瘋馬之亂：談籠罩台灣的國家暴力對陳水扁的慢性謀殺
美國華府人權行動中心主任Jack Healey/ April 22, 2013
譯者為北卡州立大學機械航空系
凃瑞峰教授
人權行動中心過去7個月，積極調查台灣前總統陳水扁的監禁條件和醫療。我們派出一個資深的亞洲問題研究員哈瑞丁勤時(Harreld Dinkins)，和一位對監獄標準及囚犯醫療人權具有相當的專業知識的研究員漢斯‧瓦爾(Hans Wahl)到台灣進行實地調查。我們發現雖然陳前總統的監禁狀況勉強接近最低的國際標準，可以暫且不論，但是他的醫療人權卻被有計劃的刻意忽視，已經造成他身心受到巨創。事實上，根據獨立的醫療診斷報告，陳水扁已患有數項不可回復的重症，不但會影響他日後的生活品質，也可能縮短他的生命。
我們一直嘗試與各方在這個問題上合作，因此我們沒有斷言陳水扁先生是有罪或清白。因為清白與否不應該影響一個人的基本人權。最近我們相當樂觀，認為這個問題將有轉機。不久前我們剛與精明且深具風釆的台灣前副總統呂秀蓮女士在美國華盛頓DC面對面討論。我們以為陳水扁最近就會被假釋或特赦。畢竟，馬英九先生沒有其他選項，必須如此做來挽救他長期徘徊在11%的支持率。馬先生的天主教背景應該對他有所提示，謹記〝不可殺人〞的教誨。然而馬英九似乎毫不在乎？
趁天未亮，也沒有任何預警的情況下，陳水扁最近從一個設備完善的醫學中心被送到台中監獄附設的培德醫院，這是一個基本設施不足以應付複雜醫療的監獄診所。這項移監動作竟發生在十位國際人權專家小組最近發表的一份報告之後。這份人權報告建議，陳水扁應被送到完善的醫療中心或經由保外就醫或赦免回家療養。這項移監也發生在藍綠雙方都有意和解之後。根據我們私下接觸，一些〝藍〞(國民黨)和〝綠〞(民進黨)人士都表示樂觀，願意促成陳先生在有足夠的醫療照顧和尊嚴下，安度餘生。
台灣正處於一個徬徨的十字路口。可信的證據顯示，馬英九政府在陳先生的司法審判過程中涉嫌干涉司法，從事政治報復。儘管如此，若干藍營人士也對陳先生的處境表示同情。可惜曇花一現，這項將他轉移到台中監獄附設診所的動作，完全忽視醫療專家的建議以及我們與其他人權人士的報告。馬政府顯然已經鐵了心，選擇採取蓄意忽視醫療來謀殺這位因非暴力的金錢問題入獄的前總統。這項謀殺動作只會加劇陳水扁的病情，已經造成他罹患永久殘疾。任何一位有理性的旁觀者都會得到這個結論：馬政府正在對陳水扁進行慢性謀殺！
我們呼籲全世界所有關心人權的人，發送電子郵件給你的政府(好)或打電話給你的民意代表(更好)，或者直接提筆寫信(最好)，要求制止這項謀殺行為。台灣面對一個〝獨特〞的外交形勢，必須考慮國際觀感和商業壓力。請記住你個人對陳水扁是無辜或有罪的認知並不重要，重要的是當國家以公權力監禁一名囚犯時，國家必須對這名囚犯的福祉和健康負責。台灣政府對待陳先生的方式相當可恥，不遵守國際規則，也不堅持法律和自己的歷史文化傳統(除非他們試圖仿效白色恐怖或228事件)。在野黨也沒有盡責。朝野都在從事政治算計，考慮譁眾取寵的宣傳和未來的選票，漠視這項當前的人權問題！
我們在此再度強調：陳水扁必須有尊嚴的享有足夠的醫療和照顧。不要噤聲不語，坐視馬英九謀殺陳水扁。不要讓這項慘劇發生在台灣，而不嚴正告知馬英九:國際上普遍對他的不正常行為深惡痛絕。對陳水扁的追殺不代表台灣馬政府在伸張正義或保障普世人權，這是鬥爭、怯懦和虐待。
The Madness
of Ma: Slow-Motion State Violence in Taiwan and the Murder of Chen Shui-bian
Jack Healey, Human Rights Action Center,
Washington DC, USA
The Human
Rights Action Center has been involved for seven months in a investigation into
the incarceration conditions and medical care of former Taiwanese President
Chen Shui-bian. We sent a longtime Asia researcher, Harreld Dinkins, and Hans Wahl, a researcher with considerable expertise on prison
standards and the imperatives for prisoner medical care to Taiwan last year.
What we discovered was that, while the President's material conditions of
incarceration were close enough to international standards that an argument
might be dismissed, that his medical care had been systematically denied or
inadequate such that there were conditions that emerged that were previously
non-existent and conditions that were made considerably worse and permanent.
Indeed, consistent independent medical reporting suggests that Chen Shui-bian
is likely to have a host of medical conditions that are permanent and will
impact his quality of life and perhaps a considerably shorter lifespan.
With
considerable attempts to work with all sides on this issue, we never made
assertions about Chen's guilt nor innocence, for that should not impact an
individual's human rights or basic rights. We had just gotten to a place of
hope in fact. After a recent D.C. discussion with the savvy and charming former
VP Annette Lu in D.C., we thought we were likely looking to a parole or pardon
sometime soon. After all, Ma has no option to run for an additional term and an
approval rating lingering near 11 percent. The good (and compassionate) money
would seem to have been on trying to salvage something of the premise of
"Thou Shalt Not Kill" that was an important part of Ma's Catholic
upbringing. Such seems to no longer be a rule that Ma is leaning towards.
In a predawn
transfer without any advance notice, Chen Shui-bian was recently transferred
from a medical facility capable of dealing with and managing his multiple conditions
and taken back to a prison with a rudimentary ability to deal with complex
medical issues. This transfer was done after a ten-person panel of
international human rights experts recently issued a report recommending that
Chen be kept in a sufficient medical facility and/or sent home on medical
parole or pardon. This transfer was done after our contacts on both the
"Blue" (KMT) side of the ruling party and the "Green" (DPP)
side of the opposition had begun to express optimism and even a willingness to
forgive for the thought was that Chen would be allowed to live his life with
adequate medical care and dignity.
Taiwan is at a
strange crossroads. Ma Ying-jeou's government has been credibly accused of
interfering with the judicial process and being motivated by revenge politics
throughout this process. Still, in the past there have been moments of
compassion shown to Chen during this period. No longer. Based on his medical
conditions and the reports of our organization and credible human rights experts
(and to be sure there have been some fringe characters on both sides of this
debate as well), to transfer him back into a prison with merely a prison clinic
at this point and to do so against the advice of the medical team that was
caring for him, the Ma government has apparently chosen to take a former
president convicted of nonviolent financial offenses and to kill him through
systematic neglect. The outcome of this treatment to date has been exacerbated
conditions and permanent disability.
What would a rational
observer conclude from this other than the Ma government has decided to engage
in a slow-motion form of murder?
We call on all
peoples concerned about human rights and prisoner rights, around the world, to
send an email to your governments (good), to call your representatives
(better), or to write an actual physical letter (best) to ask for a redress of
this concern. For Taiwan, which faces what might be called a "unique"
diplomatic situation, the sensitivity to international politics and business
pressure is considerable. Remember: it does not matter if you think that Chen
Shui-bian is innocent or guilty. It matters that when the State incarcerates
any prisoner, the State becomes responsible for that prisoner's well-being and
health. The Taiwan government has acted shamefully in this regard. They are not
adhering to international standards. They are not adhering to the legal/cultural traditions of
their own history (unless they're trying to emulate the White
Terror or the 228 Incident in microcosm).
The opposition hasn't been that great at this either. With considerable party
politics contributing to grandstanding to win current or future publicity and
votes, there seems a loss to pay attention to the immediate and general focus
of our concern: the rights of Chen Shui-bian and of other prisoners to receive
adequate medical care and to have their dignity maintained.
Do not let Ma
Ying-jeou murder Chen Shui-bian without speaking up against it. Do not let this
happen without letting him know that the eyes of the world are on him and that
he is behaving abominably. These are not the universal standards of justice or
human rights being implemented in Taiwan. This is grudge and cowardice and
abuse.
《本文已刊登於2013-4-25第67期台灣守護周刊》
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