the unfair treatment suffered by former democratic progressive party government officials in...

7/30/2019 The Unfair Treatment Suffered by Former Democratic Progressive Party government officials in Judicial Investigati

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1The Unfair Treatment Suffered by Former

Democratic Progressive Party government

officials in Judicial Investigations and

Trials

By Committee on Policy Research andCoordinationDemocratic Progressive PartyTaipei, TAIWAN

Introduction

The scope of the concept of ``judicial``contained in this report comprises, in

addition to the commonly understood courtsystem, prosecutors` offices and the Ministryof Justice Investigation Bureau (MJIB).During the process of Taiwan`sdemocratization after five decades of``hard`` or ``soft`` authoritarianism underChinese Nationalist Party (Kuomintang or KMT)rule, there have been two transfers of powerbetween political parties from the KMT (afterruling 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 bythe Democratic Progressive Party from May2000 to May 2008, judicial reforms werelimited to the superficial organizationaladjustments. Deeper and more significantaspects, such as enhancing the quality ofjudicial personnel and education and

training, were barely touched during the re-examinations of our justice system. Moreover,the failure of the DPP to thoroughly realizetransitional justice during its eight yearsin government aggravated the lack ofindependence in the overall operation of the

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judicial system. Personnel in the judicialsystem have not changed their concepts ormentalities in step with changing times andthe entire judicial system continues to beplagued by a worrying lack of understandingof democratic principles and values. Thisshortcoming is manifested in the doublestandards and lack of respect of fundamentalhuman rights commonly displayed byprosecutors, police, investigators and judgesin the judicial process as well as the lackof effective external monitoring or balancingmechanisms.

Even if a portion of the personnel in thejudiciary are aware of the importance of theindependence of judicial judgments andendeavor to enhance their professionalism,they still often lack sufficientunderstanding of social realities due to thestructural factors that have impededdemocratization of the justice system. Eventhough there have been transfers of politicalpower at the executive level, the concept of

``judicial independence`` remains a mereslogan. Indeed, the use of this term as atool for persons who cooperate in attacksupon dissidents has made it even moredifficult to upgrade the quality of judgmentsor to build confidence among citizens in thecredibility of the judiciary and has thusperpetuated a vicious downward spiral.

In fact, the lack of fairness of thejudiciary has generated severe privations andlasting pain in the hearts of persons whohave been directly impacted by its operation.If this is the case faced by ordinary people,then there is little need to add any

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description of the feelings of our DPPmembers who served or are serving inGovernment, many of whom have suffered theloss of their reputations and politicalfutures and even imprisonment. Such cases,even if they finally are found to beinnocent, will be shadowed by theseexperiences for the rest of their lives.

Indeed, with regard to all the persons citedas defendants in criminal cases, prosecutorsand MJIB investigators have manifested markedprejudice toward politicians. The mostcommonly seen example is the fact that the

principle of ``confidentiality ofinvestigations`` has became a dead letter asnumerous details of the investigations ofcases under prosecution have beencontinuously leaked to the public. Inaddition, investigative methods adopted byprosecutors and investigations haverecurrently transgressed the principle ofproportionality. Examples include the use ofintense pressure or intimidation on persons

to turn state witness (even to the extent ofinciting state witnesses to commit perjury asa condition for a plea bargain). There shouldbe little surprise that cases constructedthrough the use of inconceivable andunsupportable judicial procedures havefrequently ended in acquittals once they areput to the test of rigorous examination ofevidence by competent judges. In the light of

such cases, it is natural for ordinary peoplein our society to sense a yawning gap betweentheir expectations for justice and the actualoperation of the judicial system and to feeleven less confidence in the operation of thejustice system.

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Generally speaking, prosecution offices andthe MJIB are the agencies that launchinvestigations. Therefore, this report willprimarily focus on major cases in which DPPmembers have been subjected to arbitraryinvestigations launched by prosecutors or theMJIB or indicted in abuses of prosecutorialpowers. This report will list numerous casesin which DPP members who served or areserving in government have been subjected tounfair and unjust treatment at the hands ofthe judiciary and provide brief explanations.

In order to distinguish between``objective`` unfair treatment or``subjective`` prejudice, we have divided thecases into three types as follows:

* Type I refers to judicial cases involvingDPP members who held government positions inwhich they have already been acquitted, notindicted or not indicted with theinvestigation closed;

* Type II refers to cases in which DPPmembers who held government positions weresubjected to unfair judicial treatment andwhich have already entered and have not yetcompleted the trial process but in which themost recent judgment remains ``not guilty``;and,

* Type III which refers to cases in whichprosecutors and investigators obviouslytransgressed the principle of proportionalityor displayed other forms of bias.

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Type I: Cases Featuring Acquittals or Closure

without Indictments

This section includes judicial cases inwhich DPP members who served in governmentwere subjected to investigations or wereindicted and simultaneously subjected tolarge-scale attacks by certain media linkedwith the KMT that sparked misunderstandingsin public opinion. The persons subjected tosuch campaigns, even if they finally werejudged to be innocent, have yet to be trulycleared in the eyes of the public. Amongthese cases are examples in which the courts

have issued final judgments of innocence.These include the cases of former NationalScience Council vice chairman Shieh Ching-jyhin the Taiwan High-Speed Railway SystemVibration Control Contract case, formerNantou County mayor Peng Pai-hsien whoreceived a ``not guilty`` verdict after 10years of legal battles over corruptioncharges, former presidential secretary-general Chiou I-jen who was finally confirmed

to be ``not guilty`` in the so-called``Stabilize Asia`` (An-Ya) case and in theso-called Papua New Guinea diplomatic scandalcase, and former DPP secretary-general WuNai-jen in a case regarding alleged``gangster entertainment expenses.``

In addition, there were cases in whichprosecutors did not issue indictments after

allegations were made or after extendedinvestigations launched against DPPgovernment official, such as in theallegations made against former DPPchairwoman and presidential candidate TsaiIng-wen of malfeasance in the so-called Yu-

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Chang (TaiMed Biologics, TMD) case thataffected the course of the January 2012presidential election and the ``Taiwan Goal``case involving former DPP secretary-generalWu Nai-jen.

* The following descriptions, updated toJanuary 13, 2013, will include the name ofthe concerned DPP members, the position orassignments they held in government, thenature of their alleged crimes and the pastand present situation.

(1) Peng Pai-hsien

Former Nantou County commissioner (mayor)

After a 7.6 magnitude temblor hit centralTaiwan on September 21, 1999, Nantou Countycommissioner Peng Pai-hsien was charged withcorruption and improperly benefiting otherpersons with relation to the construction ofa temporary office building for the HushanFarm, agricultural roads, furniture and

equipment and other alleged misappropriationsof earthquake relief funds related toearthquake recovery. Prosecutors indictedPeng for corruption and asked for a sentenceof 20 years.

* From investigation through the final trial,this case took a total of 11 years to be

resolved. During this time, Peng was detainedfor a total of 61 days. He was found ``notguilty`` on the corruption charges by theTaiwan High Court on November 25, 2004. [FN1]* On July 28, 2011, the Taiwan Supreme Courtfinalized a ``not guilty`` judgment. [FN2]

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(2) Su Huan-chih

Former Tainan County commissioner (caseerupted during last week before completion ofsecond four - year term and the first weekafter his term ended)

Southern Taiwan Science-Based Industrial ParkSpecial Zones F and G Development Case

* On December 17, 2010, prosecutors withoutany warning launched a major search of the

official residence and office of TainanCounty Commissioner Su Huan-chih and theoffices of related bureaus in the TainanCounty government. [FN3]* Tainan District prosecutors and MJIBinvestigators divided into five groups tocarry out the searches and Su was detained byprosecutors for questioning. However,prosecutors took no further action and didnot issue any indictments.

(3) Hsu Tain-tsair

Former Tainan City mayor

Suspected of permitting NT$210 million inbenefits to businesses in the ``Tainan CityHai-an Road Underground Mall`` project

* On April 10, 2007, the Tainan DistrictProsecutors Office indicted Hsu, along withnine other persons, for corruption, graft,favoritism and forgery and other violationsunder the Government Procurement Act and

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asked for a 12 - year sentence for the thenserving mayor. [FN4]* On August 24, 2009, the Tainan DistrictCourt found Hsu not guilty of all charges,but prosecutors filed an appeal on September19.* On August 12, 2011, the Taiwan High Courtupheld the lower court ruling and confirmedthe non-guilty verdicts for the entire case.[FN5]

(4) Chiou I-jen

Former National Security Council secretary-general

Chiou was accused of embezzling US$500,000 inthe so-called ``Stabilize Asia`` (An-Ya)diplomatic initiative case and was indictedfor using his official position to defraudthe government under the Anti-Corruption Actby the Special Investigation Division (SID ofthe Supreme Prosecutors Office.

* Beginning on October 31, 2008, Chiou wasdetained by the SID incommunicado for 51 daysand subjected to having his hair cut as aconvict and other demeaning treatment byguards in the detention center.* On August 30, 2011, the Taipei DistrictCourt issued a ``non-guilty`` verdict.* On June 20, 2012, the Taiwan High Court

also found Chiou non-guilty and thusconfirmed his innocence as prosecutorsdecided on December 25, 2012 not to file asecond appeal. [FN6]

* Chiou may be able to receive over

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NT$250,000 in compensation for his wrongfulimprisonment.

(5) Michael Kau Ying-mao

Former deputy foreign minister

Kau was accused of embezzling US$500,000 inthe so-called ``Stabilize Asia`` (An-Ya)diplomatic initiative case and was suspectedof using his official position for extortionunder the Anti-Corruption Act and defraudingthe government.

* On August 30, 2011, the Taipei DistrictCourt issued a ``non-guilty`` verdict.* On June 20, 2012, the Taiwan High Courtalso found Kau non-guilty (under the CriminalSpeedy Trial Act, this judgement wasequivalent to a final not guilty verdict).[FN7]

(6) Shieh Ching-jyh

Former National Science Council deputychairman

Southern Taiwan Science-Based Industrial ParkTaiwan High-Speed Railway Vibration Controlcase

* Prosecutors indicted Shieh on corruptioncharges and detained him for 59 days forinterrogation in December 2006. [FN8]* The Tainan District Court and the TaiwanHigh Court acquitted Shieh in the first andsecond level trials, but the case was

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returned to the High Court for retrial uponappeal by prosecutors.* On August 4, 2012, Shieh`s case ended withacquittal after he was again found not guiltyin the first retrial and prosecutors decidedagainst further appeals. [FN9]

(7) Shih Shou-chienLin Po-ting

Former National Palace Museum directorFormer NPM deputy director

* Accused in 2007 of corruption in renovationprojects for the National Palace Museum* In the NPM Southern Branch ProcurementBidding Case, five persons, including Shihand Lin, were accused of illegally revisingthe criteria for the contract bids to favorcertain companies and leaking the bid price.After other bidders appealed to the PublicConstruction Commission of the ExecutiveYuan, PCC commissioners annulled the tender,

thus causing the NPM to be sued by thecompanies who won the bid and costing themuseum NT$390 billion in losses.

* The Taipei Shih-lin District ProsecutorsOffice asked for a 15-year sentence for Shih,but the trial concluded on April 30, 2009with Shih`s acquittal.* The Taipei Shih-lin District Prosecutors

Office completed investigation of the NPMSouthern Branch case on August 25, 2009 andindicted Shih, Lin and other persons oncorruption and other charges and asked forheavy sentences.* On September 1, 2009, the Shihlin District

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Court found Shih, Lin and the otherdefendants not guilty in their first trial.* On November 29, 2011, the Taiwan High Courtfound Shih, Lin and other defendants notguilty in their second-level trial for theNPM Expansion case.* On September 20, 2012, the Taiwan HighCourt again issued not guilty verdicts forShih, Lin and the other three defendants inthe NPM Southern Branch case. [FN10]

(8) Lin Ling-san

Former minister of transportation andcommunications

Suspected of illegally revising procurementbid conditions for the ETC (electronic tollcollection) system

On September 3, 2010, the Taipei DistrictProsecutors Office ended the case and decidednot 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 affairsfunds on September 21, 2007 by SupremeProsecutor's Office.* Acquitted on July 2, 2012 by TaipeiDistrict Court.[FN11]

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(10) Yu Shyi-kun

DPP senior advisorFormer DPP chairmanFormer presidential secretary-generalFormer premier

State Affairs Fund case: Yu`s spouse YangPao-yu, his secretary and bodyguard weresuspected of collecting a total of 516receipts from other persons and claimedcompensation from the state affairs fund forover NT$238,000. Yu was suspected of forging

official documents and extortion under theAnti-Corruption Act.

* Indicted for corruption for usingfraudulent receipts to claim state affairsfunds on September 21, 2007 by SupremeProsecutor's Office.* Acquitted on July 2, 2012 by TaipeiDistrict Court. [FN12]

(11) Frank Hsieh Chang-ting

Former premierFormer DPP chairmanDPP presidential nominee in 2008 election

The chairperson of the management committee

of the Yu Huang Temple in Kaohsiung Cityrented city - owned land in order to purchaseland; Due to a complaint by an anonymousinformant, Kaohsiung District Prosecutorslaunched an investigation and then filedcharges against Hsieh on suspicion of

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violating the Anti-Corruption Act in a casethat has lasted over 10 years. [FN13]

* On August 13, 2012, the Kaohsiung DistrictProsecutors Office quietly closed the casewithout indicting Hsieh, but the caseinflicted major damage to by dragging onwithout resolution for over a decade.

(12) Mark Chen Tang-shan

Former presidential secretary-general

Special Executive Allowance Fund case

* Indicted by Supreme Prosecutors Office'sSpecial Investigation Division for corruptionand forgery on September 21, 2007 in theSpecial Executive Allowance Funds Case [FN14]* On November 29, 2011, the Taipei DistrictCourt dropped the charges against Chen.[FN15]

(13) Tu Cheng-sheng

Former minister of educationFormer 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 EducationMinistry, Ms Chen Hsiang-cheng and Kuo Hsiu-hsia, were convicted and given lightsentences of one year and four months and twoyears, respectively, which are being

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appealed. [FN16]

(14) Lee Yi-yang

Former interior minister


* On November 29, 2011, the Taipei DistrictCourt dropped the charges against Lee.

(15) Shih Mao-lin

Former justice minister


* On November 29, 2011, the Taipei DistrictCourt dropped the charges against Shih.

(16) Chu Wu-hsian

Former Central Personnel Administrationdirector-general


* On November 29, 2011, the Taipei DistrictCourt dropped the charges against Chu.

(17) Hsu Yang-ming

Former Tainan City deputy mayor

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* On February 25, 2009, the Kaohsiung Branchof the Taiwan High Prosecutors Officemaintained that the second trial verdict didnot violate existing laws and decided not toappeal its verdict, thus closing the case.[FN18]

(b) SOGO Financial Assistance Case

* The Taipei District Prosecutors Officeclosed the case due to lack of evidence.

(c) Chen You-hao campaign funds case

* The Taipei District Prosecutors Officeclosed the case due to lack of evidence.[FN19]

(20) Chou Li-liang

Former Kaohsiung Mass Rapid Transit Bureaudirector-general

* Kaohsiung Mass Rapid Transit System Bureaucorruption case: Prosecutors accusedKaohsiung Rapid Transit Co (KRTCO) vicechairman Chen Min-hsien, KMRTB Director ChouLi-liang and KRTCO President Lai Hsien-yu ofaccepting bribes and ``hospitality,`` leakingthe bottom-line bid price in violation of theGovernment Procurement Act and favoritism.* On May 23, 2006, the Kaohsiung District

Court issued a verdict of not guilty to ChouLi-liang in his first - level trial.* On July 31, 2007, Chen, Lai and Choureceived ``not guilty`` verdicts in theirsecond trial by High Court judges based on astatement by the Public Construction

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Commission that the six projects concerned inthe indictment did not come under thejurisdiction of the Government ProcurementLaw.* On July 5, 2012, the Taiwan Supreme Courtconfirmed the verdict of ``not guilty`` forChou Li-liang. [FN20]

(21) Huang Wei-cher

Legislator (Tainan County)

Kunling Mountain Cemetery Development Case:

Prosecutors indicted Huang for accepting NT$3million in bribes from developers through hislegislative assistant in 2006-2007.

* On December 30, 2010, the Tainan DistrictCourt accepted the testimony of Huang and hisassistant that the payments had been campaigncontributions and issued verdicts of notguilty.* On September 22, 2011, the Tainan Branch of

the Taiwan High Court rejected the appeal ofprosecutors to a district court verdict of``not guilty`` based on its determinationthat Huang Wei-cheh had received acontribution but that it was a campaigncontribution and therefore could not beconsidered a bribe. Due to the provisions ofthe Criminal Speedy Trial Act, Huang`s ``notguilty`` verdict was thereby confirmed as he

had been acquitted in both the first andsecond - level trial proceedings.

(22) Tsai Ing-wen

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Former deputy premierFormer DPP chairwomanDPP presidential nominee in January 2012election

Beginning in November 2011, then Council forEconomic Planning and Development chairwomanChristina Liu Yi-ju held a series of newsconferences regarding the process of thecreation of Yu Chang Biologics Co (now knownas TaiMed Biologics Inc) in which she openlycharged that the process of the biotechnologycompany had been illegal, transgressedprovisions for the avoidance of conflict of

interest by senior government officials andcontained a ``revolving door`` provision andcontained doubts of corruption and turnedover documentation as evidence toprosecutors. Tsai had been vice premier whenthe company was founded and later became itschairman, a post which she quit upon becomingDPP 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 KMTlegislator Chiu Yi openly accused Tsai oflining her own pockets and profiteering forherself and family members in the process ofinvesting and divesting in the company.

* On August 15, 2012, the SpecialInvestigation Division (SID) of the Supreme

Prosecutors Office completed itsinvestigation of the case and decided not toindict Tsai Ing-wen, former CEPD chairwomanHo Mei-yueh and Harvard University ProfessorChen Lan-bo. However, former CEPD chairman HuCheng-sheng was separately indicted by Taipei

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and searched Yunlin County Commissioner SuChih-fen`s official residence at 6 am on themorning of November 4, 2008 and placed Suunder arrest. Su used the methods of refusingto post bail and a hunger strike for over 250hours to protest the action and was finallyreleased.

* On November 14, 2008, Yunlin Districtprosecutors indicted Su Chih-fen on briberycharges and asked for a 15-year sentence anddeprivation of political rights for eightyears. [FN24]* On April 29, 2011, Su was acquitted in the

first trial on the grounds that she hadrefused to accept the bribe and therefore hadno intention of being bribed. [FN25]* On August 31, 2012, the High Courtconfirmed the verdict of ``not guilty`` forSu in the appellate trial.* On January 10, 2013, the Supreme Courtrejected the appeal of the prosecutors andconfirmed the ``not guilty`` verdict for SuChi-fen.

TYPE II: Cases so far Judged `Not Guilty`

This section includes cases in which DPPmembers serving in government have beensubjected to unfair treatment by thejudiciary, but whose cases have either

entered the trial process or have not yetbeen finalized but whose most recent verdictremains ``not guilty.`` These cases includethe Wakema Environmental Technology and theYunlin Chang Gung Memorial Hospital MainBuilding Expansion bribery cases in which

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Yunlin County Commissioner Ms Su Chih-fen wasindicted and the National Chinese HerbalApothecary Association bribery scandal inwhich former DPP legislators Lee Chun-yi andJao Yung-ching were indicted. In these cases,the most recent verdicts have been ``notguilty`` but since they have not beenfinalized, they remain classified as ``TypeII.`` If prosecutors decide not to fileappeals, they will be transferred into ``TypeI`` upon confirmation of their ``not guilty``judgments.

* The following descriptions, updated to

January 13, 2013, will include the name ofthe concerned DPP members, the position orassignments they held in government, thenature of their alleged crimes and the pastand present situation.

(27) Chen Shui-bian

Former president

(a) State Affairs Fund corruption case

* On August 26, 2011, the Taiwan High Courtreversed the lower court ruling and judgedChen ``not guilty`` of the charges in thecorruption portion of the State Affairs Fundcase. [FN26]

(b) Second Phrase Financial Reform case

* On November 5, 2010, the Taipei DistrictCourt issued ``not guilty`` verdicts for ChenShui-bian and 20 other defendants. [FN27]

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(c) Suspicion of embezzlement of US$330,000in secret diplomatic funds

* On April 28, 2011, the Taiwan Supreme Courtissued a ``not guilty`` verdict for ChenShui-bian in the case of embezzlement ofUS$330,000 in secret diplomatic funds. [FN28]

(d) Suspicion of inciting others to givefalse testimony before the exposure of theState Affairs Fund scandal

* On August 17, 2012, the Taiwan High Court

reversed the conviction and a two-monthsentence given to Chen by the Taipei DistrictCourt in July 2011 and judged the formerpresident to be ``not guilty.`` [FN29]Upon appeal by prosecutors, on December 14,2012, the Supreme Court vacated the HighCourt ruling and remanded the case to theHigh Court. [FN30]

(28) Chen Che-nan

Former deputy presidential secretary-general

Accused of using his official status toreceive inside information and use theaccounts of Kao Shen-shen and other personsto manipulate and engage in speculation onChihkan Technology Co and 25 other stocks.

* On July 7, 2006, Taipei Districtprosecutors indicted Chen Che-nan forviolating the Securities and Exchange Act forone count of insider trading and asked for asentence of four years imprisonment.

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* On December 13, 2006, the Taipei DistrictCourt issued a ``not guilty`` verdict to ChenChe-nan on the insider trading charge,although he was convicted and given a 12-yearsentence for taking bribes in the sameproceedings. [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 ofmajor construction projects carried out bythe Taiwan Water Co beginning in 2006,including the ``Mutan Project`` in PingtungCounty, the ``Tagangshan Project`` inKaohsiung County, the ``Nanhua Project`` inTainan County and the ``Penghu Project`` inPenghu County. Hsu was also alleged to haveused his official powers to require TWCsubordinates to collude with him in

soliciting bribes or leak information on thebottom -line price for construction bids tocertain companies. [FN32]

* The Kaohsiung District Prosecutors` Officeindicted Hsu on July 4, 2008 on charges ofcorruption, breach of trust and leakingsecrets. [FN33]

* On August 30, 2010, the Kaohsiung DistrictCourt issued a verdict of ``not guilty`` inthe first - level trial. [FN34]

(30) Lin Shang-kai

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Former Kaohsiung City Bureau of Financedirector - general

Indicted along with two other persons forcorruption in connection with the allegedsub-market-price sale of city land to theGuang Ji Temple.

* On April 14, 2009, the Kaohsiung DistrictCourt found Lin Shang-kai to be not guilty.* On August 31, 2009, the Kaohsiung Branch ofthe Taiwan High Court upheld his acquittal.

(31) Kao Jyh-peng

Legislator

Yao Sheng-chih, vice director of Kao Jyh-peng`s legislative office, lobbied theNational Property Administration (NPA) tohelp a construction company owner lease aplot of state land in Taichung City. Afteraccepting a bribe from the contractor, Yao

turned state evidence and accused Kao ofaccepting NT$500,000 of the NT$2 millionbribe.

* On October 22, 2007, Nantou Districtprosecutors indicted Kao and asked for asentence of nine years imprisonment with the

the abrogation of political rights for sevenyears and a NT$2 million fine. [FN35]* On July 16, 2009, Kao was convicted by theNantou District Court and sentenced to fiveyears and six months in jail.* On January 20, 2011, the Taichung branch of

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the Taiwan High Court found both Kao and Yaoto be not guilty in their appeal trial as thedecision whether to lease such land was amatter for the NPA to decide and not withinKao`s power to influence.[FN36]

(32) Lee Chun-yiJao Yung-ching

Former DPP legislators

Indicted for accepting bribes of NT$1 millionfrom the National Chinese Herbal Apothecary

Association in 1998

* On January 9, 2008, the SID indicted Lee,Jao and other implicated lawmakers forcorruption.

* On January 23, 2009, the Taipei DistrictCourt found Lee and Jao to be ``not guilty.``[FN37]* On February 13, 2009, prosecutors filed an

appeal.* On September 8, 2010, the Taiwan High Courtreversed the lower court decision and foundLee and Chao guilty.* On September 29, the two legislatorsappealed the verdict.* On March 10, 2011, the Supreme Court foundthe defendants ``not guilty`` and remandedthe case back to the Taiwan High Court for

retrial.* On August 29, 2012, the Taiwan High Courtfound the two former legislators ``notguilty`` in their retrial (prosecutors arenow considering appealing the ruling). [FN38]

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(33) Kung Jaw-sheng

Former Financial Supervision CommissionchairmanKung was accused of improperly benefitingothers and breach of trust in three cases ofcorruption during his service as chairman ofthe state-owned Taiwan Sugar Co (Taisugar)from 2003 through June 30, 2004. Kung wasaccused of granting a certain companyexclusive distribution rights to marketupscale collagen cosmetics products andopening an ``Orchid Coffee Shop`` without

following the proper public procurementprocess and improperly hiring his sister-in-law as an adviser.

* In May 2006, Kung was arrested and releasedon NT$500,000 bail and was indicted on August31, 2006 on three counts of corruption with arequested sentence of seven years.* On May 31, 2008, the Taipei District Court

found Kung ``not guilty`` and ``exempt fromprosecution`` as it determined that there hadbeen no illegal favoritism of privateindividuals, breach of trust or corruption ofcivil service employees and that no harm hadbeen inflicted on Taisugar.* On March 5, 2009, the Taiwan High Courtjudged Kung to be not guilty and exempt fromprosecution.

* On October 20, 2010, the Taiwan High Courtin its second trial rejected the appeal byprosecutors and found Kung to be not guilty.[FN39]

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office. Another example was the demeaningtreatment, including the administration of aninmate-style haircut, given to formerpresidential secretary-general Chiou I-jenwhen he was placed under detention forquestioning in the so-called ``An-Ya case.``

* The following descriptions, updated toJanuary 13, 2013, will include the name ofthe concerned DPP members, the position orassignments they held in government, thenature of their alleged crimes and the pastand present situation.

(35) Su Chih-fen

Yunlin County Commissioner

Indicted in Wakema Environmental Technologybribery case and Yunlin Chang Gung MemorialHospital Main Building Expansion bribery case

* Prosecutors and investigators surroundedand searched Yunlin County Commissioner SuChih-fen`s official residence at 6 am on themorning of November 4, 2008 and placed Suunder arrest. Su used the methods of refusingto post bail and a hunger strike for over 250hours to protest the action and was finallyreleased.* On November 14, 2008, Yunlin District

prosecutors indicted Su Chih-fen on briberycharges and asked for a 15-year sentence anddeprivation of political rights for eightyears.* On April 29, 2011, Su was acquitted in thefirst trial on the grounds that she had

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refused to accept the bribe and therefore hadno intention of being bribed.* On August 31, 2012, the High Courtconfirmed the verdict of ``not guilty`` forSu in the appellate trial.

(36) Chen Ming-wen

Former Chiayi County commissionerDPP Legislator

Chiayi Vanilla and Herbal MedicineBiotechnology Park (new case)

* On July 31, 2012, the Kaohsiung DistrictProsecutors` Office mobilized 26 prosecutorsand over 400 investigators divided into over10 columns to carry out searches of Chen`soffices and residences and a total of over 50locations in Chiayi County and KaohsiungCity. Prosecutors also interrogated Chen forover 20 hours before he was released on NT$1million bail. also conducted over 20 hours

of interrogation

* Chen Ming-wen was accused of acceptingbribes from a developer aiming to secure abid on the biotech park (which is now theDapumei Precision Machinery InnovationTechnology Park). [FN40]* Chen Ming-wen maintains that hisrelationship with the developer is only that

of ``borrower`` of funds and that he iscurrently is engaged in a legal dispute withthe developer and therefore could notpossibly accept political contributions fromthe businessman in question.

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(37) Helen Chang Hua-kuan

Chiayi County Commissioner

Chiayi Vanilla and Herbal MedicineBiotechnology Park and Chiayi CountyDepartment of Environmental Affairs garbagehandling services procurement case

* On July 31, 2012, the Kaohsiung DistrictProsecutors Office mobilized 26 prosecutorsand over 400 investigators divided into over10 columns to carry out searches of Chen`s

offices and residences and a total of over 50locations in Chiayi County and KaohsiungCity. Prosecutors also interrogated Chang forover 20 hours before she was released on NT$3million bail. [FN41] However, Chang`syounger sister, Ms Chang Ying-chi, wasdetained on other charges related to theprocurement of labor services for garbagecollection by the Chiayi County Department ofEnvironmental Protection and was released on

NT$1 million bail on November 30, 2012.* On August 3, 2012, Helen Chang washospitalized and remains under hospital careto the present. When interviewed by newsmedia, Chang stated that she suffered fromcomplications due to an operation on hercolon and required continuous care.* On November 30, prosecutors indicted HelenChang, Chang Ying-chi and 19 other persons on

charges of corruption and leakingconfidential information.[FN42]

(38) Su Huan-chih

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also found Chiou non-guilty and thusconfirmed his innocence as prosecutorsdecided on December 25, 2012 not to file asecond appeal.* Chiou may be able to receive overNT$250,000 in compensation for his wrongfulimprisonment.

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FOOTNOTES

[1]http://www.appledaily.com.tw/appledaily/article/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.

[2] Lin Pao-hung, ``Former Nantou Countycommissioner Peng Pai-hsien confirmed notguilty,`` NOW News, July 28, 2011.

[3] Rich Chang, ``Commissioner threatensprobe protest,`` Taipei Times, December 19,2010.

[4] Rich Chang, ``Prosecutors indict Tainanmayor,`` Taipei Times, April 11, 2007.

[5] http://www.chinareviewnews.com/crn-webapp/doc/docDetailCreate.jsp?coluid=93&kindid=5670&docid=101821037 (inChinese)]

[6] Staff Writer with Central News Agency,``High Court finds Chiou I-jen not guilty,``Taipei Times, June 21, 2012.

.

[7] Staff Writer with Central News Agency,``High Court finds Chiou I-jen not guilty,``Taipei Times, June 21, 2012.

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.

[8] See ``Ex-science council deputy ministerindicted for graft,`` Taipei Times, December27, 2006.

[9] Rich Chang, ``Shieh says case against himwas to discredit DPP,`` Taipei Times, August5, 2012.

[10]http://www.libertytimes.com.tw/2012/new/sep/21/today-life11.htm (In Chinese)

[11] Rich Chang, ``Former officials found notguilty,`` Taipei Times, July 3, 2012.


[13] Chuang, Jimmy, ``Hsieh shrugs offbribery allegations,`` Taipei Times, July 14,2007 .

[14] Rich Chang and Shih Hsiu-chuan, ``TopDPP trio charged with corruption,`` TaipeiTimes, September 22, 2007


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es/2007/09/22/2003379866>.


[16] Central News Agency, July 29, 2011 (inChinese) .

[17] Hsiang Cheng-chen and Lee Hsin-fang,

``Former deputy Tainan mayor`s acquittalupheld,`` Taipei Times, November 6, 2010.

[18] Jimmy Chuang, ``Prosecutors will notappeal KRTC scandal verdict,`` Taipei Times,February 26, 2009.

[19]http://www.stnn.cc:82/global/taiwan/t20051119_53766.html (in Chinese).

[20] 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%84-

12%E5%B9%B4%E6%94%B9%E5%88%A49%E6%9C%88-213000825.html (in Chinese).

[21] Rich Chang, ``Tsai cleared of Yu Changallegations,`` Taipei Times, August 15, 2012.

[22] ``Wu Nai-jen not indicted in Taiwan Goalcase``, China Times, December 26, 2008 (inChinese).

[23]http://www.libertytimes.com.tw/2011/new/feb/10/today-p14.htm (In Chinese).

[24] Jimmy Chuang, ``Su Chih-fen indicted for

corruption in two cases,`` Taipei Times,November 15, 2008.

[25] Central News Agency, ``Yunlin Chief SuChih-fen cleared of bribery charges,`` TheChina Post, April 30, 2011.

[26] Central News Agency and Staff Reporter,``Ex-president found not guilty of embezzlingspecial state fund,`` Want China Times,August 26, 2011.

[27] Rich Chang and agencies, ``Chen found

not guilty in bribery trial,`` Taipei Times,November 6, 2010.

[28] Associated Press, ``Taiwan`s court: Ex-

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leader did not embezzle fund,`` Fox News,April 28, 2011.

[29] Central News Agency, ``Chen Shui-bianfound not guilty of abetting falsetestimony,`` Want China Times, August 18,2012 .

[30] Staff Writer with Central News Agency,``Court demands retrial of A-bian perjury

case,`` Taipei Times, December 15, 2012.

[31] Rich Chang, ``Chen Che-nan sentenced to12 years for taking bribes,`` Taipei Times,December 14, 2006.[32] Staff Writer, ``Taiwan Water chairman

Hsu, four others arrested,`` Taipei Times,September 8, 2007.

[33]http://www.libertytimes.com.tw/2008/new/jul/4/today-p9.htm (in Chinese).

[34] Central News Agency, ``Hsu Hsiang-kunNot Guilty in First Trial of CorruptionCase,`` August 30, 2010 (in Chinese).

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[35] Rick Chang, ``DPP legislator indicted oncorruption charges,`` Taipei Times, October23, 2007.

[36]http://www.libertytimes.com.tw/2011/new/jan/20/today-p2-2.htm (in Chinese).

[37] Jimmy Chuang, ``Two sentenced in herbalbribes case,`` Taipei Times, January 24, 2009.

[38] Rich Chang, ``High court convicts formerlawmakers of accepting bribes,`` August 30,2012.[39] ``Kung Jaw-sheng again not guilty incoffee shop case,`` Liberty Times (inChinese).

[40] ``Ex, current Chiayi chiefs engulfed inhuge graft probe,`` China Post, August 1,2012.

[41] Rich Chang, ``DPP officials detained forquestioning in new probe,`` Taipei Times,August 1, 2012.

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[42]http://iservice.libertytimes.com.tw/liveNews/news.php?no=731359&type=%E7%A4%BE%E6%9C%83.

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