Both Chen Shui-bian and the DPP Owe the Public an Apology

 Both Chen Shui-bian and the DPP Owe the Public an Apology

United Daily News editorial (Taipei, Taiwan, ROC)

A Translation 

December 23, 2014

A Summary

From the public’s perspective, assertions that Chen Shui-Bian's release [on medical parole] would bring "Blue-Green reconciliation" to Taiwan are sheer fantasy. Assertions that Chen “going home for the Lunar New Year’s holidays" would bring warmth to the society are self-deception. Most importantly, this "Free Chen!" farce must not be spun as "Ah-Bian's resurrection." It must not be spun as certifying “The Chen family was never guilty of corruption at all." It must not be allowed to confound right and wrong. To avoid these after effects, we urge Chen and the DPP to apologize to the public before Chen is released. People have been awaiting this moment for six years.

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See full text of the editorial below

The DPP scored a major victory during the nine-in-one elections. The first thing they did afterwards however, was to convene all 13 elected DPP county chiefs and city mayors to demand that the Ma government release former president Chen Shui-bian from prison, asserting that this would be the first step in "Blue-Green reconciliation". Former Vice President Annette Lu was even more specific. She demanded that Chen be released before Dec. 25th, otherwise she would begin a hunger strike. Under such pressures, the Ma government has apparently begun retreating and easing interpretation of the law. Yesterday, the start of the medical certification by the Justice Ministry was full of such atmosphere.

A democratic election was held. Yet the winner shows scant concern for the nation's economic future or how to clean up the political mess. Instead, it devotes all its energy to getting a corrupt former head of state released from prison. Do the DPP's actions deserve the support of its vastly bloated public opinion? The Ma administration has repeatedly proclaimed its reverence for the rule of law. Yet a single defeat at the polls has caused the Justice Minister to lose her courage in handling the Chen family corruption case and unusually point to possible approaches of solution, hinting that leniency is possible.

The government appears ready to release Chen. But ambiguous legal and ethical issues remain. This is something the ruling and opposition parties and even the Chen family cannot evade. The various parties involved must speak clearly and make themselves understood. Otherwise if Chen is hastily released, the troubles will merely be beginning.

One. Will Chen be released on humanitarian grounds, or political grounds? The DPP asserts that releasing Chen would be the first step in blue-green reconciliation. Obviously it treats the case as one of political symbolism. But the Ma government is talking about "medical parole" instead of “amnesty,” obviously attempting to keep Chen’s contemplated release a legal matter. It hopes to offer Chen leniency on the grounds that he is a "former president" and his physical condition is professionally certified by the medical community. In other words, the Ma government may wish to consider all legal, political, and humanitarian factors. But its passivity has made all of these options difficult.

Chen Shui-bian has been serving his time in prison for six years for corruption, immorality, and dereliction of duty. As Chen’s health condition deteriorating, giving him special consideration of medical parole is not out of the question. But legally speaking when a president breaks the law, he must be treated the same as any ordinary citizen who breaks the law. If the consideration is given to "humanity," then other inmates nationwide also must be treated the same way. Therefore if ruling and opposition party politicians want to argue the matter, the essential solution would be to amend the law to relax the requirements for inmates’ medical parole as a whole. Only this way would it be consistent with the universal value of "humanitarianism."

Two. Giving Chen medical parole does not mean he is "not guilty." This must be clearly understood. Chen Shui-bian was convicted of corruption on final appeal. He was convicted of corruption in the Longtan case, the Diana Chen case, the Nangang Exhibition Hall case, the Yuan Ta and Fu Hua cases. The sums involved amount to over 600 million NT. He was convicted and sentenced to an aggregate of 20 years in prison, and fined 200 million NT. He is also implicated in the state affairs fund case and multiple cases of misappropriation. These cases can not proceed because Chen has yet to appear in court for his poor physical condition. That does not mean that Chen et al. are innocent.

Therefore, the term "freeing Chen" is highly misleading. Even if the Ministry of Justice grants medical parole, it merely means that his physical condition prevents continued incarceration. In fact, he has been receiving medical care from Peiteh Hospital for some time. That does not mean he was "on parole" or "acquitted." Alas, the Green Camp has been up to its usual political tricks. Chen Shui-bian may well be granted "medical parole." But the green camp spins it as "release from prison." They are even arguing that he was never guilty in the first place, but was merely a victim of a KMT "miscarriage of justice" then thrown into a "dungeon." On this, the ruling party must make the truth clear and the DPP must promise not to confuse the public.

Three. Chen and the DPP never acknowledged mistakes. Chen family corruption cases began erupting in 2006. The DPP backed him unconditionally. It helped him cover up his crimes. Even after his conviction, the DPP never admitted this or issued an apology. It has dug in its heels to this day. Instead, it attempted to make excuses for Chen’s release. Even now it threatens a hunger strike. It is as if Chen Shui-bian never had a problem with corruption or misconduct. How then, can the DPP claim that it has "the ability to engage in soul-searching?"

Consider also the Chen family’s attitude. Chen has been in prison over six years. He has never once expressed any remorse for his heinous crimes of corruption, let alone apologize or admit guilt. Also, his wife Wu Shu-chen's corruption was no less serious than Chen's. But her poor health gave her a pass and spared her a prison term. It did not mean she was not guilty. Also, the Chen family has squirreled away vast sums overseas, which have yet to be recovered. Several cases have yet to go ahead due to the poor health conditions of Chen and his wife. Has the Green camp blanked these out while demanding medical parole for Chen?

From the public’s perspective, assertions that Chen Shui-Bian's release [on medical parole] would bring "Blue-Green reconciliation" to Taiwan are sheer fantasy. Assertions that Chen “going home for the Lunar New Year’s holidays" would bring warmth to the society are self-deception. Most importantly, this "Free Chen!" farce must not be spun as "Ah-Bian's resurrection." It must not be spun as certifying “The Chen family was never guilty of corruption at all." It must not be allowed to confound right and wrong. To avoid these after effects, we urge Chen and the DPP to apologize to the public before Chen is released. People have been awaiting this moment for six years.

(Courtesy of United Daily News editorial)

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