“馬謊”連篇，追殺阿扁：醜惡政爭，鬥垮美麗台灣
美國華府人權行動中心主任及創辦人 傑克希利
節譯者：凃瑞峰
2014-09-24
再次我們要關注台灣，不幸的是我們仍須呼籲釋放陳水扁，更須鄭重提醒馬英九（台灣史上最不受歡迎的總統）停止殘害人權。世界人權宣言揭示的普世價值，不容馬英九違法濫權恣意破壞。
馬英九在2008年當選後，無視和平轉移政權的歷史義務，立即對陳水扁進行政治報復。馬英九操縱特偵組檢察官羅織罪名、恐嚇證人，編導嘲諷劇，以及發動媒體全面抹黑，司法追殺手段明顯違反國際司法程序正義。這些“馬用”檢察官辦案動機可疑，證據東拼西湊，十分薄弱。法官也可以量身“創造”新理論，判處陳水扁十九年徒刑。至今他已服刑近三分之一的刑期。
我們可以斷言監禁陳水扁是司法不公的結果，是國民黨對異議者的警告。不只是反對黨，就算是國民黨內不聽話的，馬英九也絕不手軟，王金平就是明例。更讓天人共憤的是，陳水扁在監獄中所遭受的不人道虐待讓他百病叢生，甚至終生殘疾。這是有計劃的殘害人權。
最近特偵組簽結所謂的“海角七億”洗錢案，經過五年多的調查，現在説抱歉誤會一場，但陳水扁已被關了將近六年。再加上一名特偵組檢察官最近被貪瀆定罪，使得這些檢察官的動機、合法性、與公正性都遭受嚴重質疑。現在看來陳水扁是無辜的，但是監禁虐待與刻意醫療疏失對他造成的傷害卻是真實且不可逆的悲劇。陳水扁應即刻被釋放，馬英九應即刻被調查。
過去六年台灣不再進步，反而向下沈淪。台灣人民有權享有多年來犠牲奮鬥才爭取來的人權。是釋放陳水扁、拋棄馬英九的時候了。我們呼籲所有美國公民和所屬的參議員與眾議員聯絡，要求他們替陳水扁仗義執言，並注意日趨發狂的馬英九言行。
我們相信美國國會應該通過一項決議案，不讓馬英九有機會獲得美國護照，在卸任後捲取不法所得，潛逃離開台灣。然而最重要的目標是確保陳水扁的自由人權以及全體台灣人民的未來與希望。不要讓醜惡的馬英九摧毀美麗的台灣。
Ma Lies
While Chen Dies: Ugly Party Politics on a Beautiful Island
Jack
Healey, Founder, Human Rights Action Center
Posted: 09/23/2014
2:31 am EDT Updated: 09/23/2014 3:59 pm EDT
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Once again, it's time to look
at Taiwan. Unfortunately, there is still a need to call for freedom from
prison for Chen Shui-bian and a need to call out Ma
Ying-jeou (the most unpopular president in Taiwan's history) to stop abusing
human rights principles for shameful political hunts. For those of you who have
been following, this call has been made for far too long and has seen deaf
ears. For those new and old, let's look at some of the why. Following the
latest findings in Taiwan's judicial system, the need is stronger than ever: a
free Taiwan needs a free Chen Shui-bian. With a deeply problematic trial
process, a failure to provide adequate medical care, and a dangerous message to
a new multiparty democracy, Ma Ying-jeou's quest to continue to jail the first
and only politician outside the Kuomintang (KMT) to hold highest
office is a bad and faithless move. It is indicative of an attempt, with the
complicity of the rest of the KMT for failing to speak out and dissent, to beat
back the human rights that Taiwan's people have fought with their lives to
acquire. The rights enshrined in the Universal Declaration of Human Rights
(UDHR) deserve durable and complete respect, not the sort of abuse heaped
upon them in the actions of a hapless president who's single-digit approval
ratings suggest an intent to forgo the beauty of rights in an effort to grab
the ugliness of raw power.
Taiwan has a long history in the
history books of the West. When the Portuguese sailed by in 1544, they named
the main island Ilha Formosa, or "Beautiful Island" by the Portuguese
when they sailed by in 1544, though indigenous peoples who'd already been there
for at least five thousand years already had names for it. In the following
three and a half centuries China, Spain, and the Netherlands all juggled claims
of sovereignty, settlement, and trading rights before the Qing Dynasty ceded
the area to Japan in the late nineteenth century. After WWII, the Republic of
China was established by the Kuomintang (KMT) in retreat from the Chinese civil
war and took possession after Japan's surrender.
The "Republic of China"
(ROC) had a rocky start under the KMT. With the status as the sole legal party
and as puppet prop of Chiang Kai-shek's dictatorship (followed by his son's),
the KMT established an authoritarian state replete with human rights abuse and
little freedom accorded to the island. With the White
Terror beginning with the 228 Incident in 1949 and initiating
martial law that was the world's longest when eliminated in 1987 (currently
only human rights horrors how Syria has a longer record), the KMT has a grim
record as caretaker of the rights of Taiwan's residents. Only in the last
decade of the twentieth century was there any legal opposition party and only
in the last five years of it was the first direct presidential election, with
the 1996 term of incumbent, Lee Teng-hui, serving his final term as
president. In the next election, the Democratic Progressive Party
(DPP) saw Chen Shui-bian and Annette Lu become the
president/vice-president in the first non-KMT administration in the ROC. The
duo won a second term in 2004 and were precluded from another term in 2008,
when the KMT returned to power with the election of Ma Ying-jeou (fifty eight
percent and reelected in 2012 with fifty one percent). Disturbingly after Ma
took office, a vendetta has been pursued against Chen.
Rather than engage in a peaceful
transfer of power, which might have helped burnish the KMT image showing them
to be gracious winners rather than sore losers, the Ma administration pursued
any and every wisp of possible allegation in a set of legal proceedings that
were deeply disturbing and violated the international legal norms that we take
for granted in the developed and democratic world. Shifting charges, witness
intimidation, costumed harassment, and a public relations smear campaign did
not speak highly of the motivations of the prosecution (directed by Ma's
Special Prosecutor and only answerable to him) nor of any evidence as being
other than gauzily thin hearsay. It served to indict Ma himself as incapable of
reconciling an island that could only be called "polarized" in the
most charitable and expansive use of the term. On innumerable charges, and with
the KMT incapable of producing any definitive list of pending cases to us in
nearly three years of requests by us nor to even define in law the supposed
"inability" of Ma to offer better relief to a former president and
the only one from the opposition, Chen was sentenced to nineteen years and has
served over a third of his sentence.
Chen was jailed with considerable
prejudice and with clearly premeditated intent to silence dissent from the KMT
agenda. His conditions of detention were below those of an international
standard of prison conditions and his treatment was depressingly disregardful
of his position and state. While we firmly believe that all peoples should
receive equal treatment under the law, we also believe that it is a deeply
dangerous message to treat Chen so despicably for charges that appear to us
(and increasingly to the public and opinion leaders) to be trumped up and based
on accusations of nonviolent behaviors. As the first and only opposition leader
in the highest political office, Chen's supporters of all stripes both past and
current, and any who would deviate from a programmatically KMT-dictated agenda,
have been warned off with a hideous message. Ma has certainly shown his
willingness to attack any who deviate from his orthodoxy, including the KMT
members who happened to be Minister of Justice and the widely respected Speaker of the Legislative Yuan (Taiwan's single-house legislative House).
Additionally, his treatment during incarceration has, once again we state,
created new medical conditions that are serious and have made others worse (in
some cases permanent). This experience is another systematic attack on his
basic human rights.
What's new? What's new is that a panel
of special prosecutors has now dismissedany possibility of added money-laundering charges against
Chen after five years of his time in prison with sinking hope. After the
conviction of an earlier
special prosecutor, there should be serious suspicion
renewed and increased about the legitimacy, motivation, and impartiality of
this set of cases. Once again, Chen appears innocent of the array of charges
against him while his medically-verified ill-health has been caused,
aggravated, and made permanent because of the conditions of his incarceration.
Chen should be freed immediately and a special prosecutor might open an
investigation into Ma Ying-jeou himself.
Americans could use hearing more about
Taiwan's history, politics, and culture. Given that we spent decades declaring
that Taipei was the legitimate government of China only to suddenly lurch such
recognition to Beijing in an effort to contain and counter the Soviet Union,
you'd think we'd know more. You'd especially think we'd know more since we
continued to be the guarantor of Taiwan's autonomy with military exercises,
arms sales, and implied willingness to intervene on behalf of Taipei in the
event that Beijing were to use force. Moreover, as perhaps the standard-bearer
of East Asia's quickest shift from authoritarian rule to multiparty democracy
and a society as wired and hip as Tokyo (or Portland), you'd think we'd be at least aware of the stakes at
hand. As the de facto guardians of Taiwan's freedom when it comes to the
threats from Beijing, we are morally bound to speak up for Taiwan's human
rights protections and to withdraw support from those elements who would
eliminate them or apply them selectively.
Taiwan has seen tectonic changes in
only the last thirty years, mostly forward. But the last six years have seen
attempts to reverse the gains made, and it must cease so Taiwan can move
forward again. The people of Taiwan deserve the human rights gains they have
fought for, and for those gains to both continue and to be durable. It is time
to free Chen Shui-bian and to dump Ma Ying-jeou. Take a moment to contact your
Senators and Representatives in Congress (once again, see www.contactingthecongress.com for details on how) and ask them to speak up on
behalf of Chen Shui-bian and to watch carefully the rabidly vengeful Ma
Ying-jeou. There should most certainly be a resolution to prevent or deprive Ma
from obtaining a United States passport to use to flee with ill-gotten gains
after the end of his disastrous second term, but it is the freedom of Chen, and
the hope of the pluralist rights-loving Taiwanese themselves that is the most
important goal. Don't let the ugliness of Ma destroy the beautiful island.
The UDHR and other human rights
documents and standards affirms that human rights be available to everyone. It
shouldn't matter what party people belong to or whether they have a different
view than another party. It is time for all Taiwan to come to the defense of
hard-won principles and to not stand idly by while Ma lies and Chen dies. It is
time for Americans to speak up for what is right with a full-throated defense
of rights requested of their representatives. Chen's death (or even continued
demise of declining health) is an affront to the ideals of multiparty democracy,
impartial justice systems, and the imperative for peaceful transfers of power
between political parties.
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