FORMER PRESIDENT CHEN SHUI-BIAN TO REMAIN IN

C O N F I D E N T I A L SECTION 01 OF 02 TAIPEI 000571

SIPDIS

E.O. 12958: DECL: 05/12/2019
TAGS: PGOV TW
SUBJECT: FORMER PRESIDENT CHEN SHUI-BIAN TO REMAIN IN
DETENTION

Classified By: AIT Director Stephen M. Young,
Reasons: 1.4 (b/d)


1. (C) Summary: Former President Chen Shui-bian's detention
was extended for another two months (May 26 - July 25) by the
Taipei District Court on May 11. The decision came after a
distraught Chen appeared in court on May 7 to appeal
emotionally for his release from detention. Complaining to
the court of various ailments, Chen began a hunger strike
that led to a May 9-12 hospitalization. Although Chen is
trying to link his hunger strike to the DPP,s May 17
demonstration against the Ma administration, the party is
keen on keeping the event focused on policy issues, such as
cross-Strait relations, and not on Chen. End summary.

The CSB Merry-Go-Round
--------------


2. (SBU) On May 5, prosecutors indicted former President
Chen Shui-bian and his wife Wu Shu-jen on two new charges,
for taking bribes and violating the political donation act in
connection with funds received from Chinatrust Financial
Holding Vice Chairman Jeffrey Koo Junior. The new indictment
was issued just two days before Chen was scheduled to appear
in court for a hearing on whether he should be released or
remain in detention. Observers predicted the new indictment
made it unlikely that Chen would be released. In court on
May 7 to deliver an emotional appeal for release, Chen
appeared at times short of breath, coughing and shaking in
the courtroom, and said he was suffering from heart pains and
cold sweats. Television cameras later captured Chen
virtually having to be carried by his guards from the vehicle
into the detention center. Earlier in the day, Chen had had
no problems walking out of the detention center to the
vehicle for transporation to the court hearing. The court
did not announce an immediate decision on Chen's detention.


3. (SBU) After Chen appeared in court, his office issued a
statement later the same day in which Chen asked Presiding
Judge Tsai Shou-hsun to give him a life sentence. "I will
not appeal and my sentence can begin immediately," Chen
stated, "Let's end this circus." Chen "rejected the illegal
detention, illegal indictment and illegal trial," threatening
to immediately dismiss his defense attornies and revoke the
summons of defense witnesses. Also, the former president
announced he would go on a hunger strike until May 17, the
day the DPP is slated to hold a large demonstration
protesting against the policies of President Ma Ying-jeou's
administration. (Note: This is Chen's third hunger strike
while in detention; family members persuaded him to end the
first two.)


4. (SBU) On May 9, the Taipei Detention Center sent Chen to
a hospital for examination and treatment for dehydration.
While Chen was in the hospital, the Taipei District Court on
May 11 announced its decision to extend his detention for
another two months, from May 26 to July 25. The court
reaffirmed the prosecutors' original arguments for detention,
including the fear that Chen could collude with other
witnesses or try to flee and the fact that his crimes carry a
minimum five-year imprisonment if he is convicted. The court
suggested Chen had exagerated some of his physical
discomfort, noting he had washed laundry, watched television,
and issued a statement after returning to the Detention
Center. Also, the court criticized Chen for attacks on the
judicial process. (Note: Except for a brief period of
several days, Chen has been in detention since early
November.)


5. (SBU) The hospital released Chen early on May 12 and
sent him back to the Detention Center. Medical examinations
revealed he is suffering from slight dehydration and symptoms
of arthritis, glaucoma, and bronchitis. The District Court,
meanwhile, cancelled the day's scheduled trial session.
Reportedly, Chen planned to use the session to announce to
Judge Tsai his decision to dismiss his lawyers. (Note: If
Chen formally dismisses his attorneys, the District Court has
said it will appoint him an attorney.)


TAIPEI 00000571 002 OF 002


Reactions and Rally Implications
--------------


6. (C) The DPP has called the decision to extend Chen's
detention "unnecessary" and "politically motivated." DPP
leaders acknowledged that some protestors might use the DPP's
May 17 demonstration as an opportunity to voice their anger
with the judicial system, but they stressed that the
demonstration is aimed at protesting the faults of President
Ma Ying-jeou's administration and not at supporting a
particular individual. Soochow University's Political
Science Department Chairman Lo Chih-cheng told us he does not
expect the decision to extend Chen's detention to have a big
effect on the demonstrations in Taipei and Kaohsiung on May

17.


7. (C) Lo suggested the KMT and DPP both need to tread
cautiously when handling Chen. He said he was not surprised
by the court's decision, adding that he expected Chen to be
released only when it would benefit the KMT, for example, to
distract public attention from economic problems or to
influence the December local elections. If the KMT pushes
Chen too hard, however, the situation could backfire as
Taiwan people tend to sympathize with "victims," Lo opined.
The DPP itself must also carefully calculate how to treat
Chen. Chen may be starting to garner more support within the
party, as indicated by former DPP Presidential candidate and
longtime rival Frank Hsieh's surprise visit to Chen this
morning, Lo suggested.

Comment
--------------


8. (C) Chen is showing his penchant for dramatic gestures,
and the court is trying hard not to take notice. Both sides
of this political/judicial standoff seem fairly dug in at
this stage, with the DPP finding it hard to discuss their
famous first president's predicament, much as it frustrates
Tsai Ing-wen's desire to focus on the future. We haven't
seen the end of Chen's antics, and they could well swing some
public opinion over to his side, but the courts seem
determined not to be railroaded into freeing him for a while
longer. What, if any, role the Ma government is playing at
this point depends on who you ask. Pro-Blue players insist
there is no politization while most pro-Green elements claim
the opposite, even if they acknowledge the former President
has to account for the charges he faces. There is no end in
sight yet to this standoff.
YOUNG