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on Policy Research and Coordination Democratic Progressive Party Taipei, TAIWAN Introduction The scope of the concept of ``judicial`` contained in this report comprises, in addition to the commonly understood court system, prosecutors` offices and the Ministry of Justice Investigation Bureau (MJIB). During the process of Taiwan`s democratization after five decades of ``hard`` or ``soft`` authoritarianism under Chinese Nationalist Party (Kuomintang or KMT) rule, there have been two transfers of power between political parties from the KMT (after ruling Taiwan for nearly 55 years) to the DPP in May 2000 and back to the KMT in May 2008. During the previous period of governance by the Democratic Progressive Party from May 2000 to May 2008, judicial reforms were limited to the superficial organizational adjustments. Deeper and more significant aspects, such as enhancing the quality of judicial personnel and education and training, were barely touched during the reexaminations of our justice system. Moreover, the failure of the DPP to thoroughly realize transitional justice during its eight years in government aggravated the lack of independence in the overall operation of the
judicial system. Personnel in the judicial system have not changed their concepts or mentalities in step with changing times and the entire judicial system continues to be plagued by a worrying lack of understanding of democratic principles and values. This shortcoming is manifested in the double standards and lack of respect of fundamental human rights commonly displayed by prosecutors, police, investigators and judges in the judicial process as well as the lack of effective external monitoring or balancing mechanisms. Even if a portion of the personnel in the judiciary are aware of the importance of the independence of judicial judgments and endeavor to enhance their professionalism, they still often lack sufficient understanding of social realities due to the structural factors that have impeded democratization of the justice system. Even though there have been transfers of political power at the executive level, the concept of ``judicial independence`` remains a mere slogan. Indeed, the use of this term as a tool for persons who cooperate in attacks upon dissidents has made it even more difficult to upgrade the quality of judgments or to build confidence among citizens in the credibility of the judiciary and has thus perpetuated a vicious downward spiral. In fact, the lack of fairness of the judiciary has generated severe privations and lasting pain in the hearts of persons who have been directly impacted by its operation. If this is the case faced by ordinary people, then there is little need to add any
description of the feelings of our DPP members who served or are serving in Government, many of whom have suffered the loss of their reputations and political futures and even imprisonment. Such cases, even if they finally are found to be innocent, will be shadowed by these experiences for the rest of their lives. Indeed, with regard to all the persons cited as defendants in criminal cases, prosecutors and MJIB investigators have manifested marked prejudice toward politicians. The most commonly seen example is the fact that the principle of ``confidentiality of investigations`` has became a dead letter as numerous details of the investigations of cases under prosecution have been continuously leaked to the public. In addition, investigative methods adopted by prosecutors and investigations have recurrently transgressed the principle of proportionality. Examples include the use of intense pressure or intimidation on persons to turn state witness (even to the extent of inciting state witnesses to commit perjury as a condition for a plea bargain). There should be little surprise that cases constructed through the use of inconceivable and unsupportable judicial procedures have frequently ended in acquittals once they are put to the test of rigorous examination of evidence by competent judges. In the light of such cases, it is natural for ordinary people in our society to sense a yawning gap between their expectations for justice and the actual operation of the judicial system and to feel even less confidence in the operation of the justice system.
Generally speaking, prosecution offices and the MJIB are the agencies that launch investigations. Therefore, this report will primarily focus on major cases in which DPP members have been subjected to arbitrary investigations launched by prosecutors or the MJIB or indicted in abuses of prosecutorial powers. This report will list numerous cases in which DPP members who served or are serving in government have been subjected to unfair and unjust treatment at the hands of the judiciary and provide brief explanations. In order to distinguish between ``objective`` unfair treatment or ``subjective`` prejudice, we have divided the cases into three types as follows: * Type I refers to judicial cases involving DPP members who held government positions in which they have already been acquitted, not indicted or not indicted with the investigation closed; * Type II refers to cases in which DPP members who held government positions were subjected to unfair judicial treatment and which have already entered and have not yet completed the trial process but in which the most recent judgment remains ``not guilty``; and, * Type III which refers to cases in which prosecutors and investigators obviously transgressed the principle of proportionality or displayed other forms of bias.
Type I: Cases Featuring Acquittals or Closure without Indictments This section includes judicial cases in which DPP members who served in government were subjected to investigations or were indicted and simultaneously subjected to large-scale attacks by certain media linked with the KMT that sparked misunderstandings in public opinion. The persons subjected to such campaigns, even if they finally were judged to be innocent, have yet to be truly cleared in the eyes of the public. Among these cases are examples in which the courts have issued final judgments of innocence. These include the cases of former National Science Council vice chairman Shieh Ching-jyh in the Taiwan High-Speed Railway System Vibration Control Contract case, former Nantou County mayor Peng Pai-hsien who received a ``not guilty`` verdict after 10 years of legal battles over corruption charges, former presidential secretarygeneral Chiou I-jen who was finally confirmed to be ``not guilty`` in the so-called ``Stabilize Asia`` (An-Ya) case and in the so-called Papua New Guinea diplomatic scandal case, and former DPP secretary-general Wu Nai-jen in a case regarding alleged ``gangster entertainment expenses.`` In addition, there were cases in which prosecutors did not issue indictments after allegations were made or after extended investigations launched against DPP government official, such as in the allegations made against former DPP chairwoman and presidential candidate Tsai Ing-wen of malfeasance in the so-called Yu5
Chang (TaiMed Biologics, TMD) case that affected the course of the January 2012 presidential election and the ``Taiwan Goal`` case involving former DPP secretary-general Wu Nai-jen. * The following descriptions, updated to January 13, 2013, will include the name of the concerned DPP members, the position or assignments they held in government, the nature of their alleged crimes and the past and present situation. (1) Peng Pai-hsien Former Nantou County commissioner (mayor) After a 7.6 magnitude temblor hit central Taiwan on September 21, 1999, Nantou County commissioner Peng Pai-hsien was charged with corruption and improperly benefiting other persons with relation to the construction of a temporary office building for the Hushan Farm, agricultural roads, furniture and equipment and other alleged misappropriations of earthquake relief funds related to earthquake recovery. Prosecutors indicted Peng for corruption and asked for a sentence of 20 years. * From investigation through the final trial, this case took a total of 11 years to be resolved. During this time, Peng was detained for a total of 61 days. He was found ``not guilty`` on the corruption charges by the Taiwan High Court on November 25, 2004. [FN1] * On July 28, 2011, the Taiwan Supreme Court finalized a ``not guilty`` judgment. [FN2]
(2) Su Huan-chih Former Tainan County commissioner (case erupted during last week before completion of second four - year term and the first week after his term ended) Southern Taiwan Science-Based Industrial Park Special Zones F and G Development Case * On December 17, 2010, prosecutors without any warning launched a major search of the official residence and office of Tainan County Commissioner Su Huan-chih and the offices of related bureaus in the Tainan County government. [FN3] * Tainan District prosecutors and MJIB investigators divided into five groups to carry out the searches and Su was detained by prosecutors for questioning. However, prosecutors took no further action and did not issue any indictments. (3) Hsu Tain-tsair Former Tainan City mayor Suspected of permitting NT$210 million in benefits to businesses in the ``Tainan City Hai-an Road Underground Mall`` project * On April 10, 2007, the Tainan District Prosecutors Office indicted Hsu, along with nine other persons, for corruption, graft, favoritism and forgery and other violations under the Government Procurement Act and
asked for a 12 - year sentence for the then serving mayor. [FN4] * On August 24, 2009, the Tainan District Court found Hsu not guilty of all charges, but prosecutors filed an appeal on September 19. * On August 12, 2011, the Taiwan High Court upheld the lower court ruling and confirmed the non-guilty verdicts for the entire case. [FN5] (4) Chiou I-jen Former National Security Council secretarygeneral Chiou was accused of embezzling US$500,000 in the so-called ``Stabilize Asia`` (An-Ya) diplomatic initiative case and was indicted for using his official position to defraud the government under the Anti-Corruption Act by the Special Investigation Division (SID of the Supreme Prosecutors Office. * Beginning on October 31, 2008, Chiou was detained by the SID incommunicado for 51 days and subjected to having his hair cut as a convict and other demeaning treatment by guards in the detention center. * On August 30, 2011, the Taipei District Court issued a ``non-guilty`` verdict. * On June 20, 2012, the Taiwan High Court also found Chiou non-guilty and thus confirmed his innocence as prosecutors decided on December 25, 2012 not to file a second appeal. [FN6] * Chiou may be able to receive over
NT$250,000 in compensation for his wrongful imprisonment. (5) Michael Kau Ying-mao Former deputy foreign minister Kau was accused of embezzling US$500,000 in the so-called ``Stabilize Asia`` (An-Ya) diplomatic initiative case and was suspected of using his official position for extortion under the Anti-Corruption Act and defrauding the government. * On August 30, 2011, the Taipei District Court issued a ``non-guilty`` verdict. * On June 20, 2012, the Taiwan High Court also found Kau non-guilty (under the Criminal Speedy Trial Act, this judgement was equivalent to a final not guilty verdict). [FN7] (6) Shieh Ching-jyh Former National Science Council deputy chairman Southern Taiwan Science-Based Industrial Park Taiwan High-Speed Railway Vibration Control case * Prosecutors indicted Shieh on corruption charges and detained him for 59 days for interrogation in December 2006. [FN8] * The Tainan District Court and the Taiwan High Court acquitted Shieh in the first and second level trials, but the case was
returned to the High Court for retrial upon appeal by prosecutors. * On August 4, 2012, Shieh`s case ended with acquittal after he was again found not guilty in the first retrial and prosecutors decided against further appeals. [FN9] (7) Shih Shou-chien Lin Po-ting Former National Palace Museum director Former NPM deputy director * Accused in 2007 of corruption in renovation projects for the National Palace Museum * In the NPM Southern Branch Procurement Bidding Case, five persons, including Shih and Lin, were accused of illegally revising the criteria for the contract bids to favor certain companies and leaking the bid price. After other bidders appealed to the Public Construction Commission of the Executive Yuan, PCC commissioners annulled the tender, thus causing the NPM to be sued by the companies who won the bid and costing the museum NT$390 billion in losses. * The Taipei Shih-lin District Prosecutors Office asked for a 15-year sentence for Shih, but the trial concluded on April 30, 2009 with Shih`s acquittal. * The Taipei Shih-lin District Prosecutors Office completed investigation of the NPM Southern Branch case on August 25, 2009 and indicted Shih, Lin and other persons on corruption and other charges and asked for heavy sentences. * On September 1, 2009, the Shihlin District
Court found Shih, Lin and the other defendants not guilty in their first trial. * On November 29, 2011, the Taiwan High Court found Shih, Lin and other defendants not guilty in their second-level trial for the NPM Expansion case. * On September 20, 2012, the Taiwan High Court again issued not guilty verdicts for Shih, Lin and the other three defendants in the NPM Southern Branch case. [FN10] (8) Lin Ling-san Former minister of transportation and communications Suspected of illegally revising procurement bid conditions for the ETC (electronic toll collection) system On September 3, 2010, the Taipei District Prosecutors Office ended the case and decided not to issue an indictment. (9) Annette Lu Hsiu-lien Former vice president State affairs fund case * Indicted for corruption for using fraudulent receipts to claim state affairs funds on September 21, 2007 by Supreme Prosecutor's Office. * Acquitted on July 2, 2012 by Taipei District Court.[FN11]
(10) Yu Shyi-kun DPP senior advisor Former DPP chairman Former presidential secretary-general Former premier State Affairs Fund case: Yu`s spouse Yang Pao-yu, his secretary and bodyguard were suspected of collecting a total of 516 receipts from other persons and claimed compensation from the state affairs fund for over NT$238,000. Yu was suspected of forging official documents and extortion under the Anti-Corruption Act. * Indicted for corruption for using fraudulent receipts to claim state affairs funds on September 21, 2007 by Supreme Prosecutor's Office. * Acquitted on July 2, 2012 by Taipei District Court. [FN12] (11) Frank Hsieh Chang-ting Former premier Former DPP chairman DPP presidential nominee in 2008 election The chairperson of the management committee of the Yu Huang Temple in Kaohsiung City rented city - owned land in order to purchase land; Due to a complaint by an anonymous informant, Kaohsiung District Prosecutors launched an investigation and then filed charges against Hsieh on suspicion of
violating the Anti-Corruption Act in a case that has lasted over 10 years. [FN13] * On August 13, 2012, the Kaohsiung District Prosecutors Office quietly closed the case without indicting Hsieh, but the case inflicted major damage to by dragging on without resolution for over a decade. (12) Mark Chen Tang-shan Former presidential secretary-general Special Executive Allowance Fund case * Indicted by Supreme Prosecutors Office's Special Investigation Division for corruption and forgery on September 21, 2007 in the Special Executive Allowance Funds Case [FN14] * On November 29, 2011, the Taipei District Court dropped the charges against Chen. [FN15] (13) Tu Cheng-sheng Former minister of education Former National Palace Museum director Special Executive Allowance Case * Taipei District Court dropped charges against Tu Cheng-sheng on November 29, 2011. * Two of Tu`s secretaries in the Education Ministry, Ms Chen Hsiang-cheng and Kuo Hsiuhsia, were convicted and given light sentences of one year and four months and two years, respectively, which are being
appealed. [FN16] (14) Lee Yi-yang Former interior minister Special Executive Allowance Case * On November 29, 2011, the Taipei District Court dropped the charges against Lee. (15) Shih Mao-lin Former justice minister Special Executive Allowance Case * On November 29, 2011, the Taipei District Court dropped the charges against Shih. (16) Chu Wu-hsian Former Central Personnel Administration director-general Special Executive Allowance Case * On November 29, 2011, the Taipei District Court dropped the charges against Chu.
(17) Hsu Yang-ming Former Tainan City deputy mayor
Special Executive Allowance Case: Indicted under Article 5, Section 1, Paragraph 2 of the Anti-Corruption Act for withholding public funds without authorization with an intent to profit. * Indicted on March 12, 2007 * Acquittal confirmed on November 4, 2010 [FN17] (18) Wu Li-pei Former senior presidential policy advisor Suspected of ``money laundering`` in connection with the State Funds Case and Lungtan Land Procurement Cases of former president Chen Shui-bian Taipei District Court found that Wu Li-pei had no criminal intention and issued a not guilty verdict in the second financial reform case on November 3, 2011 and SID prosecutors decided not to appeal the ruling. (19) Chen Che-nan Former deputy presidential secretary-general (a) Suspected of providing benefits for the Huapan Co. in the brokerage and management of Thai foreign workers in the Kaohsiung Rapid Transit Corporation (KRTCsystem construction project. * Judged to be not guilty in first and second-level trials.
* On February 25, 2009, the Kaohsiung Branch of the Taiwan High Prosecutors Office maintained that the second trial verdict did not violate existing laws and decided not to appeal its verdict, thus closing the case. [FN18] (b) SOGO Financial Assistance Case * The Taipei District Prosecutors Office closed the case due to lack of evidence. (c) Chen You-hao campaign funds case * The Taipei District Prosecutors Office closed the case due to lack of evidence. [FN19] (20) Chou Li-liang Former Kaohsiung Mass Rapid Transit Bureau director-general * Kaohsiung Mass Rapid Transit System Bureau corruption case: Prosecutors accused Kaohsiung Rapid Transit Co (KRTCO) vice chairman Chen Min-hsien, KMRTB Director Chou Li-liang and KRTCO President Lai Hsien-yu of accepting bribes and ``hospitality,`` leaking the bottom-line bid price in violation of the Government Procurement Act and favoritism. * On May 23, 2006, the Kaohsiung District Court issued a verdict of not guilty to Chou Li-liang in his first - level trial. * On July 31, 2007, Chen, Lai and Chou received ``not guilty`` verdicts in their second trial by High Court judges based on a statement by the Public Construction
Commission that the six projects concerned in the indictment did not come under the jurisdiction of the Government Procurement Law. * On July 5, 2012, the Taiwan Supreme Court confirmed the verdict of ``not guilty`` for Chou Li-liang. [FN20] (21) Huang Wei-cher Legislator (Tainan County) Kunling Mountain Cemetery Development Case: Prosecutors indicted Huang for accepting NT$3 million in bribes from developers through his legislative assistant in 2006-2007. * On December 30, 2010, the Tainan District Court accepted the testimony of Huang and his assistant that the payments had been campaign contributions and issued verdicts of not guilty. * On September 22, 2011, the Tainan Branch of the Taiwan High Court rejected the appeal of prosecutors to a district court verdict of ``not guilty`` based on its determination that Huang Wei-cheh had received a contribution but that it was a campaign contribution and therefore could not be considered a bribe. Due to the provisions of the Criminal Speedy Trial Act, Huang`s ``not guilty`` verdict was thereby confirmed as he had been acquitted in both the first and second - level trial proceedings. (22) Tsai Ing-wen
Former deputy premier Former DPP chairwoman DPP presidential nominee in January 2012 election Beginning in November 2011, then Council for Economic Planning and Development chairwoman Christina Liu Yi-ju held a series of news conferences regarding the process of the creation of Yu Chang Biologics Co (now known as TaiMed Biologics Inc) in which she openly charged that the process of the biotechnology company had been illegal, transgressed provisions for the avoidance of conflict of interest by senior government officials and contained a ``revolving door`` provision and contained doubts of corruption and turned over documentation as evidence to prosecutors. Tsai had been vice premier when the company was founded and later became its chairman, a post which she quit upon becoming DPP chairwoman in May 2008. In the wake of Liu`s statements, numerous KMT politicians, including then premier and KMT vice presidential candidate Wu Den-yi, his spouse Tsai Ling-yi and then KMT legislator Chiu Yi openly accused Tsai of lining her own pockets and profiteering for herself and family members in the process of investing and divesting in the company. * On August 15, 2012, the Special Investigation Division (SID) of the Supreme Prosecutors Office completed its investigation of the case and decided not to indict Tsai Ing-wen, former CEPD chairwoman Ho Mei-yueh and Harvard University Professor Chen Lan-bo. However, former CEPD chairman Hu Cheng-sheng was separately indicted by Taipei
District prosecutors on suspicion of having violated ``anti-revolving door`` regulations. [FN21] * However, suits filed by the DPP that Wu Den-yi, Christine Liu and other KMT politicians had violated the Election and Recall Act by falsifying documents and using illegal means to try to prevent a person from being elected were also closed by the SID the same day. (23) Wu Nai-jen Former board chairman of Taiwan Sugar Co Former Taiwan Stock Exchange Corp chairman Former DPP secretary-general (a) Fraudulent use of public funds through false claims against receipts for official entertaining expenditures * On June 13, 2012, the Taipei District Court found Wu ``not guilty.`` * On September 4, 2012, the Taiwan High Court rejected an appeal filed by prosecutors and thus confirmed Wu`s ``not guilty`` verdict. (b) Taiwan Goal case: Wu Nai-jen was accused of violating the Company Act by failing to truthfully report shareholdings and referred to the Taipei District Prosecutors` Office for investigation * On December 25, 2008, Senior Prosecutor Chung Chun-jen closed the investigation and decided not to indict Wu Nai-jen on the grounds that Taiwan Goal had already accepted sufficient initial capitalization of NT$80
million and had not violated the stipulations of the Company Act. [FN22] (24) Wu Ming-min Former legislator In 2007, after accepting the sponsorship of the ``Taiwan Organic Alliance,`` Wu was accused of using his powers as legislator to lobby and put pressure on the Forestry Bureau of the Council of Agriculture. * On December 23, 2008, Wu was indicted under the Anti-Corruption Act. * On August 31, 2010, the Nantou District Court issued a verdict of ``not guilty`` in the first - level trial. * On January 31, 2011, the Taichung Branch of the High Court rejected an appeal by Nantou District prosecutors and upheld the ``not guilty`` verdict. * On February 9, 2012, the Taiwan Supreme Court rejected an appeal by prosecutors and confirmed the ``not guilty`` verdict. [FN23] (26) Su Chih-fen Yunlin County Commissioner Indicted in Wakema Environmental Technology bribery case and Yunlin Chang Gung Memorial Hospital Main Building Expansion bribery case * Prosecutors and investigators surrounded
and searched Yunlin County Commissioner Su Chih-fen`s official residence at 6 am on the morning of November 4, 2008 and placed Su under arrest. Su used the methods of refusing to post bail and a hunger strike for over 250 hours to protest the action and was finally released. * On November 14, 2008, Yunlin District prosecutors indicted Su Chih-fen on bribery charges and asked for a 15-year sentence and deprivation of political rights for eight years. [FN24] * On April 29, 2011, Su was acquitted in the first trial on the grounds that she had refused to accept the bribe and therefore had no intention of being bribed. [FN25] * On August 31, 2012, the High Court confirmed the verdict of ``not guilty`` for Su in the appellate trial. * On January 10, 2013, the Supreme Court rejected the appeal of the prosecutors and confirmed the ``not guilty`` verdict for Su Chi-fen.
TYPE II: Cases so far Judged `Not Guilty` This section includes cases in which DPP members serving in government have been subjected to unfair treatment by the judiciary, but whose cases have either entered the trial process or have not yet been finalized but whose most recent verdict remains ``not guilty.`` These cases include the Wakema Environmental Technology and the Yunlin Chang Gung Memorial Hospital Main Building Expansion bribery cases in which
Yunlin County Commissioner Ms Su Chih-fen was indicted and the National Chinese Herbal Apothecary Association bribery scandal in which former DPP legislators Lee Chun-yi and Jao Yung-ching were indicted. In these cases, the most recent verdicts have been ``not guilty`` but since they have not been finalized, they remain classified as ``Type II.`` If prosecutors decide not to file appeals, they will be transferred into ``Type I`` upon confirmation of their ``not guilty`` judgments. * The following descriptions, updated to January 13, 2013, will include the name of the concerned DPP members, the position or assignments they held in government, the nature of their alleged crimes and the past and present situation. (27) Chen Shui-bian Former president (a) State Affairs Fund corruption case * On August 26, 2011, the Taiwan High Court reversed the lower court ruling and judged Chen ``not guilty`` of the charges in the corruption portion of the State Affairs Fund case. [FN26] (b) Second Phrase Financial Reform case * On November 5, 2010, the Taipei District Court issued ``not guilty`` verdicts for Chen Shui-bian and 20 other defendants. [FN27]
(c) Suspicion of embezzlement of US$330,000 in secret diplomatic funds * On April 28, 2011, the Taiwan Supreme Court issued a ``not guilty`` verdict for Chen Shui-bian in the case of embezzlement of US$330,000 in secret diplomatic funds. [FN28] (d) Suspicion of inciting others to give false testimony before the exposure of the State Affairs Fund scandal * On August 17, 2012, the Taiwan High Court reversed the conviction and a two-month sentence given to Chen by the Taipei District Court in July 2011 and judged the former president to be ``not guilty.`` [FN29] Upon appeal by prosecutors, on December 14, 2012, the Supreme Court vacated the High Court ruling and remanded the case to the High Court. [FN30] (28) Chen Che-nan Former deputy presidential secretary-general Accused of using his official status to receive inside information and use the accounts of Kao Shen-shen and other persons to manipulate and engage in speculation on Chihkan Technology Co and 25 other stocks. * On July 7, 2006, Taipei District prosecutors indicted Chen Che-nan for violating the Securities and Exchange Act for one count of insider trading and asked for a sentence of four years imprisonment.
* On December 13, 2006, the Taipei District Court issued a ``not guilty`` verdict to Chen Che-nan on the insider trading charge, although he was convicted and given a 12-year sentence for taking bribes in the same proceedings. [FN31] (29) Hsu Hsiang-kun Former Taiwan Water Co chairman Hsu, along with several other individuals, was alleged to have accepted NT$15 million in bribes and kick-backs from contractors of major construction projects carried out by the Taiwan Water Co beginning in 2006, including the ``Mutan Project`` in Pingtung County, the ``Tagangshan Project`` in Kaohsiung County, the ``Nanhua Project`` in Tainan County and the ``Penghu Project`` in Penghu County. Hsu was also alleged to have used his official powers to require TWC subordinates to collude with him in soliciting bribes or leak information on the bottom -line price for construction bids to certain companies. [FN32] * The Kaohsiung District Prosecutors` Office indicted Hsu on July 4, 2008 on charges of corruption, breach of trust and leaking secrets. [FN33] * On August 30, 2010, the Kaohsiung District Court issued a verdict of ``not guilty`` in the first - level trial. [FN34] (30) Lin Shang-kai
Former Kaohsiung City Bureau of Finance director - general Indicted along with two other persons for corruption in connection with the alleged sub-market-price sale of city land to the Guang Ji Temple. * On April 14, 2009, the Kaohsiung District Court found Lin Shang-kai to be not guilty. * On August 31, 2009, the Kaohsiung Branch of the Taiwan High Court upheld his acquittal. (31) Kao Jyh-peng Legislator Yao Sheng-chih, vice director of Kao Jyhpeng`s legislative office, lobbied the National Property Administration (NPA) to help a construction company owner lease a plot of state land in Taichung City. After accepting a bribe from the contractor, Yao turned state evidence and accused Kao of accepting NT$500,000 of the NT$2 million bribe.
* On October 22, 2007, Nantou District prosecutors indicted Kao and asked for a sentence of nine years imprisonment with the the abrogation of political rights for seven years and a NT$2 million fine. [FN35] * On July 16, 2009, Kao was convicted by the Nantou District Court and sentenced to five years and six months in jail. * On January 20, 2011, the Taichung branch of
the Taiwan High Court found both Kao and Yao to be not guilty in their appeal trial as the decision whether to lease such land was a matter for the NPA to decide and not within Kao`s power to influence.[FN36] (32) Lee Chun-yi Jao Yung-ching Former DPP legislators Indicted for accepting bribes of NT$1 million from the National Chinese Herbal Apothecary Association in 1998 * On January 9, 2008, the SID indicted Lee, Jao and other implicated lawmakers for corruption. * On January 23, 2009, the Taipei District Court found Lee and Jao to be ``not guilty.`` [FN37] * On February 13, 2009, prosecutors filed an appeal. * On September 8, 2010, the Taiwan High Court reversed the lower court decision and found Lee and Chao guilty. * On September 29, the two legislators appealed the verdict. * On March 10, 2011, the Supreme Court found the defendants ``not guilty`` and remanded the case back to the Taiwan High Court for retrial. * On August 29, 2012, the Taiwan High Court found the two former legislators ``not guilty`` in their retrial (prosecutors are now considering appealing the ruling). [FN38]
(33) Kung Jaw-sheng Former Financial Supervision Commission chairman Kung was accused of improperly benefiting others and breach of trust in three cases of corruption during his service as chairman of the state-owned Taiwan Sugar Co (Taisugar) from 2003 through June 30, 2004. Kung was accused of granting a certain company exclusive distribution rights to market upscale collagen cosmetics products and opening an ``Orchid Coffee Shop`` without following the proper public procurement process and improperly hiring his sister-inlaw as an adviser. * In May 2006, Kung was arrested and released on NT$500,000 bail and was indicted on August 31, 2006 on three counts of corruption with a requested sentence of seven years. * On May 31, 2008, the Taipei District Court found Kung ``not guilty`` and ``exempt from prosecution`` as it determined that there had been no illegal favoritism of private individuals, breach of trust or corruption of civil service employees and that no harm had been inflicted on Taisugar. * On March 5, 2009, the Taiwan High Court judged Kung to be not guilty and exempt from prosecution. * On October 20, 2010, the Taiwan High Court in its second trial rejected the appeal by prosecutors and found Kung to be not guilty. [FN39]
(34) Huang Li-chen Former mayor of Puzhi City in Chiayi County Puzhi City mayor Ms Huang Li-chen, city government secretary Lin Chih-wei and two other city officials were indicted for collaborating with construction companies and issuing an illegal tender. * On January 22, 2009, Huang and three other city officials were indicted for corruption by Chiayi District prosecutors. * On July 22, 2010, the Chiayi District Court found Huang Li-chen to be ``not guilty.`` * On October 4, 2012, the Tainan branch of the Taiwan High Court issued a verdict of ``not guilty.`` TYPE III: Cases with violations of the principle of proportionality This section mainly collects cases in which prosecutors and investigators have obviously violated the legal principle of proportionality during the course of their investigations or have manifested severe bias. For example, over 400 prosecutors, investigators and police were mobilized in July 2012 to conduct massive searches of the offices and residences DPP Legislator Chen Ming-wen and Chiayi County Commissioner Chang Hua-kuan in the investigation of the socalled Chiayi Vanilla and Herbal Medicine Biotechnology Park case. However, after the exposure of the bribery case involving former Executive Yuan (Cabinet) secretary-general Lin Yi-shih in the same month, prosecutors did not even carry out a search of Lin`s
office. Another example was the demeaning treatment, including the administration of an inmate-style haircut, given to former presidential secretary-general Chiou I-jen when he was placed under detention for questioning in the so-called ``An-Ya case.`` * The following descriptions, updated to January 13, 2013, will include the name of the concerned DPP members, the position or assignments they held in government, the nature of their alleged crimes and the past and present situation. (35) Su Chih-fen Yunlin County Commissioner Indicted in Wakema Environmental Technology bribery case and Yunlin Chang Gung Memorial Hospital Main Building Expansion bribery case * Prosecutors and investigators surrounded and searched Yunlin County Commissioner Su Chih-fen`s official residence at 6 am on the morning of November 4, 2008 and placed Su under arrest. Su used the methods of refusing to post bail and a hunger strike for over 250 hours to protest the action and was finally released. * On November 14, 2008, Yunlin District prosecutors indicted Su Chih-fen on bribery charges and asked for a 15-year sentence and deprivation of political rights for eight years. * On April 29, 2011, Su was acquitted in the first trial on the grounds that she had
refused to accept the bribe and therefore had no intention of being bribed. * On August 31, 2012, the High Court confirmed the verdict of ``not guilty`` for Su in the appellate trial. (36) Chen Ming-wen Former Chiayi County commissioner DPP Legislator Chiayi Vanilla and Herbal Medicine Biotechnology Park (new case) * On July 31, 2012, the Kaohsiung District Prosecutors` Office mobilized 26 prosecutors and over 400 investigators divided into over 10 columns to carry out searches of Chen`s offices and residences and a total of over 50 locations in Chiayi County and Kaohsiung City. Prosecutors also interrogated Chen for over 20 hours before he was released on NT$1 million bail. also conducted over 20 hours of interrogation * Chen Ming-wen was accused of accepting bribes from a developer aiming to secure a bid on the biotech park (which is now the Dapumei Precision Machinery Innovation Technology Park). [FN40] * Chen Ming-wen maintains that his relationship with the developer is only that of ``borrower`` of funds and that he is currently is engaged in a legal dispute with the developer and therefore could not possibly accept political contributions from the businessman in question.
(37) Helen Chang Hua-kuan Chiayi County Commissioner Chiayi Vanilla and Herbal Medicine Biotechnology Park and Chiayi County Department of Environmental Affairs garbage handling services procurement case * On July 31, 2012, the Kaohsiung District Prosecutors Office mobilized 26 prosecutors and over 400 investigators divided into over 10 columns to carry out searches of Chen`s offices and residences and a total of over 50 locations in Chiayi County and Kaohsiung City. Prosecutors also interrogated Chang for over 20 hours before she was released on NT$3 million bail. [FN41] However, Chang`s younger sister, Ms Chang Ying-chi, was detained on other charges related to the procurement of labor services for garbage collection by the Chiayi County Department of Environmental Protection and was released on NT$1 million bail on November 30, 2012. * On August 3, 2012, Helen Chang was hospitalized and remains under hospital care to the present. When interviewed by news media, Chang stated that she suffered from complications due to an operation on her colon and required continuous care. * On November 30, prosecutors indicted Helen Chang, Chang Ying-chi and 19 other persons on charges of corruption and leaking confidential information.[FN42] (38) Su Huan-chih
Former Tainan County commissioner Southern Taiwan Science-Based Industrial Park Special Zones F and G Development Case * On December 17, 2010, prosecutors without any warning launched a major search of the official residence and office of Tainan County Commissioner Su Huan-chih and the offices of related bureaus in the Tainan County government. * Tainan District prosecutors and MJIB investigators divided into five groups to carry out the searches and Su was detained by prosecutors for questioning. However, prosecutors took no further action and did not issue any indictments. (39) Chiou I-jen Former National Security Council secretarygeneral Chiou was accused of embezzling US$500,000 in the so-called ``Stabilize Asia`` (An-Ya) diplomatic initiative case and was indicted for using his official position to defraud the government under the Anti-Corruption Act by the SID. * Beginning on October 31, 2008, Chiou was detained by the SID incommunicado for 51 days and subjected to having his hair cut as a convict and other demeaning treatment by guards in the detention center. * On August 30, 2011, the Taipei District Court issued a ``non-guilty`` verdict. * On June 20, 2012, the Taiwan High Court
also found Chiou non-guilty and thus confirmed his innocence as prosecutors decided on December 25, 2012 not to file a second appeal. * Chiou may be able to receive over NT$250,000 in compensation for his wrongful imprisonment.
FOOTNOTES  http://www.appledaily.com.tw/appledaily/artic le/property/20041126/1407549/%E5%BD%AD %E7%99%BE%E9%A1%AF%E6%B6%89%E8%B2%AA%E4%BA%8C %E5%AF%A9%E5%88%A4%E4%B8%80%E5%B9%B4.  Lin Pao-hung, ``Former Nantou County commissioner Peng Pai-hsien confirmed not guilty,`` NOW News, July 28, 2011 <http://www.nownews.com/2011/07/28/3012731322.htm>.  Rich Chang, ``Commissioner threatens probe protest,`` Taipei Times, December 19, 2010 <http://www.taipeitimes.com/News/front/archiv es/2010/12/19/2003491322>.  Rich Chang, ``Prosecutors indict Tainan mayor,`` Taipei Times, April 11, 2007 <http://www.taipeitimes.com/News/front/archiv es/2007/04/11/2003356113>.  http://www.chinareviewnews.com/crnwebapp/doc/docDetailCreate.jsp? coluid=93&kindid=5670&docid=101821037 (in Chinese)]  Staff Writer with Central News Agency, ``High Court finds Chiou I-jen not guilty,`` Taipei Times, June 21, 2012. <http://www.taipeitimes.com/News/taiwan/archi ves/2012/06/21/2003535883>.  Staff Writer with Central News Agency, ``High Court finds Chiou I-jen not guilty,`` Taipei Times, June 21, 2012.
<http://www.taipeitimes.com/News/taiwan/archi ves/2012/06/21/2003535883>.  See ``Ex-science council deputy minister indicted for graft,`` Taipei Times, December 27, 2006 <http://www.taipeitimes.com/News/front/archiv es/2006/12/27/2003342136>.  Rich Chang, ``Shieh says case against him was to discredit DPP,`` Taipei Times, August 5, 2012 <http://www.taipeitimes.com/News/taiwan/archi ves/2012/08/05/2003539503>.  http://www.libertytimes.com.tw/2012/new/sep/2 1/today-life11.htm (In Chinese)  Rich Chang, ``Former officials found not guilty,`` Taipei Times, July 3, 2012 <http://www.taipeitimes.com/News/taiwan/archi ves/2012/07/03/2003536855>.  Rich Chang, ``Former officials found not guilty,`` Taipei Times, July 3, 2012 <http://www.taipeitimes.com/News/taiwan/archi ves/2012/07/03/2003536855>.  Chuang, Jimmy, ``Hsieh shrugs off bribery allegations,`` Taipei Times, July 14, 2007 < http://www.taipeitimes.com/News/front/archive s/2007/07/14/2003369456>.  Rich Chang and Shih Hsiu-chuan, ``Top DPP trio charged with corruption,`` Taipei Times, September 22, 2007 <http://www.taipeitimes.com/News/front/archiv
es/2007/09/22/2003379866>.  Rich Chang, ``Former officials found not guilty,`` Taipei Times, July 3, 2012 <http://www.taipeitimes.com/News/taiwan/archi ves/2012/07/03/2003536855>.  Central News Agency, July 29, 2011 (in Chinese) <http://tw.news.yahoo.com/ %E7%B6%A0%E7%89%B9%E5%88%A5%E8%B2%BB %E6%A1%88-4%E9%A6%96%E9%95%B7%E5%85%8D %E8%A8%B41%E7%84%A1%E7%BD%AA-105221958.html>.  Hsiang Cheng-chen and Lee Hsin-fang, ``Former deputy Tainan mayor`s acquittal upheld,`` Taipei Times, November 6, 2010 <http://www.taipeitimes.com/News/taiwan/archi ves/2010/11/06/2003487847>.  Jimmy Chuang, ``Prosecutors will not appeal KRTC scandal verdict,`` Taipei Times, February 26, 2009 <http://www.taipeitimes.com/News/taiwan/archi ves/2009/02/26/2003437023>.  http://www.stnn.cc:82/global/taiwan/t20051119 _53766.html (in Chinese).  http://tw.news.yahoo.com/%E5%89%8D%E9%AB %98%E9%9B%84%E5%B8%82%E5%B7%A5%E5%8B %99%E5%B1%80%E9%95%B7%E5%90%B3%E5%AD%9F%E5%BE %B7%E6%94%B6%E8%B3%8412%E5%B9%B4%E6%94%B9%E5%88%A49%E6%9C%88213000825.html (in Chinese).  Rich Chang, ``Tsai cleared of Yu Chang allegations,`` Taipei Times, August 15, 2012 <
http://www.taipeitimes.com/News/front/archive s/2012/08/15/2003540320>.  ``Wu Nai-jen not indicted in Taiwan Goal case``, China Times, December 26, 2008 (in Chinese) <http://money.chinatimes.com/invest/news/m97c 2606.htm>.  http://www.libertytimes.com.tw/2011/new/feb/1 0/today-p14.htm (In Chinese).  Jimmy Chuang, ``Su Chih-fen indicted for corruption in two cases,`` Taipei Times, November 15, 2008 <http://www.taipeitimes.com/News/front/archiv es/2008/11/15/2003428672>.  Central News Agency, ``Yunlin Chief Su Chih-fen cleared of bribery charges,`` The China Post, April 30, 2011 <http://www.chinapost.com.tw/taiwan/local/yun lin/2011/04/30/300550/Yunlin-chief.htm>.  Central News Agency and Staff Reporter, ``Ex-president found not guilty of embezzling special state fund,`` Want China Times, August 26, 2011 <http://www.wantchinatimes.com/news-subclasscnt.aspx?id=20110826000098&cid=1101>.  Rich Chang and agencies, ``Chen found not guilty in bribery trial,`` Taipei Times, November 6, 2010 <http://www.taipeitimes.com/News/front/archiv es/2010/11/06/2003487820>.  Associated Press, ``Taiwan`s court: Ex37
leader did not embezzle fund,`` Fox News, April 28, 2011 <http://www.foxnews.com/world/2011/04/28/taiw ans-court-ex-leader-did-embezzle-fund>.  Central News Agency, ``Chen Shui-bian found not guilty of abetting false testimony,`` Want China Times, August 18, 2012 <http://www.wantchinatimes.com/newssubclass-cnt.aspx? id=20120818000023&cid=1101>.  Staff Writer with Central News Agency, ``Court demands retrial of A-bian perjury case,`` Taipei Times, December 15, 2012 <http://www.taipeitimes.com/News/taiwan/archi ves/2012/12/15/2003550196>.  Rich Chang, ``Chen Che-nan sentenced to 12 years for taking bribes,`` Taipei Times, December 14, 2006 <http://www.taipeitimes.com/News/front/archiv es/2006/12/14/2003340345>.  Staff Writer, ``Taiwan Water chairman Hsu, four others arrested,`` Taipei Times, September 8, 2007 <http://www.taipeitimes.com/News/taiwan/archi ves/2007/09/08/2003377754>.  http://www.libertytimes.com.tw/2008/new/jul/4 /today-p9.htm (in Chinese).  Central News Agency, ``Hsu Hsiang-kun Not Guilty in First Trial of Corruption Case,`` August 30, 2010 (in Chinese) <http://www.cna.com.tw/News/FirstNews/2010083 00048.aspx>.
 Rick Chang, ``DPP legislator indicted on corruption charges,`` Taipei Times, October 23, 2007 <http://www.taipeitimes.com/News/front/archiv es/2007/10/23/2003384351>.  http://www.libertytimes.com.tw/2011/new/jan/2 0/today-p2-2.htm (in Chinese).  Jimmy Chuang, ``Two sentenced in herbal bribes case,`` Taipei Times, January 24, 2009 <http://www.taipeitimes.com/News/taiwan/archi ves/2009/01/24/2003434522>.  Rich Chang, ``High court convicts former lawmakers of accepting bribes,`` August 30, 2012 <http://www.taipeitimes.com/News/taiwan/archi ves/2012/08/30/2003541544>.  ``Kung Jaw-sheng again not guilty in coffee shop case,`` Liberty Times (in Chinese) <http://www.libertytimes.com.tw/2010/new/oct/ 21/today-e8.htm>.  ``Ex, current Chiayi chiefs engulfed in huge graft probe,`` China Post, August 1, 2012 <http://www.chinapost.com.tw/taiwan/national/ national-news/2012/08/01/349513/Excurrent.htm>.  Rich Chang, ``DPP officials detained for questioning in new probe,`` Taipei Times, August 1, 2012 <http://www.taipeitimes.com/News/front/archiv es/2012/08/01/2003539146>.
 http://iservice.libertytimes.com.tw/liveNews/ news.php?no=731359&type=%E7%A4%BE%E6%9C%83.