Chen Shui-bian may be sued for removal of state files

Presidential Office spokesman Lo Chih-chiang said the legal action will be taken soon when confirming a media report on the plan.

The Presidential Office made the decision Tuesday to file a lawsuit against Chen after reviewing the matter thoroughly with legal experts, Lo said.

“This is indeed a serious matter because what Chen did was a breach of law and may have threatened national security if the classified information in those documents was leaked,” Lo said.

“The Presidential Office has a duty to handle the matter in compliance with the law and is considering suing Chen on charges of violating the Archives Act, Embezzlement of Public Property Act, Civil Servants Work Act, and Classified National Security Information Protection Act,” he said.

What is left now is exactly which regulations will be employed in the lawsuit, Lo added.

The matter concerning removed files and documents was brought to light in June when Chen's office wrote to the Presidential Office and the Special Investigation Division under the Supreme Prosecutors Office asking what to do with the more than 20 boxes of official documents that were stored there.

A senior aide to the former president said Chen's office was in the process of moving to a new location.

The Presidential Office responded by writing to Chen's office twice — in July and August — asking that the documents be returned before a certain date and warning that it will sue Chen if his office does not comply with the request in accordance with the existing regulations.

Chen's aides said there is no way for them to handle the affair. But they offered to hold the matter until the former president is released from the Taipei Detention Center.

They explained that only Chen himself can process the documents and files because they are in no position to open the document boxes because they could contain Chen's personal files plus some confidential documents related to national affairs. Chen could face a prison sentence of one to seven years if he is found guilty of illegally removing state documents.

Chen's office said it will deal with the matter in keeping with the law and with Chen's instructions.

The former president has been in detention since December 2008, on charges of embezzling state funds, laundering money, accepting bribes and committing forgery.

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