~~~ 不變的憤怒鳥

昨天收到馬英九在哈佛的指導教授 Jerome A. Cohen 的回信。他在信中附上對最近臺灣局勢的看法,這篇應該就是發表在香港的 SOUTH CHINA MORNING POST。



按下圖可以看到原來的文件 (pdf 檔) :

以下是重編的英文檔 :

Improved cross-strait relations appear to have come at a cost to some civil liberties in Taiwan, writes Jerome Cohen

Ties that blind

Last week’s historic visit to Taiwan by Beijing’s crosss trait chief, Chen Yunlin, which culminated in four useful agreements, focused attention on issues of human rights as well as politics. Some issues concerned the proper government response to public protests in a free society. Others involved fair investigation of former and present government leaders suspected of corruption.

Chinese have recognised the importance of protecting foreign envoys or almost 3,000 years. The feudal states that contended for power before establishment of the Qin dynasty reciprocally assured the personal safety of their emissaries. Such protection has continued to be indispensable to interstate co-operation.

After police in Tainan failed to prevent an assault on Mr Chen’s deputy, president Ma Ying-jeou’s government was obligated to do better during Mr Chen’s visit.  Although police could not prevent Mr Chen from being trapped in a hotel for eight hours by a huge mob of protesters, they did defend him against bodily harm throughout a stressful week.

In doing so, they went beyond the limits of a free society, forbidding peaceful protesters from displaying Taiwanese and Tibetan flags, confiscating flags from demonstrators, closing a store that played Taiwanese songs and seeking to minimise the visitors’ awareness of the protests.  There were also incidents of police brutality, albeit sometimes in response to violent provocations by demonstrators.

The police misconduct even outraged many local supporters of Mr Chen’s visit. Mr Ma, in addition to implementing his campaign pledge to sponsor revision of the Assembly and Parade Law to eliminate protesters’ need for advance official permission, should recommend amendments prohibiting the kind of undemocratic police practices that recently occurred and order training designed to enhance police compliance with the law. It is encouraging to note that Democratic Progressive Party chairwoman Tsai Ing-wen, who led the massive opposition demonstration, has subsequently called not only for a government review of police misconduct but also for a re-examination by her own party of its failures to maintain order among its demonstrators. The DPP, if it is to fulfil its essential role as democratic opposition, must not degenerate into an army of street fighters.

Some Taiwanese and foreign critics took the occasion of Mr Chen’s visit to call attention to another crucial feature of democratic government – the fair prosecution of current and former officials suspected of corruption. The critics voiced three serious complaints about recent arrests and incommunicado detentions of prominent DPP figures who have served as government officials. They imply that the DPP is being singled out for prosecutions while corruption among Kuomintang leaders is being ignored. They also claim that: most DPP suspects have been held incommunicado without a court examination of the justification for their detentions; and that prosecutors’ offices have been leaking detrimental information about the suspects to the media while denying them knowledge of the leaks and a chance to refute the “trial by press”.

These practices, it is said, bring into question the political neutrality of the judiciary, and the presumption of innocence and other elements of due process required for the fair and open trials essential to democracy, raising the spectre of the unjust procedures of “the dark days of martial law” (1947-1987). It is not clear whether critics’ claims of “selective prosecution” are well founded. Recent arrests may simply reflect massive corruption by the DPP, which dominated executive government for the past eight years – corruption that allegedly reached as high as former president Chen Shui-bian and his family.

Oddly, although during the Chen administration some prosecutions were brought against both DPP and KMT figures, some obvious KMT targets were overlooked despite reportedly thick dossiers compiled by Control Yuan investigators. Mr Ma should appoint a commission of impartial experts to review such prosecutions.

It does not appear that any of the recently detained DPP figures were denied a court hearing or their right to counsel.  Moreover, there is a legislative basis for the courts’ decisions to detain them incommunicado for up to four months of investigation if there is a reasonable basis for believing that the suspects might otherwise falsify evidence. Yet, in view of the harshness of this pre-indictment
sanction and the obstacles it creates to mounting an adequate defence, it ought to be invoked rarely.

Certainly, the Legislative Yuan, or the commission suggested here, should reexamine legislation to strike a new balance between the threat of corruption to a democratic government and the threat of incommunicado detention to civil liberty.

The charge of biased prosecution leaks to the press seems to be the most straightforward of the critics’ complaints. Such leaks, which occur in many countries, do appear to have taken place and cannot be allowed in a democratic system.

Jerome A. Cohen is co-director of NYU’s US-Asia Law Institute and adjunct senior fellow at the Council on Foreign Relations


Comments on: "馬英九老師 ( Jerome A. Cohen )的評論" (8)

  1. 我看到第一段就已經有點吐血

  2. 這篇的重點

  3. 一個國民黨職業學生的指導教授, 他的學術立場恐怕是很值得推敲…

    文中提到中國人說兩國交戰不斬來使, 熟讀史書的都知道, 中國人一向以殺來使下馬威的.

  4. 文中體到幾點 在"假圖天國"已經有專人翻譯 支那日報還是依照中華人民共和國的自我催眠翻譯 實在是很痛心

    我們沒有足夠的證明說國民黨是在選擇性辦案 最近幾位遭逮捕的人物 或許正好可以反應民進黨執政8年從陳總統帶頭貪腐的情況

    比較諷刺的是 當年陳總統在辦理貪腐的對像並不分國民黨還是民進黨 甚至很多罪證確鑿的國民黨大魚都無法辦理 建議馬總統應該指派中立人士重新審查這些案件

    面對民進黨官員被羈押的嚴重情況而言 立法院或者是作者建議的委員會應該重新找出一個防治貪腐的民主政府和受羈押人權的平衡點

    一個號稱民主自由的國家 將預設立場的審判細節透露給新聞界並非前所未聞但也是於法不合

  5. 原文http://chairmancat.blogspot.com/
    2008年11月14日 星期五

    以下這篇文章選自MJ:簡單讀英文各位可以對照一下,國內的新聞媒體形容國際媒體對陳水扁收押,和文章中的觀察有何異同? 另外,日本和台灣的關係向來密切,在雲程兄所寫的各國報導CSB被羈押報導中,可以看到日本注意到此事件對於台灣/中國關係的影響,以及國民黨/民進黨勢力的消長。

    今天聯合報有一則新聞頭條是:扁遭收押 國際媒體大篇幅報導(連結可能失效),裡面舉了許多國際知名媒體對此事的報導,講得很像全世界都認同此次收押,是台灣國恥,或者全球都跟國內媒體一樣感到超級振奮,連入監獄得脫光光檢查也寫,似乎跟此有人不共戴天仇。十分有意思。

    Mr. Chen’s accountant and three of his senior advisers already have been detained in the corruption case but not indicted. Prosecutors in Taiwan are allowed to detain suspects for four months before an indictment.
    No evidence in the case has been made public. Taiwanese law requires all information be kept secret during an investigation.

    Mr. Chen’s stance alienated many voters, but many Taiwanese view him as almost a folk hero for his role seeking international recognition for the island.

    這句話很恰如其份,許多台灣人認同他追求台灣國際認同的角色,並視他為英雄(folk hero..有點傳奇性人物)。
    The detention is the latest chapter in a series of political dramas that have been unfolding in Taiwan for a few years as the island’s two major parties, the Kuomintang and the Democratic Progressive Party, have bickered over relations with China and traded accusations of corruption.
    A populist with a penchant for fiery rhetoric, he was known during his two terms for his strong opposition to Beijing and his insistence that Taiwan, which separated from China in 1949, was not a province of the mainland.

    Mr. Ma, who took office in May, has pushed for closer ties with the mainland and opened the possibility of eventual reunification.

    On Tuesday Chen was questioned for about five hours by prosecutors, who subsequently arrested him under a Taiwanese law that enables authorities to imprison a suspect for as long as four months before indictment.
    Newspapers across Asia Wednesday carried front-page images of Chen, handcuffed hands raised over his head, in an apparent gesture signaling he is a martyr defending Taiwan’s democracy and sovereignty.

    1. 陳水扁是在沒有起訴的狀況下,直接被關起來;
    2. 檢方還沒公布任何證據;
    3. 馬英九與中共關係密切,有朝終極統一前進的傾向。
    1. 請問為何還沒起訴,就可把人關起來?
    2. 請問證據公布了嗎?
    昨天我看到有個台老美的部落格寫說,國內檢察官若喜歡玩這種「沒起訴先押人取供」的花招,應該可去Guantanamo應徵工作(看過Tom Cruise主演的A Few Good Men嗎?),裡面有不少同好。

  6. 上篇文章的原文聯結:

  7. 馬政府包庇司法院圖利律師.違法遴選律師充任法官.扁案所有判決無效
    經向TVBS與馬總統檢舉未獲回應.如果我們現在不挺身而出.下一次或我們的子孫再遭到不公平的司法待遇.甚至司法迫害那只能說是報應.希望結合大家的力量改革司法.如果願意連署請跟我連絡或寄至x54389456@yahoo.com.tw 信箱【請大家基於社會公平正義幫忙轉載或張貼本文】




WordPress.com Logo

您的留言將使用 WordPress.com 帳號。 登出 /  變更 )

Google+ photo

您的留言將使用 Google+ 帳號。 登出 /  變更 )

Twitter picture

您的留言將使用 Twitter 帳號。 登出 /  變更 )


您的留言將使用 Facebook 帳號。 登出 /  變更 )


連結到 %s


%d 位部落客按了讚: