轉載: 第三封公開信(侵蝕中的司法) Eroding justice: Open letter No. 3 (部分翻譯,updated on 1/21 USA time)

轉載: 第三封公開信(侵蝕中的司法) Eroding justice: Open letter No. 3 (部分翻譯)
老實說, 這些老外(美國,歐洲與澳洲學者)的動作還真快. 現在已經是第三封公開信了. 這次對象是馬先生,而不是王清峰.

今天晚上的課,下課已經累了. 先貼原文,要是有空再補上其他的翻譯. 現在先翻譯/摘要部分如下.

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原文連結
Eroding justice: Open letter No. 3

Wednesday, Jan 21, 2009, Page 8
DEAR PRESIDENT MAWe the undersigned, scholars and writers from the US, Canada, Europe and Australia, consider ourselves long-time supporters of a democratic Taiwan. We write to express our concern regarding the erosion of the judicial system in Taiwan during the past few months.

On two previous occasions we have publicly expressed our concerns to Justice Minister Wang Ching-feng (王清峰), but the minister’s responses are troubling in their persistent failure to acknowledge that there even is a problem, and in their attitude of denial that the judicial process is flawed and partial. We trust that our raising our concerns with you as president will be treated as advice from international supporters of Taiwan’s democracy who care deeply about the country and its future as a free and democratic nation.

(在過去我們前後兩次對法務部長王清峰提出我們的憂慮, 但是王部長堅持拒絕問題所在,也拒絕承認台灣司法程序有瑕疵且不公正. 基於此,也基於對台灣民主的關心,我們發表這封公開信, 希望馬總統你以國際學者關心台灣未來的自由與民主的態度,來看待這封公開信) [簡單講, 因為部長死不認錯且一錯在錯,才會因此將受信者提高到總統的層級啦!]

First we may mention the fact that your administration has not yet acted upon recommendations — made both by Freedom House and Amnesty International — to conduct an independent inquiry into the events surrounding the visit of Chinese envoy Chen Yunlin (陳雲林), and in particular the police behavior and infringements on basic freedoms. The establishment of a scrupulously neutral commission is essential if there is to be a fair and objective conclusion on the disturbances that occurred during the Chen Yunlin visit.

(首先,台灣並未依照之前國際組織,包含自由之家與國際特赦組織的建議成立獨立小組來調查陳雲林期間對人權,特別是警察濫權與拑害言論自由的相關案件.)

Second, we are concerned about the legal proceedings in the case of former president Chen Shui-bian (陳水扁). The switch of the case from a three-panel court that released him on his own cognizance on Dec. 13 to a court that subsequently re-incarcerated him on Dec. 25 — both Christmas Day and Constitution Day — seems to have resulted from political pressure from KMT members of the Legislative Yuan. In his commentary in the South China Morning Post of Jan. 8, 2009, professor Jerome Cohen presented details of such political interference in the judicial system, while The Associated Press on Jan. 4 also gave incisive insights in the process that took place.

(第二:我們關心陳水扁案件的法律程序. 從重新覉押與併案等看來都是遭受到國民黨立法委員施壓的結果. 孔傑榮曾經對此發表評論並刊載在今年一月八日南華早報裡)

Third, we are deeply concerned by the widespread pattern of leaks to the media regarding ongoing cases — leaks which because of their content and nature can only have come from the prosecutors’ offices. As was reported by The Associated Press on Jan. 4, 2009, prominent observers in Taiwan such as professor Wang Yeh-lih of National Taiwan University charge that these leaks come from prosecutors who “consistently violated the principle of guarding the details of investigations during the Chen case.”

(第三,我們非常憂慮檢察官向媒體洩漏訴訟中案件的任何資訊的情況...........據美聯社1/4的報導指出,台大教授王業立也曾經提到類似的觀點,尤其是陳水扁的案子)

This pattern of behavior displays a distinct bias in the judicial system and a disregard for fair and impartial processes.The lack of attention to professional judicial standards reached a new low with the skit by several prosecutors who satirized those whom they are prosecuting. We are disturbed by Minister Wang’s defending this as “just for fun.”

(從司法節的鬧劇演員包含數位審判陳水扁案的檢察官看出, 司法人員缺乏專業標準的情況來到新低點, 而王部長卻以"那只是好玩"一語輕描淡寫帶過)

Press agencies quote the minister as saying: “It was just a play to help everybody relax. There’s no reason to take it too seriously.”

In our view the actions by the prosecutors and the comment by Minister Wang display a lack of judicial professionalism and political neutrality.

(以我們的觀點看來,審理扁案中的檢察官參與演出與王部長的回應都顯示台灣缺乏司法專業性與政治中立性--也就是台灣司法不專業而且受到政治影響啦)

We reiterate that any cases of alleged corruption must be investigated, and that if the defendants are found guilty in a scrupulously impartial process, they should receive just punishment after trial. We thus emphasize that the political neutrality of the judicial system is a fundamental element in a democracy. The examples mentioned above indicate that the investigative process has been conducted and sensationalized to the extent that both the right of the accused to a fair trial, and the presumption of innocence have been seriously jeopardized. Justice through the rule of law is essential to Taiwan’s efforts to consolidate democracy and protect fundamental human rights.

(我們要強調司法體系中的政治中立是民主的一個基本元素. 上述的例子顯示調查過程不但偏頗沒有確保公正審判,而且也嚴重斲傷無罪推論的基本假設. 司法對於台灣強化民主與確保人權來講很重要)

In addition to the harm done to the personas of those accused, the international image of Taiwan has suffered. A president of a country bears political responsibility for the conduct of his subordinates’ actions, and we therefore urge immediate and decisive action to correct the severe flaws in the process that are staining the national honor, perhaps irreparably.

(除了上述例子的相關人士受到傷害外, 也影響台灣的國際形象. 請馬總統好好看管部署,立即糾正這嚴重的錯誤啦!) [所以說這才就做丟臉丟到國際上嘛!]

Taiwan’s judicial system must be not only above suspicion but even above the appearance of suspicion of partiality and political bias. We appeal to you, Mr President, to restore the credibility of the judicial system in Taiwan and ensure that your government and its judiciary and parliamentary institutions safeguard the full democracy, human rights and freedom of expression, for which the Taiwanese people have worked so hard during the past two decades.

(結語就是要馬總統好好捍衛台灣二十年來的民主,人權,自由表達的權利啦,也請馬總統好好重建台灣司法的公正性啦)

Respectfully yours,

Nat Bellocchi, former chairman of the American Institute in Taiwan

Coen Blaauw Formosan Association for Public Affairs, Washington DCStéphane CorcuffAssociate Professor of Political Science, China and Taiwan Studies, University of Lyon,

France Gordon G. Changauthor, “The ComingCollapse of China”David Curtis WrightAssociate Professor of History, University of Calgary

June Teufel DreyerProfessor of Political Science, University of Miami,

FloridaEdward FriedmanProfessor of Political Science and East Asian Studies, University of Wisconsin,

Madison Mark HarrisonSenior Lecturer, Head of the Chinese School of Asian Languages and Studies, University of Tasmania, Australia

Bruce JacobsProfessor of Asian Languages and Studies, Monash University, Melbourne, Australia

Richard C. KaganProfessor Emeritus of History, Hamline University, St Paul Minnesota. Author, “Taiwan’s Statesman,

Lee Teng-hui and Democracy in Asia” and other works on Taiwan

Jerome F. KeatingAssociate Professor, National Taipei University (Ret.). Author, “Island in the Stream, a quick case study of Taiwan’s complex history” and other works on Taiwan’s history Hon.

David Kilgourformer Member Parliament and Secretary of State for Asia-Pacific, CanadaVictor H. MairProfessor of Chinese Language and Literature, University of Pennsylvania

Donald RodgersAssociate Professor of Political Science, Austin College, Texas

Terence RussellProfessor of Chinese Language and Literature, University of Manitoba, Canada

Christian SchaffererAssociate Professor, Department of International Trade, Overseas Chinese Institute of Technology, Chair Austrian Association of East Asian Studies, Editor “Journal of Contemporary Eastern Asia”

Michael StaintonYork Center for Asia Research, Toronto, Canada

Peter TagueProfessor of Law, Georgetown University, Washington DC John J. Tkacik Jrformer Senior Research Fellow, The Heritage Foundation, Washington DC

Arthur WaldronLauder Professor of International Relations, University of Pennsylvania

Vincent Wei-cheng Wang Professor of Political Science, University of Richmond, Virginia

Gerrit van der WeesEditor Taiwan Communique, Washington DC

Stephen YatesPresident of DC Asia Advisory and former deputy assistant to the vice president for National Security Affairs

Terri GilesExecutive Director, Formosa Foundation, Los AngelesDaniel LynchAssociate Professor, School of International Relations, University of Southern California

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延伸閱讀
第一封公開信 與 王清峰的回函

第二封公開信 與 王清峰的回函