Chen's detention raises some issues

Aside from their controversial views of the “crimes” committed by Chen, the undersigned of the document did raise a significant legal point worthy of discussion: Should anyone be justifiably put in detention for a long time with handcuffs and shackles, and be treated like a “de facto” criminal, when in fact the law presumes him (or her) “innocent” before a final verdict is rendered by court? Of course, another question will follow: If a crime suspect is not caught and detained, how can he (she) be judged by court as to whether he (she) is innocent or not?

Thus, the present detention measure as stipulated by the law is not totally justified, morally and logically speaking. It can only be regarded as a “necessary evil” in pursuit of ultimate justice. (Sounds a little weird isn't it when one must be persuaded to believe justice can be achieved through injustice?)

In a recent commentary, Chen Charng-ven, a noted attorney at law in Taiwan, suggested that “substitute measures” be adopted to avoid the kind of detention penalty that causes extreme loss of personal freedom to crime suspects. Among his recommendations was that the accused should be equipped with a GPS auxiliary system that allows electronic tracking to reduce the possibility of escape. With such an installation, Chen argued, suspects charged even with serious crimes may not have to be detained for long.

Another way of rectification is to speed up the legal proceedings. In Taiwan it was not surprising to see that some cases dragged on for years without a final court judgment. When this happened, the accused had to spend this much time in detention before he formally began serving his jail term, if he was convicted. If found not guilty, then it meant he was detained needlessly. Is there a more flagrant violation of human rights than this? It has long been known that Taiwan's judicial branch lacks sufficient resources to handle cases rapidly and effectively.

Many of the staff members are overburdened, and some are incapable and corrupt. A thorough reform of the judicial system, the backbone of a genuine democracy, has been long overdue.

It is a fact that former President Chen has spent almost all of his time in detention facing embezzlement charges since he stepped down as Taiwan's head of state in May 2008.

Such treatment of a former supreme leader has become a concern not only to his “green” supporters but to all decent locals. Now the nationwide question is: Why has it taken the court so long to collect evidence against Chen, so much so that even though a year has passed, there is still concern about him eliminating or collaborating with others on potential evidence?

Relevant authorities may need to offer some public explanations.

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