馬年回春之道：釋放陳水扁
華府人權行動中心（HRAC）創辦人傑克希利（Jack
Healey）
2014年2月18日於美國華府
凃瑞峰 (Jay Tu) 節譯
英文原稿發表於
Huffington Post
馬英九剛派代表去北京會見中國高幹。台灣與中國地緣接近，見面會談無可厚非，不須苛責。但是馬英九是現任國民黨主席，國民黨在蔣介石中國內戰失敗後「播遷」台灣，導致228事件中成千上萬台灣人被屠殺。換句話說，打輸的國民黨去會見打贏的共產黨。外交總比戰爭好。籠罩台灣海峽超過半世紀的緊張局勢可以因而舒緩。但是全中國由台北管轄的妄想與北京擁有台北管轄權的妄想是半斤八兩，痴人說夢。多數台灣人不希望被中華人民共和國統一。多數台灣人民渴望自由，擁有個人生活及政治選擇權。
台灣反對黨中唯一贏得總統大選的是陳水扁在2000年的勝選及2004年的連任。在他任職期間，他發起並領導了多項措施，給先前沈默的大眾更大的發言權，去決定自己的未來。自從卸任後，這位前總統就被與馬英九一夥的共犯殘酷的迫害。我們相信這是馬英九個人恩怨，不是整個國民黨的決策，去對前任總統進行無情的報復。陳水扁目前正在服一個漫長的刑期，他的健康狀況惡化。馬政權宣稱的完善醫療照顧，事實上是不醫不顧。最重要的是，馬政權不斷製造新的起訴案件。我們合理懷疑這是不是馬的個人仇殺？是不是國民黨因失去了兩次全國大選而惱羞成怒？是不是向「錢」看的企業家爲了和中國做生意而姑息？沒人知道的到底為什麼？也沒有人知道台灣的未來？這不是本文討論的主題。這個問題要由台灣人 民來回答，我們不能替台灣人回答。本文要探討的是普遍人權的問題。在人權基礎上，我們認為陳應立即被釋放。
許多台灣人，包括藍綠不同政治派別人士，只要是相信普世人權的價值的人，都認為馬英九已經背棄了人道主義原則。將前任元首罪織入罪並判處漫長徒刑是對多黨政治的不良示範。我們有理由相信陳水扁案件的司法程序不公平，判綠不判藍的偏見，事實存在。陳水扁的人權繼續被嚴重的侵犯。
人權行動中心先後兩次派代表去台灣調查陳水扁的羈押狀況。兩次訪問的結論相同，確認提供給陳的醫療極其不當並系統性來造成他的健康傷害。他被剝奪了選擇醫生和醫療的權力。儘管陳和他的家人同意公佈他的醫療和司法審判紀錄，國民黨政府卻悍然拒絕。唯一補救的辦法，來減輕陳水扁的人權和公民權利的損害，是允許他緩刑、假釋、赦免或讓他居家治療與家人一起並獲得自己選擇的醫療照顧。我們 再次重申：台灣的政治問題是台灣人民的決定。但在陳水扁的監禁的問題上，我們呼籲讀者致電美國參議員德賓，布朗和其他有良心的國會議員共同努力，立刻送他回家。美國的每一位公民，請直接聯絡自己選區的國會議員請他們支持採取行動。其他的全球公民也請寫信給你們的政府做同樣的要求。我們不會保持沈默，直到這個人得到他應有的尊嚴以及享有與所有人民一樣的保護。我們再次對馬英九呼籲：立刻釋放陳水扁。
Spring in the Horse
Year: Free Chen Shui-bian
Founder, Human Rights Action
Center
Taiwan's President Ma Ying-jeou has just sent a
representative to meet with a high-ranking member of the Chinese government in
Beijing. Given the proximity of Taiwan to the People's Republic, among other
things, this should be neither unusual nor a source of criticism. But President
Ma is a member of the Kuomintang (KMT), the party of Chiang Kai-shek that has
governed Taiwan after losing the civil war in China, and "relocating"
to Taiwan and the horrors they visited upon the ten thousand or more killed in
the 2/28 Incident. In other words, the party that lost China is
speaking to the party that won it. Diplomacy is better than violence so this is
a generally good development given the tensions that have gripped the Straits
for over a half-century. Having said that, the delusion that all of China is
governed from Taipei is exceeded only by the delusion that Taipei is governed
from Beijing. The majority of Taiwanese do not want to reunify with the
People's Republic. The majority of Taiwan's peoples want freedom in their
personal lives and in their political choices.
There is a regular debate among Taiwan watchers over the
future of this "fragrant island." It involves the question of just
what is meant by status quo in polls. Both Blue (read:
KMT and allies) and Green (read: DPP and allies) manipulate polling data to
serve their political ends. So let us look only at numbers that are more
clearly out of the gray areas of semantic debate. Over 54 percent of Taiwanese
feel that warming cross-straits relations has benefited the People's Republic
more than it has benefited Taiwan. Ma Ying-jeou has an approval rating that has
been below 10 percent and struggles to
achieve even fifteen percent. The frustration level is very high in Taiwan at
the current administration and it's not getting any better. To make matters
more ridiculous, President Ma is not eligible for reelection in 2016. So what
is happening here?
The only time an opposition party has won the presidency
in Taiwan was the election of Chen Shui-bian in 2000 and reelection in 2004.
During his tenure, he initiated and oversaw a number of initiatives to give a
voice to the previously silenced constituency who sought a greater voice for
Taiwan to decide on its own future. Since leaving office, the former president
has been prosecuted and ruthlessly pursued by Ma Ying-jeou's personal allies
(personal, since it seems preposterous that the entire KMT would take such a
patently merciless series of actions against an ailing former Head of State).
He is currently serving a lengthy prison sentence while his health deteriorates
under conditions superficially nice and sincerely treacherous. On top of that,
he continues to have new cases brought in for prosecution. Is it a personal vendetta
on the part of Ma? Is the KMT angered by having lost face in two national
election losses? Is it the voice of wealthy industrialists keen to expand
lucrative trade contracts with the People's Republic? Who knows? Who knows what
the future of Taiwan should be? It is not our place to speak on the question of
Taiwan's future. That question is to be answered by the peoples of Taiwan. On
the question of universal human rights both explicit and implied? We can talk
about that. On a human rights basis, we maintain that Chen should be released
immediately.
Many Taiwanese, including those from both Blue and Green elements of
the political spectrum and particular those who believe in universal human
rights, President Ma has turned his back on anything resembling humanitarian
principles. There is a building belief that sentencing Taiwan's only opposition
Head of State to a lengthy prison term is a poor model for pluralist politics.
There is a strong belief that the judicial process of prosecuting Chen
Shui-bian was badly tainted with party (KMT against DPP) bias. There is a very
strong belief that there continue to be human rights principles violated.
The Human Rights Action Center has twice sent
representatives to Taiwan to determine the detention conditions of Chen
Shui-bian. The first visit was fairly high-profile and focused while the second
had a lower profile and included a comprehensive examination of human rights in
Taiwan. Both visits came to the conclusion that Chen has had medical care
systematically neglected in such a way as to create, worsen, or make permanent
several serious conditions. He has been deprived of access to his physicians
and care of choice. Medical and judicial record requests have been denied by
the KMT government in spite of agreement from Chen and his family. On these
bases alone, the only course to mitigate the damage done to Chen's human rights
and civil rights is to permit him a suspended sentence, parole, pardon, or the
ability to serve his time at home with family and medical support of choice.
Again, the issues of Taiwan's politics are a decision for the people of Taiwan.
But on the issue of the incarceration of Chen Shui-bian, we call on readers to
join the likes of Senators Durbin, Brown, and other Congress people of
conscience to send him home now. Any American with a voice is urged to take
action directly by contacting your members of Congress to
ask for their support. Any other global citizens are urged to write to their
governments for the same request. We will not be silent until this man is
allowed the dignity he deserves and the protection that should be afforded to
all peoples. Once again, we call on Ma Ying-jeou to free Chen Shui-bian. Now.
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