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

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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