2011年6月2日 星期四

政治迫害

扁案可以換法官、長期羈押、威脅李界木、洩漏消息給媒體進行媒體審判、檢察官一字排開發重誓、把扁律師送懲戒、以偽證罪逼迫相關被告與證人就範、偵訊李界木時隱藏對他和扁有利之公文、舉行司法宴宣布判決要符合期待、起訴判扁無罪的法官、拔除洪英花庭長職務、要求杜麗萍咬扁、最高法院檢察署通知三歲娃有來署說明之必要、處罰絕食抗議、搜索通訊受完整監視的扁牢房, 這叫政治迫害, 美國前官員與各國學者、作家更是寫了一系列公開信直指馬政府政治運作扁案與其他針對綠營人士的案子.



龍潭案辜成允 & 辜仲諒稱無行賄、蔡銘杰稱沒有受指示行賄、亦無證據證明扁知道珍收政治獻金(僅憑夫妻間當然知情認定之)、所謂「扁指示採第一方案時」的在場人士, 即魏哲和李界木游錫方方土、林信義則稱無指示、一切合法等, 李界木在偵訊時稱採第一方案是大家的共識, 還被威脅大家共識大家一起死等語 (亦請見這裡YouTube上的偵訊影片), 而所謂行賄後成功賣出土地的辜成允, 則是以低於市價賣出的, 可見歷次對質審判筆錄.



二次金改案一審的判決理由花了超大的篇幅在證明此案無對價關係之存在, 理由甚多, 主要有兩點: (一) 國泰蔡家是依照蔡萬霖生前的囑咐捐款, 且款項來源也是蔡萬霖之財產, 並非合併世華之對價, (二) 公股代表在元大併復華金控的過程中, 一向表達反對並皆投反對票, 並未因元大馬家給吳淑珍的政治獻金而有所改變, 亦無證據顯示元大馬家有行賄之意或扁珍有應允之意. 其實此案的判決理由是「非總統職權」與「無對價關係」兩項, 但媒體甚至法界總是惡意忽略後者, 以使人誤以為有對價關係, 僅因非屬總統職權而判無罪.



最近則爆發辜仲諒依特偵組意見咬扁的紅火案事件, 只能說中華民國流亡政府的檢調和司法是政治的走狗.

Some open letters by scholars and writers to Ma's government of the ROC in exile

  • Open letter to Ma Ying-jeou’s KMT government
    ... It appears to be an attempt to use the Control Yuan and judicial system for political ends, in an effort to appear “legal” and avoid criticism by foreign governments and human rights groups...

  • Open letter on erosion of justice in Taiwan
    ... We also believe that the procedures followed by the prosecutor’s offices are severely flawed... This is a severe contravention of the writ of habeas corpus and a basic violation of due process, justice and the rule of law. ... This kind of “trial by press” is a violation of the basic standards of judicial procedures. It also gives the distinct impression that the Kuomintang (KMT) authorities are using the judicial system to get even with members of the former DPP government...

  • Eroding justice: Open letter No. 2
    ... This casts severe doubts on the impartiality of the judicial system... ... When they were detained, they were subjected to lengthy interrogations — in some cases for up to 20 hours — which bore the character of a “fishing expedition,” and do not represent a formal indictment in any legal sense... ... this is a grave infringement on international norms regarding lawyer-client privilege... ... if the ministry proceeds along these lines, this will be perceived as a direct confirmation of the strong political bias of the judicial system... ... The problem is that the present system is being used in a very partial fashion... ... it is hard to see how the persons involved — including former president Chen — can have a fair trial in Taiwan... ... we do remain deeply disturbed by the erosion of justice in Taiwan...

  • Eroding justice: Open letter No. 3
    ... The switch of the case from a three-panel court that released him on his own cognizance on Dec. 13 to a court that subsequently re-incarcerated him on Dec. 25 — both Christmas Day and Constitution Day — seems to have resulted from political pressure from KMT members of the Legislative Yuan... ... This pattern of behavior displays a distinct bias in the judicial system and a disregard for fair and impartial processes... ... In our view the actions by the prosecutors and the comment by Minister Wang display a lack of judicial professionalism and political neutrality... ... both the right of the accused to a fair trial, and the presumption of innocence have been seriously jeopardized...

  • Open letter to Taiwan’s president
    ... In the case of the former president, it is evident that the prosecution is heavily tainted by political bias, and that the former president is being treated badly out of spite for the political views and the positions he took during his presidency...

  • An open letter to Taiwan’s president
    ... They are also reflected in the expressions of concern by international scholars and friends of Taiwan related to the flaws in the judicial proceedings against former president Chen Shui-bian (陳水扁) and the apparent lack of neutrality in the continuing “investigations” and indictments of other prominent members of the former DPP government...