li-chen

Former mayor of Puzhi City in Chiayi County
Puzhi City mayor Ms Huang Li-chen, city
government secretary Lin Chih-wei and two
other city officials were indicted for
collaborating with construction companies and
issuing an illegal tender.

* On January 22, 2009, Huang and three other
city officials were indicted for corruption
by Chiayi District prosecutors.
* On July 22, 2010, the Chiayi District Court
found Huang Li-chen to be ``not guilty.``
* On October 4, 2012, the Tainan branch of
the Taiwan High Court issued a verdict of
``not guilty.``


TYPE III: Cases with violations of the
          principle of proportionality

  This section mainly collects cases in which
prosecutors and investigators have obviously
violated the legal principle of
proportionality during the course of their
investigations or have manifested severe bias.
For example, over 400 prosecutors,
investigators and police were mobilized in
July 2012 to conduct massive searches of the
                      28
offices and residences DPP Legislator Chen
Ming-wen and Chiayi County Commissioner Chang
Hua-kuan in the investigation of the so-
called Chiayi Vanilla and Herbal Medicine
Biotechnology Park case. However, after the
exposure of the bribery case involving former
Executive Yuan (Cabinet) secretary-general
Lin Yi-shih in the same month, prosecutors
did not even carry out a search of Lin`s
office. Another example was the demeaning
treatment, including the administration of an
inmate-style haircut, given to former
presidential secretary-general Chiou I-jen
when he was placed under detention for
questioning in the so-called ``An-Ya case.``

* The following descriptions, updated to
January 13, 2013, will include the name of
the concerned DPP members, the position or
assignments they held in government, the
nature of their alleged crimes and the past
and present situation.


(35) Su Chih-fen

Yunlin County Commissioner


Indicted in Wakema Environmental Technology
bribery case and Yunlin Chang Gung Memorial
Hospital Main Building Expansion bribery case

* Prosecutors and investigators surrounded
and searched Yunlin County Commissioner Su
Chih-fen`s official residence at 6 am on the
morning of November 4, 2008 and placed Su
under arrest. Su used the methods of refusing
to post bail and a hunger strike for over 250
                      29
hours to protest the action and was finally
released.
* On November 14, 2008, Yunlin District
prosecutors indicted Su Chih-fen on bribery
charges and asked for a 15-year sentence and
deprivation of political rights for eight
years.
* On April 29, 2011, Su was acquitted in the
first trial on the grounds that she had
refused to accept the bribe and therefore had
no intention of being bribed.
* On August 31, 2012, the High Court
confirmed the verdict of ``not guilty`` for
Su in the appellate trial.


(36) Chen Ming-wen

Former Chiayi County commissioner
DPP Legislator

Chiayi Vanilla and Herbal Medicine
Biotechnology Park (new case)

* On July 31, 2012, the Kaohsiung District
Prosecutors` Office mobilized 26 prosecutors
and over 400 investigators divided into over
10 columns to carry out searches of Chen`s
offices and residences and a total of over 50
locations in Chiayi County and Kaohsiung City.
Prosecutors also interrogated Chen for over
20 hours before he was released on NT$1
million bail. also conducted over 20 hours
of interrogation

* Chen Ming-wen was accused of accepting
bribes from a developer aiming to secure a
bid on the biotech park (which is now the
Dapumei Precision Machinery Innovation
                      30
Technology Park). [FN40]
* Chen Ming-wen maintains that his
relationship with the developer is only that
of ``borrower`` of funds and that he is
currently is engaged in a legal dispute with
the developer and therefore could not
possibly accept political contributions from
the businessman in question.


(37) Helen Chang Hua-kuan

Chiayi County Commissioner

Chiayi Vanilla and Herbal Medicine
Biotechnology Park and Chiayi County
Department of Environmental Affairs garbage
handling services procurement case

* On July 31, 2012, the Kaohsiung District
Prosecutors Office mobilized 26 prosecutors
and over 400 investigators divided into over
10 columns to carry out searches of Chen`s
offices and residences and a total of over 50
locations in Chiayi County and Kaohsiung City.
Prosecutors also interrogated Chang for over
20 hours before she was released on NT$3
million bail. [FN41] However, Chang`s
younger sister, Ms Chang Ying-chi, was
detained on other charges related to the
procurement of labor services for garbage
collection by the Chiayi County Department of
Environmental Protection and was released on
NT$1 million bail on November 30, 2012.
* On August 3, 2012, Helen Chang was
hospitalized and remains under hospital care
to the present. When interviewed by news
media, Chang stated that she suffered from
complications due to an operation on her
                      31
colon and required continuous care.
* On November 30, prosecutors indicted Helen
Chang, Chang Ying-chi and 19 other persons on
charges of corruption and leaking
confidential information.[FN42]


(38) Su Huan-chih

Former Tainan County commissioner

Southern Taiwan Science-Based Industrial Park
Special Zones F and G Development Case

* On December 17, 2010, prosecutors without
any warning launched a major search of the
official residence and office of Tainan
County Commissioner Su Huan-chih and the
offices of related bureaus in the Tainan
County government.
* Tainan District prosecutors and MJIB
investigators divided into five groups to
carry out the searches and Su was detained by
prosecutors for questioning. However,
prosecutors took no further action and did
not issue any indictments.


(39) Chiou I-jen

Former National Security Council secretary-
general

Chiou was accused of embezzling US$500,000 in
the so-called ``Stabilize Asia`` (An-Ya)
diplomatic initiative case and was indicted
for using his official position to defraud
the government under the Anti-Corruption Act
by the SID.
                      32
* Beginning on October 31, 2008, Chiou was
detained by the SID incommunicado for 51 days
and subjected to having his hair cut as a
convict and other demeaning treatment by
guards in the detention center.
* On August 30, 2011, the Taipei District
Court issued a ``non-guilty`` verdict.
* On June 20, 2012, the Taiwan High Court
also found Chiou non-guilty and thus
confirmed his innocence as prosecutors
decided on December 25, 2012 not to file a
second appeal.
* Chiou may be able to receive over
NT$250,000 in compensation for his wrongful
imprisonment.




                      33
FOOTNOTES

[1]
http://www.appledaily.com.tw/appledaily/artic
le/property/20041126/1407549/%E5%BD%AD%E7%99%
BE%E9%A1%AF%E6%B6%89%E8%B2%AA%E4%BA%8C%E5%AF%
A9%E5%88%A4%E4%B8%80%E5%B9%B4.

[2] Lin Pao-hung, ``Former Nantou County
commissioner Peng Pai-hsien confirmed not
guilty,`` NOW News, July 28, 2011
<http://www.nownews.com/2011/07/28/301-
2731322.htm>.

[3] Rich Chang, ``Commissioner threatens
probe protest,`` Taipei Times, December 19,
2010
<http://www.taipeitimes.com/News/front/archiv
es/2010/12/19/2003491322>.

[4] Rich Chang, ``Prosecutors indict Tainan
mayor,`` Taipei Times, April 11, 2007
<http://www.taipeitimes.com/News/front/archiv
es/2007/04/11/2003356113>.

[5] http://www.chinareviewnews.com/crn-
webapp/doc/docDetailCreate.jsp?coluid=93&kind
id=5670&docid=101821037 (in Chinese)]

[6] Staff Writer with Central News Agency,
``High Court finds Chiou I-jen not guilty,``
Taipei Times, June 21, 2012.
<http://www.taipeitimes.com/News/taiwan/archi
ves/2012/06/21/2003535883>.

[7] Staff Writer with Central News Agency,
``High Court finds Chiou I-jen not guilty,``
Taipei Times, June 21, 2012.
<http://www.taipeitimes.com/News/taiwan/archi
                      34
ves/2012/06/21/2003535883>.

[8] See ``Ex-science council deputy minister
indicted for graft,`` Taipei Times, December
27, 2006
<http://www.taipeitimes.com/News/front/archiv
es/2006/12/27/2003342136>.

[9] Rich Chang, ``Shieh says case against him
was to discredit DPP,`` Taipei Times, August
5, 2012
<http://www.taipeitimes.com/News/taiwan/archi
ves/2012/08/05/2003539503>.

[10]
http://www.libertytimes.com.tw/2012/new/sep/2
1/today-life11.htm (In Chinese)

[11] Rich Chang, ``Former officials found not
guilty,`` Taipei Times, July 3, 2012
<http://www.taipeitimes.com/News/taiwan/archi
ves/2012/07/03/2003536855>.

[12] Rich Chang, ``Former officials found not
guilty,`` Taipei Times, July 3, 2012
<http://www.taipeitimes.com/News/taiwan/archi
ves/2012/07/03/2003536855>.

[13] Chuang, Jimmy, ``Hsieh shrugs off
bribery allegations,`` Taipei Times, July 14,
2007 <
http://www.taipeitimes.com/News/front/archive
s/2007/07/14/2003369456>.

[14] Rich Chang and Shih Hsiu-chuan, ``Top
DPP trio charged with corruption,`` Taipei
Times, September 22, 2007
<http://www.taipeitimes.com/News/front/archiv
es/2007/09/22/2003379866>.
                      35
[15] Rich Chang, ``Former officials found not
guilty,`` Taipei Times, July 3, 2012
<http://www.taipeitimes.com/News/taiwan/archi
ves/2012/07/03/2003536855>.

[16] Central News Agency, July 29, 2011 (in
Chinese)
<http://tw.news.yahoo.com/%E7%B6%A0%E7%89%B9%
E5%88%A5%E8%B2%BB%E6%A1%88-
4%E9%A6%96%E9%95%B7%E5%85%8D%E8%A8%B41%E7%84%
A1%E7%BD%AA-105221958.html>.

[17] Hsiang Cheng-chen and Lee Hsin-fang,
``Former deputy Tainan mayor`s acquittal
upheld,`` Taipei Times, November 6, 2010
<http://www.taipeitimes.com/News/taiwan/archi
ves/2010/11/06/2003487847>.

[18] Jimmy Chuang, ``Prosecutors will not
appeal KRTC scandal verdict,`` Taipei Times,
February 26, 2009
<http://www.taipeitimes.com/News/taiwan/archi
ves/2009/02/26/2003437023>.

[19]
http://www.stnn.cc:82/global/taiwan/t20051119
_53766.html (in Chinese).

[20]
http://tw.news.yahoo.com/%E5%89%8D%E9%AB%98%E
9%9B%84%E5%B8%82%E5%B7%A5%E5%8B%99%E5%B1%80%E
9%95%B7%E5%90%B3%E5%AD%9F%E5%BE%B7%E6%94%B6%E
8%B3%84-
12%E5%B9%B4%E6%94%B9%E5%88%A49%E6%9C%88-
213000825.html (in Chinese).

[21] Rich Chang, ``Tsai cleared of Yu Chang
allegations,`` Taipei Times, August 15, 2012
                      36
<
http://www.taipeitimes.com/News/front/archive
s/2012/08/15/2003540320>.

[22] ``Wu Nai-jen not indicted in Taiwan Goal
case``, China Times, December 26, 2008 (in
Chinese)
<http://money.chinatimes.com/invest/news/m97c
2606.htm>.

[23]
http://www.libertytimes.com.tw/2011/new/feb/1
0/today-p14.htm (In Chinese).

[24] Jimmy Chuang, ``Su Chih-fen indicted for
corruption in two cases,`` Taipei Times,
November 15, 2008
<http://www.taipeitimes.com/News/front/archiv
es/2008/11/15/2003428672>.

[25] Central News Agency, ``Yunlin Chief Su
Chih-fen cleared of bribery charges,`` The
China Post, April 30, 2011
<http://www.chinapost.com.tw/taiwan/local/yun
lin/2011/04/30/300550/Yunlin-chief.htm>.

[26] Central News Agency and Staff Reporter,
``Ex-president found not guilty of embezzling
special state fund,`` Want China Times,
August 26, 2011
<http://www.wantchinatimes.com/news-subclass-
cnt.aspx?id=20110826000098&cid=1101>.

[27] Rich Chang and agencies, ``Chen found
not guilty in bribery trial,`` Taipei Times,
November 6, 2010
<http://www.taipeitimes.com/News/front/archiv
es/2010/11/06/2003487820>.

                      37
[28] Associated Press, ``Taiwan`s court: Ex-
leader did not embezzle fund,`` Fox News,
April 28, 2011
<http://www.foxnews.com/world/2011/04/28/taiw
ans-court-ex-leader-did-embezzle-fund>.

[29] Central News Agency, ``Chen Shui-bian
found not guilty of abetting false
testimony,`` Want China Times, August 18,
2012 <http://www.wantchinatimes.com/news-
subclass-cnt.aspx?id=20120818000023&cid=1101>.

[30] Staff Writer with Central News Agency,
``Court demands retrial of A-bian perjury
case,`` Taipei Times, December 15, 2012
<http://www.taipeitimes.com/News/taiwan/archi
ves/2012/12/15/2003550196>.

[31] Rich Chang, ``Chen Che-nan sentenced to
12 years for taking bribes,`` Taipei Times,
December 14, 2006
<http://www.taipeitimes.com/News/front/archiv
es/2006/12/14/2003340345>.
[32] Staff Writer, ``Taiwan Water chairman
Hsu, four others arrested,`` Taipei Times,
September 8, 2007
<http://www.taipeitimes.com/News/taiwan/archi
ves/2007/09/08/2003377754>.

[33]
http://www.libertytimes.com.tw/2008/new/jul/4
/today-p9.htm (in Chinese).

[34] Central News Agency, ``Hsu Hsiang-kun
Not Guilty in First Trial of Corruption
Case,`` August 30, 2010 (in Chinese)
<http://www.cna.com.tw/News/FirstNews/2010083
00048.aspx>.

                      38
[35] Rick Chang, ``DPP legislator indicted on
corruption charges,`` Taipei Times, October
23, 2007
<http://www.taipeitimes.com/News/front/archiv
es/2007/10/23/2003384351>.

[36]
http://www.libertytimes.com.tw/2011/new/jan/2
0/today-p2-2.htm (in Chinese).

[37] Jimmy Chuang, ``Two sentenced in herbal
bribes case,`` Taipei Times, January 24, 2009
<http://www.taipeitimes.com/News/taiwan/archi
ves/2009/01/24/2003434522>.

[38] Rich Chang, ``High court convicts former
lawmakers of accepting bribes,`` August 30,
2012
<http://www.taipeitimes.com/News/taiwan/archi
ves/2012/08/30/2003541544>.
[39] ``Kung Jaw-sheng again not guilty in
coffee shop case,`` Liberty Times (in Chinese)
<http://www.libertytimes.com.tw/2010/new/oct/
21/today-e8.htm>.

[40] ``Ex, current Chiayi chiefs engulfed in
huge graft probe,`` China Post, August 1,
2012
<http://www.chinapost.com.tw/taiwan/national/
national-news/2012/08/01/349513/Ex-
current.htm>.

[41] Rich Chang, ``DPP officials detained for
questioning in new probe,`` Taipei Times,
August 1, 2012
<http://www.taipeitimes.com/News/front/archiv
es/2012/08/01/2003539146>.

[42]
                      39
http://iservice.libertytimes.com.tw/liveNews/
news.php?no=731359&type=%E7%A4%BE%E6%9C%83.




                      40

				
DOCUMENT INFO
Description: This is well-annotated documentation of the political persecution carried out against DPP officials in Taiwan. Compiled by the DPP's Committee on Policy Research and Coordination