COURT SLAPS FORMER PRESIDENT CHEN WITH TWO MORE

C O N F I D E N T I A L SECTION 01 OF 02 TAIPEI 000847 SIPDIS E.O. 12958: DECL: 07/10/2019 TAGS: PGOV TW PREL KJUS SUBJECT: COURT SLAPS FORMER PRESIDENT CHEN WITH TWO MORE MONTHS OF DETENTION REF: TAIPEI 754 Classified By: AIT Acting Director Robert S. Wang, Reasons: 1.4 (b/d) ¶1. (C) Summary. The Taipei District Court ruled on July 13 to extend former President Chen Shui-bian's detention period by two additional months. This marks the third time that the Court has extended Chen's detention. Chen, who was previously scheduled to be released on July 25, now is slated to remain in detention until September 26. In addition to citing previous reasons for detention such as concerns Chen would collude with witnesses or try to destroy evidence, the Court maintained Chen has been interfering with the judicial process by using his visitors to communicate with the public. This latest ruling does not come as a surprise and will likely prompt the DPP and other Chen supporters to step up efforts to call for fairness in the judicial system. End summary. Third Extension... -------------- ¶2. (SBU) The Taipei District Court ruled on July 13 to extend former President Chen Shui-bian's detention period by two more months. The Court cited old and new reasons for the continued detention. It expressed concern that Chen would collude with witnesses, tamper with evidence and pose a flight risk. The Court noted that the serious charges against Chen could result in a prison term of at least seven years if he is found guilty. It also introduced a new reason for detention, explaining that Chen has been interfering with the judicial process by talking to the public via the visitors he receives at the detention center. The Court maintained this indirect contact demonstrates Chen's ability to pressure the judiciary and insisted that detention remained the best way to minimize the damage Chen could do to the judiciary. ¶3. (SBU) The Court's latest decision followed a July 10 detention hearing and was the third time that Chen's detention has been extended. Chen, who was previously scheduled to be released on July 25, now is slated to remain in detention until September 26. During the hearing, Chen broke a month-long vow of silence in court by criticizing the judge for failing to uphold a promise to release him after all witnesses had been questioned. Chen had not been vocal in court sessions since June 2, deeming it useless for him to try to defend himself. He dismissed his defense team in May 
and has refused to communicate with court-appointed lawyers. Chen's strategy likely reflects an attempt to speed up the first trial because as soon as it ends, he can begin to prepare his defense in the second trial. (Note: Taiwan court cases generally go through a three trial process.) ...Set to Fuel Further Criticism of Judiciary -------------- ¶4. (SBU) The detention extension has already spurred criticism from judicial reform advocates and the DPP. Judicial Reform Foundation Executive Director Lin Feng-jeng called the extension "excessive" and the reasons "flimsy." DPP spokesman Cheng Wen-tsang also disagreed with the court decision. He explained the court had already heard from all witnesses so there was no need to worry that Chen would conspire with them. ¶5. (C) Chen's extended detention is thus set to prompt the DPP and other Chen supporters to intensify their efforts on behalf of the former President. On June 25, the party launched a formal, multi-pronged effort to press for impartiality in Taiwan's judicial system and Chen's immediate release. DPP Chair Tsai Ing-wen issued a joint declaration with prominent Taiwan academics calling for judicial reform, maintaining the detention system violates human rights. The declaration noted that Chen's lengthy detention has damaged judicial credibility and fueled social division and confrontation, threatening Taiwan's democratic development. (Note: Except for a short break, Chen has been in detention TAIPEI 00000847 002 OF 002 since November 12, 2008.) The heads of the Judicial Reform Foundation, Taiwan Bar Association and Academia Sinica were among the the 10 signatories of the declaration. In addition to presenting the statement to the Presidential Office, Judicial Yuan and Ministry of Justice, the DPP also wrote to foreign embassies and representative offices as well as international human rights NGOs. Comment -------------- ¶6. (C) The DPP campaign represents a significant shift in the party's reaction to and handling of Chen's case. Previously, the party simply maintained Chen should receive a fair trial and had hoped to wait until the end of the first trial before weighing in on the case. The party exerted a concerted effort to avoid making Chen the center of any DPP plan. The change in tack may be an attempt by the DPP to quell its radical members who have been pressing Tsai to do more on Chen's behalf but may also serve to demonstrate to the broader Taiwan public that the DPP can focus on issues other than sovereignty (see reftel). The party is not only now decidedly helping Chen but also is working closely with non-party members and entities in an effort to demonstrate that Chen's case is not just a DPP issue but a broader one that deals with judicial fairness across the board. WANG