Chen Shui-bian and the DPP Owe the Public an Apology

Chen Shui-bian and the DPP Owe the Public an Apology
United Daily News editorial (Taipei, Taiwan, ROC)
A Translation 
December 23, 2014

Executive Summary: Assertions that Chen's release would bring "blue-green reconciliation" to Taiwan are sheer fantasy. Assertions that Chen Shui-bian going "home for the holidays" would bring warmth to the community are self-deception. Most importantly, this "Free Chen!" farce must not be spun as "Ah-Bian's resurrection." It must not be spun as “The Chen family was never guilty of corruption at all." It must not be allowed to invert right and wrong. To avoid these problems, we urge Chen and the DPP to apologize to the public before Chen is freed. People have been awaiting this moment for six years.

Full Text Below:

The DPP scored a major victory during the nine in one elections. The first thing they did afterwards however, was to convene all 13 elected county chiefs and city mayors, and demand that the Ma government release Chen Shui-bian, alleging that this would be the first step in "blue-green reconciliation". Former Vice President Annette Lu was even more specific. She demanded that Chen be released this month, before the 25th, otherwise she would begin a hunger strike. Under such pressures, the Ma government has apparently begun retreating and equivocating. Yesterday, the Ministry of Justice appeared ready to cave in.

A democratic election was held. Yet the winner shows scant concern for the nation's economic future or how to clean up the political mess. Instead, it devotes all its energy to getting a corrupt former head of state released from prison. Do the DPP's actions deserve public support? The Ma administration has repeatedly proclaimed its reverence for the rule of law. Yet a single defeat at the polls has caused the Justice Minister to lose his way in the Chen family corruption case and obsequiously hint that leniency is possible.

The government appears ready to release Chen. But ambiguous legal and ethical issues remain. This is something the ruling and opposition parties and even the Chen family cannot avoid. The various parties involved must speak clearly and make themselves understood. Otherwise if Chen is hastily released, the troubles will merely be beginning.

One. Will Chen be released on humanitarian grounds, or political grounds? The DPP alleges that releasing Chen would be the first step in blue-green reconciliation. Obviously that would be a case of political considerations. But the Ma government is talking about "amnesty," and "medical leave." Obviously it is attempting to keep his contemplated release a legal matter. It hopes to offer Chen leniency on the grounds that he is a "former president." But Chen's condition would also require a professional opinion from the medical community. In other words, the Ma government may wish to consider legal, political, and humanitarian factors. But its passivity has made all of these options difficult.

Chen Shui-bian has been in prison for six years. Despite his corruption, immorality, and dereliction of duty, every time a health problem emerged, medical leave was granted. Giving him special consideration is not out of the question. But when a president breaks the law, he must be treated the same as any ordinary citizen who breaks the law. If the appeal is to "humanity," then other inmates must be treated the same way. Therefore if ruling and opposition party politicians want to argue the matter, the consistent solution would be to amend the law to relax the requirements for medical leave. Only this would be consistent with the universal application of "humanitarian" considerations.

Two. Giving Chen leave does not mean he is "not guilty." This must be clearly understood. Chen Shui-bian was convicted of corruption after two appeals. He was convicted of corruption in the Longtan case, the Diana Chen case, the Nangang Exhibition Hall case, the Yuan Ta and Fu Hua cases. The sums involved amount to over 600 million NT. He was convicted and sentenced to 20 years in prison, and fined 200 million NT. He is also implicated in the state affairs fund case and multiple cases of embezzlement. He has yet to appear in court for these because currently these cases cannot proceed. That does not mean that he and others are innocent.

Therefore, the term "freeing Chen" is highly misleading. Even if the Ministry of Justice grants medical leave, It merely means that his physical condition prevents continued incarceration. In fact, he has been receiving medical care from Peiteh Hospital for some time. That does not mean he was "freed" or "acquitted." Alas, the Green Camp has been up to its usual political tricks. Chen Shui-bian may well be granted "medical leave." But the green camp spins it as "release from prison." They are even arguing that he was never guilty in the first place, but was merely a victim of a KMT "miscarriage of justice" then thrown into a "dungeon." The ruling party must make the truth on this point clear. It must not allow the DPP to confuse the public.

Three. Chen and the DPP are mistaken. Chen family corruption cases began erupting In 2006. The DPP backed him unconditionally. It helped him cover up his crimes. Even after his conviction, the DPP never admitted this or issued an apology. It has dug in its heels to this day.  Instead, it attempted to make excuses for Chen. Even now it threatens a hunger strike. It is as if Chen Shui-bian never had a problem with corruption or misconduct. How then, can the DPP claim that it has "the ability to engage in soul-searching?"

Consider also Chen Shui-bian's attitude. Chen has been in prison over six years. He has never once expressed any remorse for his heinous crimes of corruption,  let alone apologize or admit guilt. Also, Wu Shu-chen's corruption was no less serious than Chen's. But her poor health gave her a pass and spared her a prison term. It did not mean she was not guilty. Also, the Chen family has squirreled away vast sums overseas. These have yet to be recovered. Several cases have yet to go ahead due to health reasons. Has the green camp blanked these out while demanding medical parole for Chen?

Consider the perspective of the public. Assertions that Chen's release would bring "blue-green reconciliation" to Taiwan are sheer fantasy. Assertions that Chen Shui-bian going "home for the holidays" would bring warmth to the community are self-deception. Most importantly, this "Free Chen!" farce must not be spun as "Ah-Bian's resurrection." It must not be spun as “The Chen family was never guilty of corruption at all." It must not be allowed to invert right and wrong. To avoid these problems, we urge Chen and the DPP to apologize to the public before Chen is freed. People have been awaiting this moment for six years.

陳水扁和民進黨都尚欠全民一個道歉
【聯合報╱社論】
2014.12.23 02:04 am

民進黨九合一選舉大勝後的首件大事，就是集合十三名當選的縣市長，齊聲要求馬政府釋放陳水扁，宣稱這是「藍綠和解」的第一步。前副總統呂秀蓮更指定日期，要求在本月廿五日前釋扁，否則將發動絕食抗議。在這樣的壓力下，馬政府似乎只能被迫步步撤守，放寬解
釋，昨天法務部的鑑定作業便充滿這種放水的情緒。

一場民主選舉結果，勝利者關心的不是國家經濟發展大計，不是如何收拾殘破的政局，卻將全部重點放在一名貪瀆前元首身上；民進黨的做法，對得起它虛胖的民意支持嗎？而馬政府先前一再宣示尊重法治專業，但臨到選舉挫敗當頭，法務部長卻忙不迭地為扁家「指點迷津」，示意可以網開一面從寬認定，也未免氣短而畏縮。

目前朝野「釋扁」的氣候已經箭在弦上，但其間有一些曖昧、灰暗的法理及倫理議題，仍有待釐清，這是執政黨和在野黨乃至扁家都無法迴避的事。各方如果不能說清楚、講明白，一旦隨意鬆手放扁回家，勢必引發諸多後患。

第一，釋扁是人道考量或政治考量？民進黨聲稱釋扁是「藍綠和解」的第一步，顯然將此事視為政治象徵。然而，馬政府捨「特赦」而採「保外就醫」之途，顯然希望將此事局限在法律層次，希望僅就陳水扁「前總統」之身分從寬認定，而其病情也恰好有醫界的專業意見作為佐證。亦即，馬政府希望兼顧法律、政治、人道三方面的因素，但由於形勢已嚴重落於被動，反而顯得面面不俱到。

事實上，以陳水扁之貪汙、無德、失職，在關了六年之後，身體每下愈況，要讓他保外就醫，並非不能給予特殊考量。然而，從「總統犯法與庶民同罪」的法理看，如果要從「人道」的角度處理陳水扁的情況，對其他受刑人也應該採取同樣的標準。因此，朝野政治人物若要置喙此事，更根本的辦法應該是推動修法，放寬保外就醫的相關規定，這才合乎普世價值的「人道」。

第二，「釋扁」並不等於「無罪」，其間因果邏輯必須清楚說明。陳水扁是經司法三審定讞的貪汙犯，他在龍潭案、陳敏薰案、南港展覽館案、元大併復華案等合計貪汙所得達六億餘元，皆被判刑定讞，須合併執行最高廿年的徒刑，並併科兩億元罰金。除此之外，他還有國務機要費案、侵占公文案等多個案件因無法出庭，至今無法審結，這並不表示他和其他相關人等在這些案件中無罪。

也因此，所謂「釋扁」是一個易滋誤解的措詞。就算他通過法務部鑑定可以「保外就醫」，也只意味其身體狀況不適合繼續坐牢（其實他早在培德戒護就醫），並不表示他獲得「假釋」或「無罪釋放」。然而，以綠營慣用的政治伎倆，極可能將陳水扁的「保外就醫」說成「獲釋」，甚至說他原本無罪，卻受冤坐了國民黨的「冤獄」或「黑牢」云云。這點，執政黨必須清楚說明，民進黨更須保證不會混淆視聽。

第三，關於陳水扁和民進黨的認錯態度。從二○○六年扁案爆發後，民進黨始終在全力挺扁，幫他遮掩；即使在扁定罪入獄後，民進黨也從未就此向社會道歉認錯。拗到今天，它反而振振有詞地要求釋扁，甚至以絕食作為要脅，彷彿陳水扁從來沒有發生貪瀆失德的問題。這樣的民進黨，還敢說自己是「有反省能力」的政黨嗎？

再看扁家的態度。陳水扁入獄六年多來，從來不曾為自己犯下的滔天貪瀆罪行有過任何反省，遑論道歉認錯。再說，吳淑珍的貪汙情節其實絲毫不遜於陳水扁，只是因為她的身體違和而免於繫獄，並非她無罪。然而，扁家藏在海外的許多賄款迄今尚未追回，若干案件也因兩人健康因素而停擺；這些，難道也都要隨著陳水扁保外就醫一併拋諸腦後？

從民眾的角度看，要說釋扁能為台灣帶來「藍綠和解」，恐怕是天方夜譚；要說陳水扁能「回家過年」可以為社會增添溫暖，也只是自欺欺人。重要的是，這齣「放扁記」的大戲，絕不能淪為「阿扁復活記」的序曲，不能變成扁家「貪瀆無罪」的政治證書，更不能使社會的是非黑白觀念因此被扭曲顛倒。為了避免這些後遺症發生，我們要求陳水扁和民進黨在釋扁前應先向社會大眾致歉；這一刻，民眾已經等了六年。