March 22, 2012
According to a report published in Next Magazine last December, agents of the Ministry of Justice Investigation Bureau (MJIB) carried out intelligence-gathering operations against an opposition party and passed their reports to President Ma Ying-jeou via the secretary-general of the National Security Council (NSC). Due to the severity of these allegations, the International Committee for Fair Elections in Taiwan (ICFET) issued a statement on December 31 expressing its grave concern and calling for an independent, impartial, and thorough investigation.
On March 7, newspaper reports (see citations below) reported that the Supreme Prosecutor’s Office Special Investigation Division (SID) dropped its probe into the allegations, after what can only be described as a perfunctory effort. According to the press reports, the SID’s “investigation” consisted of reading the original Next Magazine article, reviewing some official press releases, and watching TV footage of Ma and Hu denying any wrongdoing. Apparently no interviews were conducted. Rather, the SID said the complainants should have produced more evidence.
The contrast with the aggressive way the SID moved to investigate the alleged improprieties in the Yu Chang case earlier in the election campaign, not to mention its ferocious attitude towards many members of the previous administration, is very stark. This differential treatment is a clear illustration of what the ICFET International Observer Mission cited in its January 15 statement (“Taiwan Elections 2012: Mostly free but partly unfair”) as “misuse of government power” and the “need for structural reforms including judiciary reforms.”
The SID’s conduct of this case so far in no way meets the international community’s expectations. It is almost certain that such intelligence operations were in fact carried out, and it is vital for the reputation of Taiwan’s democracy that responsibility for such a grave violation of democratic norms be assigned clearly and properly, and all those involved be strictly dealt with. While the president himself may possess immunity from certain forms of prosecution, that does not absolve the judicial authorities of their responsibility to clarify the extent of his responsibility, if any, as well as that of the other officials.
Therefore, we call upon the Taipei District Prosecutors Office (in charge of investigating the officials alleged to be involved (notably including the NSC Secretary General Hu Wei-chen, MJIB Director Chang Ji-ping, etc.) to disregard the bad example set by the SID and carry out a thorough, professional investigation, including the roles of the officials all the way up the chain of command. If for whatever reason they are unable to investigate the top officials, then the SID must reopen the case. The frivolous effort they have made so far cannot be allowed simply to stand as the final resolution of the matter.
ICFET resolves to remain vigilant in observing the further investigations, in the hopes that the rule of law can be preserved in Taiwan. Failure to resolve this case satisfactorily will be a stain on the democratic credentials of the government.
ENDS
Related Media Reports:
- Taipei Times
http://www.taipeitimes.com/News/taiwan/archives/2012/03/07/2003527202 - Liberty Times (in Chinese)
http://iservice.libertytimes.com.tw/liveNews/news.php?no=611760&type=%E6%94%BF%E6%B2%BB - Apple Daily (In Chinese)
http://tw.nextmedia.com/realtimenews/article/new/20120306/113240/ - United Daily News (in Chinese)
http://udn.com/NEWS/BREAKINGNEWS/BREAKINGNEWS1/6943195.shtml









