Taipei Must Not Tolerate the Philippines' Behavior

Taipei Must Not Tolerate the Philippines' Behavior
China Times editorial (Taipei, Taiwan, ROC)
A Translation
February 8, 2011

Despite vehement protests from Taipei, and an order from Philippine courts, the Philippine government will extradite 14 Republic of China citizens suspected of fraud to the Chinese Mainland. This move is contrary to international conventions. It is also an affront to our nation's sovereignty. It is intolerable. Taipei can no longer suffer in silence, Yesterday the government announced the recall of its representatives in the Philippines, and imposed strict measures on Filipino workers. We fully support the government's actions.

Last October the Ministry of Public Security sent officials to the Philippines to investigate phone fraud, The Philippines police arrested a 24 person confidence ring, 14 of whom were ROC citizens. We strongly support the principle of dealing with suspects on the basis of nationality. The 14 ROC citizens should be handed over to Taipei, to be dealt with according to ROC law, But the Philippine government has has insisted that these suspects be handed over to Beijing. On February 2, in the middle of the night, it turned them over to Beijing. Our government's representatives in the Philippines, along with Philippine officials and Philippine lawyers, rushed to the airport with a writ of habeas corpus, issued by the Philippine Court of Appeals, Alas, they were unable to prevent the executive branch of the Philippine government from turning the suspects over to Mainland Chinese security officials. This action flouted international conventions. It disregarded an order issued by the Philippine courts. The Philippine government behaved arrogantly. It cared only about Beijing, and nothing for Taipei, Its behavior was intolerable.

Manila has no diplomatic relations with Taipei. But international practice and international cooperation in the fight against crime involves certain precedents. Manila must respect Taipei's judicial sovereignty. When similar incidents occurred in the past, suspects from Taiwan were handed over to Taipei, suspects from the Mainland were handed over to Beijing, Each side conducted its own investigations and trials. The two sides have signed a "joint crime fighting and mutual legal assistance agreement," and have agreed to exchange case information. They have agreed to separately enforce court judgments and other judicial rulings.

Taipei has not asked for special treatment from Manila. It merely wants matters handled the way they always have, in accordance with international precedents. But the Philippine government's handling of the matter has been ridiculous. Its decisions have defied international conventions. Its methods have harmed Taipei's interests. Its attitude has been rude and arrogant. Its procedures have defied the orders of its own courts. It has repeatedly turned a deaf ear to Taipei's requests. It has ignored Taipei's interests. It handed a suspect from Taiwan over to Beijing, as if Taiwan was under the jurisdiction of the Beijing authorities. This is an insult to Taipei's sovereignty, How can ROC citizens not be angry?

Since the incident, senior government officials have lodged repeated protests. They have taken retaliatory measures. Apparently the squeaky wheel gets the grease. Yesterday the Philippines adopted a more conciliatory attitude. It issued a statement expressing "deep regret." It hoped the incident would not harm the close friendship between the two peoples. It explained that in this case the victims were Mainland Chinese, the accomplices were Mainland Chinese, Therefore the Philippine government felt it was appropriate that the case be tried in Mainland China. That is why it decided to extradite the suspects to Mainland China. Beijing and Manila have an extradition treaty. Manila has also signed a joint agreement with Beijing. The two sides would fight crime and follow judicial interaction protocols. They would work together to bring the current case to a close.

Initially the Philippines ignored strong protests from Taipei. Now that Taipei is angry and on the verge of retaliation, the Philippines is finally beginning to take notice and speak of "long-term friendship and common values" shared by Taipei and Manila. Manila failed to communicate properly before extraditing the suspects. It ignored Taipei's feelings. The extradition is a fait accompli. The Philippines seems to think that if it offers a few platitudes, the matter will blow over. The 14 suspects have been transferred to Mainland China. How will the matter be handled henceforth? Taipei will have to confront Beijing, It is no longer Manila's affair.

If Taipei allows the matter to drop, the international community will view it with contempt. The Philippines' assumption that Taipei can be treated with contempt will not change. More importantly, a precedent will have been set in the international community. This will leave the mistaken impression that Taipei's judicial affairs may be turned over to Beijing. The Repubic of China' status as an independent and sovereign state will be undermined. Taipei is attempting to defend the Republic of China's sovereignty. It is attempting to defend the Republic of China's national interests. It hopes to participate in the international community, on the basis of equality. If the international community concludes that Beijing is authorized to manage Taipei's affairs, then all of Taipei's efforts will be undermined.

Therefore, Taipei must not tolerate the Philippines' behavior. Consider the current incident. Taipei and Beijing cooperate on judicial matters. Yet suspects from Taiwan are turned over to Beijing. If the two sides subsequently deal with the matter in accordance with cross-Strait conventions, the matter will be perceived as a PRC internal affair. This is totally unacceptable.

Taipei's international agreements must not be made through Beijing. Beijing is not Taipei's master. This must be made clear. The international community must realize this. Mainland Chinese public security officials may not appreciate the delicacy of cross-Strait interactions. But their higher ups surely have a more comprehensive understanding. Cross-Strait judicial cooperation agreements do not cover third country involvement. Future cross-Strait agreements must be clarified, as soon as possible, This will ensure that similar incidents do not happen again.

菲律賓的鳥氣 台灣嚥不下
2011-02-08 中國時報

不顧台灣的強烈反對以及菲律賓法院的命令，菲律賓政府仍然將十四名涉嫌詐欺的台灣人遣送給中國，這樣的動作，不僅有違國際打擊犯罪慣例，對我國的主權地位更是極不尊重。是可忍孰不可忍，台灣絕不能就這麼「吞」下去了，政府昨天宣布召回駐菲代表及嚴審菲勞等措施，我們全力支持。

去年十月中國公安部派人到菲律賓，就電信詐騙案進行調查，菲律賓警方逮捕了詐騙集團共廿四人，其中有十四名台灣人。雖然我方強烈要求依據國籍原則，這十四名台灣嫌犯應該交給我國進行後續司法程序，但菲律賓政府卻執意把台灣嫌犯一併遣送到中國大陸。甚至在二月二日當天，是趁著半夜三更進行遣送，我方駐菲官員及律師持著菲律賓上訴法院簽發的「人身保護令」趕到機場，卻仍然無法阻止菲國行政部門把人交給中國公安人員帶上飛機。這種無視於國際慣例，不顧台菲關係也不管法院命令，眼裡只有中國不見台灣的傲慢態度，實在太欺負人了！

就算菲律賓與中華民國沒有外交關係，但按照國際慣例以及國際間共同打擊犯罪的合作模式，菲律賓也必須尊重台灣的司法主權。向來，在遇到類似狀況時，台灣嫌犯應交給台灣、中國嫌犯應交給中國，各自進行偵辦審訊，並且遁兩岸簽署的《共同打擊犯罪及司法互助協議》交換案情資訊，接著各自進行判決執行等司法程序。

台灣並沒有要求菲律賓特別予以優惠，只是希望能比照國際社會向來的慣例處理。但菲律賓政府的處理，卻徹頭徹尾離譜至極。論決策不符合國際慣例，論手法傷害台灣利益，論態度則粗魯蠻橫，論程序甚至有違其法院之命令。對台灣一再的要求置若罔聞，完全沒有顧及台灣的權益，逕行將台灣嫌犯送給中國發落，彷彿台灣是屬於中國的，這是對台灣主權尊嚴的莫大侮辱，台灣人怎麼可能不生氣！

事件發生以來，我國政府高層多次抗議指責，也採取了報復措施。也許是不點不亮，菲律賓昨天態度轉趨軟化，發表聲明表達「深切遺憾」，希望這次事件不會損害雙方人民緊密情誼。菲方是依此案受害人為中國人、共犯也為中國人，以及本案在中國可以得到最妥適解決等考量，決定了遣送的動作。中國和菲律賓簽有引渡條約，且菲方了解兩岸簽訂了共同打擊犯罪及司法互動協議，可以共同處理本案。

之前對台灣的強烈要求置之不理，如今台灣氣到祭出報復手段了，菲律賓才開始注意到台菲之間有「長久友誼與共同價值」。遣送前不做妥善溝通，也無視台灣的感受，如今木已成舟，菲律賓似乎認為講兩句好聽話，就可以大事化小小事化無。反正十四名台灣嫌犯已送到中國，之後要怎麼處理，台灣應該找中國談，不干菲律賓的事了。

如果台灣也就這樣算了，那真的會被國際社會看扁，也不可能改變菲律賓目中無「台」的態度。更嚴重的是，這如果成為一個先例，在國際間產生示範效應，逐漸形成中國可處理台灣司法問題的錯誤認知，那麼台灣做為獨立主權國家的地位與權益必然會受到侵蝕傷害。當國際社會認為中國可以「代理」台灣事務時，台灣爭取主權地位、保護國民權益與平等參與國際社會的訴求必然會受到阻礙。

所以，台灣絕對不能姑息。以這次事件來說，即使兩岸可以進行司法合作，但台灣嫌犯是先交給中國、然後兩岸再來合作處理的操作方式，有把台灣貶低為中國內部事務之態勢，這是我們絕對不允許的。

台灣的國際協商，不能透過中國，中國不是台灣的代理人，這點必須確定，也必須讓國際社會清楚認知。而中國公安單位也許不明白兩岸互動之微妙，但決策高層必須有更通盤的考量。目前兩岸司法合作協議並未周延涵蓋涉及第三國的狀況，兩岸後續協商必須盡快予以補強，務必確保類似事件不會再度發生。