2008-11-27

DPP Statement regarding to the detainment of former President Chen Shui-bian


1. The measures taken by the prosecution for former President Chen Shui-bian's case have caused feelings of dismay, anger, and humiliation among the public. The DPP calls upon the prosecutors to abide by the bounds of the law and to respect the basic rights of the defendant. The judiciary must no longer intensify public moods unless it wishes to further bring on unnecessary social conflict.

2. During their investigation of this case, the prosecutors have constantly violated the principle of non-disclosure by selectively revealing details of the case to the media, thus transforming the case into a trial-by-media. President Ma Ying-jeou and Minister of Justice Ching-feng have even publicly announced that Chen will be prosecuted as well as made statements insinuating that Chen is guilty. These kinds of behaviors are not only “sentencing without trial” but also “politics-control prosecution”. The DPP sternly demands that the prosecution should not allow itself to be reduced to becoming a tool for politicians to abuse. Ma Ying-jeou should be held fully responsible to resolve this problem immediately.

3. In accordance with the principles of proper legal procedure, of innocence until proven guilty, and the least interference with personal liberty, detainment should be the last measure of an investigation. However, prosecuters have recently gained the confessions they need through arrests. This is a seriously violation of human rights and the principle of rule of law. The Taipei District Court has also yet to provide legitimate, sufficient, and objective reasons to explain its decision to detain former president Chen. Considering that the defendant happens to be the former leader of the country, the DPP regrets this over-hasty and obvious abuse of power.

4. The DPP demands that the prosecution shall not deny the important contributions of the former leader, who led the country for eight years, and that they should respect the former president in making arrangements for his detainment.

5. For many supporters, the detainment of former president Chen is distressing and frustrating. The DPP calls for all supporters to calmly and rationally face it. The DPP will continually strive to unite the Taiwanese people to push for reform.


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