JUSTICES DEFANG LY'S "TRUTH INVESTIGATION

C O N F I D E N T I A L SECTION 01 OF 02 TAIPEI 004036

SIPDIS

STATE PASS AIT/W

E.O. 12958: DECL: 12/21/2014
TAGS: PGOV TW
SUBJECT: JUSTICES DEFANG LY'S "TRUTH INVESTIGATION
COMMISSION"


Classified By: AIT Director Douglas Paal, Reason: 1.4 (B/D)


1. (C) Summary: The Council of Grand Justices ruled on
December 15 that key portions of the statute establishing a
commission to investigate the March 19 shooting of President
Chen Shui-bian were unconstitutional. Although the "Truth
Investigation Commission", established by the Pan-Blue
majority in the Legislative Yuan (LY),will be allowed to
continue working, the ruling strips it of most of its powers.
The Executive Yuan (EY) praised the ruling, saying it
vindicated government agencies' refusal to cooperate with the
commission's investigation. The KMT's initial reaction was
hostile, but it quickly moderated its tone and began to
discuss possible modifications in the statute creating the
Commission. The People First Party (PFP),however, derided
the decision, claiming it was the result of Pan-Green
manipulation of the judiciary, and threatened a "radical
approach" to dealing with the situation. It remains to be
seen whether the ruling will encourage the two sides to work
together to create a mutually acceptable investigative
commission. End Summary.

The "Truth Investigation Commission": A Most Partisan Birth
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2. (C) The Pan Blue-dominated LY passed a statute on August
24 establishing a special "Truth Investigation Commission"
(TIC) to investigate the March 19 shooting of President Chen
Shui-bian and Vice President Annette Lu. Many in the
Pan-Blue camp claim the shooting was staged to help Chen
garner sympathy votes and thus unfairly win the election.
The statute gave the commission nearly unlimited powers of
investigation and stipulated that its members be appointed by
the political parties in proportion to their share of LY
seats. The Pan-Green camp, calling the bill
unconstitutional, fought it from the outset. The
DPP-dominated EY effectively vetoed the TIC bill in September
by returning it to the LY for reconsideration. After
Pan-Green legislators failed to prevent the Pan-Blue LY
majority from overturning this "veto," they petitioned the
Council of Grand Justices to strike down the law as
unconstitutional. Meanwhile, the Pan-Greens refused to
nominate members to the Commission, and the EY directed
government agencies not to turn over documents or otherwise
cooperate with the TIC investigation.

Commission's Omnipotence Ruled Unconstitutional
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3. (C) The Council of Grand Justices, Taiwan's highest
judicial body, ruled on December 15 that some key portions of
the TIC statute were unconstitutional, notably two articles
giving the Commission unprecedented prosecutorial and
investigative powers. One article stipulated that no
individual or government body could invoke any law exempting
itself from being subpoenaed to give testimony, handing over
documents, or otherwise assisting the Commission. Travel
bans and fines would be imposed on those who refused to
cooperate. The other article further authorized the
Commission to try any alleged suspects before a high court
and demand a retrial if the court's decision was found to
contradict the Commission's findings. The Justices ruled
that the TIC can continue working, but only after the statute
has been amended, eliminating most of its enforcement powers.


Pan-Green Camp, EY Praise the Ruling
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4. (C) Pan-Green officials praised the ruling, saying it
vindicated government agencies' refusal to cooperate with the
commission's investigation. EY spokesman Chen Chi-mai said
he was "grateful for the constitutional interpretation
delivered by the Council of Grand Justices" and demanded the
Commission "immediately cease all operations." He added that
"both President Chen and the Executive Yuan are eager to find
the truth of the March 19 case . . . . but the procedures
must be constitutional and legal." He suggested that
lawmakers of all parties consider forming commissions under
the scope of the LY's existing constitutional powers to
investigate other "cases of concern to the Taiwan people" in
addition to the March 19 shooting. Chen specifically
mentioned several notoriously unsolved murders of dissidents
during the KMT-imposed period of martial law.

KMT Reluctantly Willing to Abide by Ruling
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5. (C) The KMT's reaction to the ruling was initially
combative. Commission member Yeh Yao-peng stated that the
commission was "legally constituted" and would continue
operation. KMT spokesman Chang Jung-kung also expressed his
immediate disappointment with the ruling, saying that the
party "cannot accept the (Grand Justices') interpretation."
By the next day, however, the KMT had begun to moderate its
position. On December 16, LY Speaker Wang Jin-pyng announced
that the Party would respect the ruling and would work with
all parties to amend the statute so that the Commission could
continue its investigation. Privately, however, the KMT has
made it clear that it remains dissatisfied with the Council's
decision. In a meeting with AIT Acting Director the same day
(septel),Wang complained that the ruling effectively
eliminated the Commission. Party Chairman Lien Chan, he
said, had asked him to pass a message that the KMT would give
up its objections to the USD 18 billion special defense
procurement budget if AIT could convince the Democratic
Progressive Party (DPP) to accept the existing TIC statute.

A Defiant PFP Threatens "Radical Approach"
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6. (C) The KMT's Pan-Blue partner PFP, however, was more
defiant. On December 15, after the ruling was announced, PFP
caucus whip Liu Wen-hsiung questioned the impartiality of the
Grand Council itself, saying "We are not surprised about the
outcome, since the Commission is investigating Mr. Chen
Shui-bian and the Grand Justices are named by Chen." He
called on the Commission to continue its operations and urged
"the public to refuse cooperation with the Grand Justices'
interpretation." In response to the KMT's more moderate
stance the following day, Liu threatened that the PFP had not
ruled out a more "radical approach" to dealing with the
situation, but did not elaborate what that might entail.
Members of the commission separately issued a statement
saying that the ruling contradicted the five-branch
government system of the ROC Constitution, and may have
sparked a constitutional crisis. PFP Legislator Chou Shi-wei
suggested a constitutional amendment to eliminate the Control
Yuan (CY),since its duties overlap with those of the
Commission.

Comment: No Big Surprise
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7. (C) The Council's ruling was not surprising, as parts of
the original statute were widely viewed as contravening the
Constitution. The real question was whether the statute
would be struck down before or after the December 11 LY
elections. The KMT's professed willingness to respect the
ruling and consult with all parties suggests that, now that
the elections are over, Commission legislation acceptable to
all sides may now be possible. However, the reactions by EY
Spokesman Chen, Lien Chan, and the PFP provide clear
reminders that the TIC is as much political football as
investigative body. All parties will continue to look for
ways to exploit the March 19 shooting and the Commission to
gain marginal advantage in Taiwan's highly acrimonious and
evenly divided domestic political arena.
PAAL