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: JURIST - The Paper Chase

Taiwan high court rejects appeal for release of former president

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] Taiwan's High Court on Thursday rejected the appeal of former president Chen Shui-bian protesting the court's previous decision to detain him while he awaits trial on corruption charges. Chen's detention was ordered last month after the High Court overruled a decision by a Taiwanese district court to release Chen on his own recognizance. The High Court had previously rejected a decision by the district court to release Chen without bail, citing risks of flight, collusion and interference with other witnesses. Chen's lawyers argued that the detention was improper because Chen had not violated the terms of his release as granted by the district court, and that the detention was politically motivated. Although his appeals are now exhausted, Chen said he would ask for a constitutional ruling on his detention from the Council of Grand Justices. The High Court also rejected Chen's request to appoint a new presiding judge for the case. His trial is scheduled to begin on January 19. The former president was indicted last month by Taiwanese prosecutors on charges including embezzlement, receiving bribes, forgery, and money laundering. His wife, his son and daughter-in-law, three former presidential aides, and eight other associates and family members have also been indicted. Chen has been detained since his November arrest on suspicion of embezzling money from the state affairs fund. While in prison, Chen later went on a hunger strike and was hospitalized. Chen, the former leader of the now-opposition Democratic Progressive Party (DPP) who resigned the presidency in May 2008, has maintained his innocence and has said that the investigation of his conduct is a political attack by members of the ruling Kuomintang Party. Chen spent eight months in prison twenty-one years ago for defaming Nationalist leaders. In September, he was cleared on more recent defamation charges.

Full post as published by JURIST - The Paper Chase on January 08, 2009 (boomark / email).