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
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