Unfair Treatment Suffered by Former DPP government officials in Judicial Investigations and Trials

作者 Democratic Progressive Party

2013-01-12

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   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  in government aggravated the lack of independence in the overall  operation of the 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 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. 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. 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  courts have issued final judgments of innocence. These include the  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-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 * On July 28, 2011, the Taiwan Supreme Court finalized a ``not  guilty`` judgment. [FN2] (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 asked for a 12 - year sentence for the then  serving mayor. [FN4] * On August 24, 2009, the Tainan District Court found Hsu not  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  for using his official position to defraud the government under the  -Corruption Act by the Special Investigation Division (SID of the  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] * 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 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. * 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] (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  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 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. [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. (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  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  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 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 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 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 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] (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` 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 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 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 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. * 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. * 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. * 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 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 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 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 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. * 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. FOOTNOTES [1] http://www.appledaily.com.tw/appledaily/article/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 引用:台灣228網站 http://www.228.net.tw/index.php?option=com_content&task=view&id=16260&Itemid=71