CLEANING HOUSE IN THE JUSTICE MINISTRY

C O N F I D E N T I A L AIT TAIPEI 000163

SIPDIS

E.O. 12958: DECL: 01/23/2020
TAGS: PGOV KCRM KJUS PREL TW
SUBJECT: CLEANING HOUSE IN THE JUSTICE MINISTRY

REF: 09 TAIPEI 1153

Classified By: Political Section Chief David Rank,
for Reasons 1.4 (B) and (D).


1. (SBU) Summary: President Ma's nomination of an official
known for his integrity, impartiality and modesty, to be
Taiwan's top prosecutor will strengthen judicial independence
after the previous Prosecutor-General was impeached over his
handling of the corruption investigation of former President
Chen Shui-bian. The nomination of Huang Shih-ming (now the
Vice Minister of Justice) is one of the more important
personnel decisions by President Ma, whose advocacy of clean
government is perhaps his strongest political asset. End
Summary.


Prosecutor-General Chen Tsung-ming Impeached
--------------


2. (C) The previous Prosecutor-General, Chen Tsung-ming,
resigned on January 19 after the Control Yuan impeached him
over concerns of questionable ethics related to the
corruption investigations of former President Chen Shui-bian
and his family. Although the Control Yuan did not provide
details of its decision, local press reported that Chen
Tsung-ming failed to disclose his personal contacts with
former President Chen's family doctor, who is now a suspect
in the case. The Control Yuan, Taiwan's government watchdog
agency, also turned over evidence to local prosecutors to
determine whether Chen Tsung-ming should face criminal
charges, according to Soochow University Criminal Law
professor Li Jung-geng.

Political Parties Focus on Impartiality
--------------


3. (C) Chen's resignation cleared the way for President Ma to
name Vice Minister Huang Shih-ming to be Taiwan's prosecutor.
Huang's supporters say he demonstrates the quality Ma has
consistently sought in other nominations - integrity.
Legislators from the ruling Kuomintang (KMT) lauded the
choice, saying Huang had a reputation for impartiality, and
the Legislative Yuan is expected to easily approve the
nomination in coming weeks. DPP Spokesman Tsai Chi-chang,
however, publicly questioned Huang's impartiality,
characterizing him as a strong KMT supporter. Judicial
Reform Foundation Director Lin Feng-jeng echoed Tsai's
sentiment and wondered whether Huang would be able to resist
ruling party pressure to influence the judicial process. One
DPP legislator, however, told local reporters that Huang was
a good nominee and hoped he would remain impartial.

Civil Society Pins Hopes on Huang
--------------


4. (SBU) Huang enjoys the respect of his peers, achieving top
ranking in polls among prosecutors. His supporters say he
earned his reputation for integrity by going after corruption
and standing firm, regardless of a suspect's influence or
political standing. For example, they note that during
Taiwan's first direct presidential election in 1996, Huang
went after then-KMT presidential candidate Lee Teng-hui's
supporters for vote-buying. Huang's alleged refusal to meet
with members of the Presidential Office at the time, or to
accept a promotion in return for dropping the case, was
reported in recent press.


5. (SBU) Huang also won public accolades for his modesty and
impartiality, though one paper attributed such
"over-exaggerated compliments" to public anger toward Chen
Tsung-ming and urged a closer examination of Huang's judiical
record and philosophy. Media reported Huang often eats lunch
in his office, rather than meeting with influential
businessmen and political leaders. Huang's assets, as
disclosed to the Control Yuan, are equally modest - a
1,440-square-foot apartment and less than USD 200,000 in
savings after three decades of public service. (Note: Huang
served as chief prosecutor in the Penghu, Chiayi, Taoyuan,
Shihlin, and Taipei District Courts. He was also Chief
Secretary at the Ministry of Justice before becoming
Political Vice Minister in May 2008. End note.)


6. (SBU) Local reform advocates also pin their hopes on
Huang's reputation for integrity and impartiality.
Prosecutors' Reform Commission Spokesman Chen Chih-ming
believed Huang would continue to strengthen judicial independence,
while Judicial Reform Foundation President Wellington Koo hoped
Huang would shake loose old cases stalled in the system and
hold prosecutors more accountable for their actions.
Foundation Director Lin emphasized the need for the new
prosecutor-general to serve a more activist role on judicial reform issues.

Huang's Greatest Challenge: Chen Shui-bian
--------------


7. (C) Huang's greatest challenge will be heading the Special
Investigation Division (SID),which investigates and
prosecutes cases involving high-level government officials
such as former president Chen Shui-bian. In fact, many of
the half-dozen cases under investigation by SID's 14
prosecutors are linked to Chen and his family. Chen's trial
and detention sparked domestic and international debate over
the reliability and impartiality of Taiwan's judicial system.
(See reftel) Leading international and domestic legal
scholars have assessed Taiwan's judicial system as
fundamentally sound, and the public controversy has largely
died down following Chen's convictions for money laundering,
embezzlement, and other corruption charges. Legal observers
believe, however, that in practical terms, Huang's
appointment is not likely to directly affect the many cases
against Chen Shui-bian, his family, and associates.

Comment: Just the Man for Ma
--------------


8. (C) President Ma's political standing has been sinking for
several months due to his mishandling of a disastrous flood
last August, dissatisfaction with his style of governance,
and the widespread perception that he is an ineffectual
leader. Although Huang's nomination did not boost Ma's
popularity in public opinion polls, it nonetheless won broad
plaudits and underscored the President's reputation for
promoting clean government. The nomination also bodes well
for continued judicial reform and therefore should make
Taiwan an even more attractive partner for an extradition
agreement with the United States.
STANTON