Prosecutors and judges shouldn’t be discouraged by pressure

Reacting to the meeting held by the Ministry of Justice (MOJ) Thursday to discuss whether or not the ministry would request a constitutional interpretation by the Council of Grand Justices on the legal proceedings about President Chen Shui-bian’s “state affairs fund” now going on in court, Prosecutor Chang Hsi-huai lamented that the move made him feel “his blood running cold.” Another prosecutor, Chen Jui-jen, who had indicted the first lady on embezzlement charges, said the MOJ should stand by the prosecutors. Earlier, it was reported that some lawmakers of the ruling Democratic Progressive Party (DPP) threatened to lead massed supporters in encircling the ancestral home of Prosecutor Hou Kuan-jen in Chiayi in southern Taiwan if Hou does not prosecute Ma Ying-jeou, the chairman of the largest opposition, Kuomintang (KMT), in the “special affairs fund” case.

President Chen and his party, the DPP, have made all-out efforts to find ways to obstruct the court trial of the first lady and high government officials implicated in corruption scandals, including seeking constitutional interpretations of whether the presidential immunity from prosecution is temporary or for life and whether the immunity covers the first lady. Even though mere common sense can tell that some of the reasons given by the president and his lawyers for their requests are unjustified and ridiculous, Chen is still being firmly backed by his party and die-hard supporters.

The pressure exerted by the executive branch on the judiciary is overwhelming, indeed, some of which come in the form of naked personal threats. Under these circumstances, it is not difficult to understand the frustration and low morale of the members of the court, who are also human beings. But, they must be reminded that they may be dismayed but they can and should never be discouraged. They must realize that, first, their job is secure for life regardless of whatever the administration intends to do to them. Second, their bosses, such as the minister of justice and the prosecutor-general, are appointed by the government and hence they are subject to much greater pressure from the top. It is not surprising that, to protect their position, very often they have no choice but to follow the directives from above, even against their own conscience. Third, conscientious prosecutors and judges are the last defense of justice in the Taiwan democracy, and some of their courageous colleagues have already set good examples in handling cases involving the first family. Fourth, all decent local residents support the determination of the court to safeguard democracy.

In his last-ditch desperate attempts to save himself and his family, President Chen has resorted to all kinds of measures, legal or not, to pull through the crisis. If his efforts succeed, he will possess absolute imperial power in modern times, as many knowledgeable observers have asserted. This would be a shocking tragedy in world history. Therefore, it is the greatest duty of all people here, the court in particular, to strive to prevent such a disaster from happening.

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