COURT ORDERS FORMER PRESIDENT CHEN SHUI-BIAN

C O N F I D E N T I A L SECTION 01 OF 02 TAIPEI 001785 SIPDIS E.O. 12958: DECL: 12/30/2018 TAGS: PGOV TW SUBJECT: COURT ORDERS FORMER PRESIDENT CHEN SHUI-BIAN RETURNED TO DETENTION REF: TAIPEI 1726 Classified By: AIT Director Stephen M. Young, Reasons: 1.4 (b/d) ¶1. (C) Summary: In response to the prosecutors' second appeal, the Taipei District Court ruled early on December 30 to again detain former President Chen Shui-bian, who is under indictment for corruption. Citing concerns about possible flight or evidence tampering in its decision. the court sent Chen back to the Taipei Detention Center, where he was previously held November 12 - December 12. DPP supporters, many of whom have mixed views about Chen, will see this latest development as further evidence of a perceived KMT effort to discredit and weaken the DPP. End Summary. ¶2. (SBU) In the early morning hours on December 30, the Taipei District Court ruled that former President Chen Shui-bian should be returned to detention, but with the right to have visitors. In its decision, the court cited concerns about possible flight or evidence tampering as important reasons for detaining the former president. Chen was immediately taken to the Taipei Detention Center, where he was previously detained from November 12 - December 12 while prosecutors were investigating his corruption cases. On December 12, the Taipei District Court had ordered Chen's release without bail, but the prosecutors, after losing their first appeal on December 18, succeeded this time in sending Chen back to the Taipei Detention Center. While Chen was prohibited from having visitors other than his lawyer during his first detention, this time he is being allowed to have visitors. Chen's lawyers reportedly plan to appeal his detention. ¶3. (C) The outcome of the prosecutors' second appeal did not come as a surprise. The initial decision to release Chen without bail was made by a judge known for supporting defendants' rights and not favoring pre-indictment and pre-trial detentions. After the same judge confirmed his original decision on appeal, the prosecutors filed a second appeal, asking the Taiwan High Court to make the decision. Although the Taiwan High Court again returned the case to the Taipei District Court, it issued an opinion disagreeing with points made by District Court judge Chou Chan-chun in ordering Chen's release. In the meantime, the District Court, combining the new corruption cases with earlier ones, changed the presiding judge that would hear the second appeal and try Chen's cases. According to media reports, the new presiding judge, Tsai Shou-hsun, was more inclined to approve prosecutors' requests for detentions. ¶4. (SBU) According to Chen's lawyer, Wu Shu-jen told Chen prior to the hearing that there was no point in preparing his defense since Judge Tsai was bound to detain him. Nonetheless, with the media present, Chen made the most of his hearing, arguing that detaining him would be unfair since KMT politicians were being let off the hook. Chen also claimed that like Ma Ying-jeou, whom Judge Tsai had acquitted on charges of embezzling a special mayoral allowance, he also had made many donations and therefore should also be exonerated on charges of embezzling the presidential State Affairs Budget. The prosecutors worked to strengthen their arguments that Chen was a flight risk and might influence witnesses or destroy evidence. While the hearing was taking place, roughly 200 police officers were deployed outside the court to keep order. During the afternoon, there were some minor scuffles between Chen supporters and opponents. When the decision against Chen was announced, some irate DPP supporters protested vocally, charging judicial unfairness and political persecution. DPP and KMT Reactions -------------- ¶5. (C) To DPP supporters, the latest developments will provide further fuel for their claims of KMT political interference in the judicial process. DPP Chairperson Tsai Ing-wen criticized the court's reversal of its original decision to release Chen, saying the reversal called into TAIPEI 00001785 002 OF 002 question the judiciary's independence. A DPP legislator close to Chen maintained that the detention was clearly the result of political intervention and would further deepen partisan confrontation. The legislator and others have also talked about possible protest demonstrations. Despite gloating by some outspoken KMT legislators like Chiu Yi, the KMT has been relatively quiet so far, doubtless fearing a backlash from DPP supporters or even the general public concerned about perceptions that an over-powerful KMT might be interfering in the judicial process. Comment -------------- ¶6. (C) Chen's corruption cases will remain a liability for the DPP for some time to come, though the effects may gradually diminish as time passes and the cases become stale news. Although our contacts say a high percentage of party members believe Chen engaged in some wrongdoing, many or most DPP members believe he is being mistreated and they still have mixed feelings toward a former leader who was always very supportive of the party and its candidates. Some DPP officials predict Chen's trials might not be completed for several years, with the KMT trying to take maximum political advantage of Chen's legal problems. One DPP official predicted that President Ma might decide to pardon Chen shortly before the 2012 presidential contest to boost his reelection campaign. SYOUNG