昨天在MSN上跟朋友聊天, 因為聊到洞穴奇案那本講法律的書而扯到扁案. 我說: "我猜,隨著扁案開審,孔傑榮近期又要有文章發表了. 這樣子我只要轉載就好了, 不用寫新文章. 哈哈". 朋友笑我懶惰也就罷了還先找好plan B了.
講完我就睡覺去了. 沒想到今早起來,因為放假(馬丁路德紀念日)不用上學就上網閑晃一下,發現孔傑榮真的有新文章了,而且還有中譯了. 台灣有國際觀的人真多, 好現象.
老實說,我對扁案的關心只在於程序正義的問題. 只要程序正義,審判公正,因此建立人民以及國際對台灣司法的信心, 那就是我希望看到的結果了! 阿扁有最無罪根本對我來講一點都不重要啊! 我甚至對於DPP有些人到現在還在談要不要和扁切割覺得很厭煩, 甚至覺得無聊. 也對因為最近政府的一些作為每每引起國際批評(從人權,司法到民主自由等)覺得很尷尬, 因為美國同學回過頭來笑我說, 你引以為傲的台灣民主與自由,也不過如此而已(尤其這篇,司法竟然被譏為馬戲團,真是太尷尬了).
Mentor urges Taiwan's Ma to ensure trial fairness, AP, Published: January 17, 2009 (or here)
TAIPEI, Taiwan: The Harvard Law School mentor of Taiwan's President Ma Ying-jeou said Saturday that his former student needs to urgently act to prevent an "increasingly disturbing circus atmosphere" from prejudicing his predecessor's right to a fair trial.
Jerome Cohen's comments to The Associated Press follow last week's biting skit that mocked former President Chen Shui-bian, performed by prosecutors at a Taiwan "Law Day" dinner attended by Justice Minister Wang Ching-feng, judges, and other leading lights of the island's legal community.
The skit made fun of Chen at the time of his arrest on graft charges in November, with a woman depicting him waving his manacled hands in the air and complaining about police brutality and judicial persecution.
At least one of the prosecutors appearing in the skit is involved in the continuing investigation of Chen.
Chen goes on trial Monday on charges of money laundering, bribery and looting a special presidential fund. While admitting his family wired more than $20 million to overseas bank accounts under its control, he says the money was unused campaign contributions that under Taiwanese law are his to deal with freely.
Cohen, now a law professor at New York University, is one of the world's foremost experts on legal systems in Taiwan and China. He mentored Ma three decades ago at Harvard and they remain close. They last met in the presidential office in Taipei on Dec. 16.
孔傑榮，目前是哈佛大學法學教授，是全球頂尖的台灣與中國法律體系專家。他三十年前曾經擔任馬英九在哈佛大學的指導教授，兩人一直保持親近的關係。他們最近一次會面是 12 月 16 日在台北總統府。
In a telephone interview with the AP, Cohen called performing the skit "unthinkable."
"It is as if there are people trying to repudiate all the progress that Taiwan has made over the past 15 years," he said, referring to the island's gradual transition from dictatorship to multiparty democracy.
Cohen said Ma should move swiftly to force Justice Minister Wang to clarify remarks she made in defense of the skit, including her characterization that it was, "just a little performance reflecting on current affairs."
"If he doesn't get this, who in Taiwan can get it?" he said.
Presidential spokesman Wang Yu-chi said Ma would not intervene with the justice minister on Chen's trial.
"President Ma Ying-jeou's stand is that he respects the judiciary and he does not interfere with individual cases," he said. "At the same time he hopes that the judiciary will behave in a way that does not induce improper political reactions on the part of the public."
There is "an increasingly disturbing circus atmosphere" surrounding the Chen trial, Cohen said, that includes not only the mounting of the skit, but also a decision by a Taipei court to reverse itself and order Chen jailed pending his trial.
Chen was originally locked up for 32 days to allow prosecutors to build their case against him, then ordered freed on his own recognizance by the court. However, he was returned to jail on Dec. 29 after a new panel of judges heard the prosecutors' second appeal against him.
陳水扁最早被關了 32 天，讓檢察官得以完成對他起訴，然後法院下令具結釋放。然而，12 月 29 日新的法官團在審理檢察官第二次上訴後他又再次入獄.
Cohen said Ma's handling of the Chen case revealed an apparent choice to placate the extremist wing of his ruling Nationalist Party rather than reaching out to Taiwan's broad political middle.
"He's acting like (President George W.) Bush in catering to the most right wing conservative elements," he said.
Presidential spokesman Wang rejected that characterization.
"(Ma's) hands-off policy has irritated some party members who hoped he could deal with the Chen case more aggressively," he said. "So it is incorrect to say that President Ma is trying to placate some party members with the way he is treating the Chen case."