US embassy cable - 04TAIPEI4036

C O N F I D E N T I A L SECTION 01 OF 02 TAIPEI 004036 
 
SIPDIS 
 
STATE PASS AIT/W 
 
E.O. 12958: DECL: 12/21/2014 
TAGS: PGOV, TW 
SUBJECT: JUSTICES DEFANG LY'S "TRUTH INVESTIGATION 
COMMISSION" 
 
 
Classified By: AIT Director Douglas Paal, Reason: 1.4 (B/D) 
 
1. (C) Summary: The Council of Grand Justices ruled on 
December 15 that key portions of the statute establishing a 
commission to investigate the March 19 shooting of President 
Chen Shui-bian were unconstitutional.  Although the "Truth 
Investigation Commission", established by the Pan-Blue 
majority in the Legislative Yuan (LY), will be allowed to 
continue working, the ruling strips it of most of its powers. 
 The Executive Yuan (EY) praised the ruling, saying it 
vindicated government agencies' refusal to cooperate with the 
commission's investigation.  The KMT's initial reaction was 
hostile, but it quickly moderated its tone and began to 
discuss possible modifications in the statute creating the 
Commission.  The People First Party (PFP), however, derided 
the decision, claiming it was the result of Pan-Green 
manipulation of the judiciary, and threatened a "radical 
approach" to dealing with the situation.  It remains to be 
seen whether the ruling will encourage the two sides to work 
together to create a mutually acceptable investigative 
commission.  End Summary. 
 
The "Truth Investigation Commission": A Most Partisan Birth 
--------------------------------------------- -------------- 
 
2. (C) The Pan Blue-dominated LY passed a statute on August 
24 establishing a special "Truth Investigation Commission" 
(TIC) to investigate the March 19 shooting of President Chen 
Shui-bian and Vice President Annette Lu.  Many in the 
Pan-Blue camp claim the shooting was staged to help Chen 
garner sympathy votes and thus unfairly win the election. 
The statute gave the commission nearly unlimited powers of 
investigation and stipulated that its members be appointed by 
the political parties in proportion to their share of LY 
seats.  The Pan-Green camp, calling the bill 
unconstitutional, fought it from the outset.  The 
DPP-dominated EY effectively vetoed the TIC bill in September 
by returning it to the LY for reconsideration.  After 
Pan-Green legislators failed to prevent the Pan-Blue LY 
majority from overturning this "veto," they petitioned the 
Council of Grand Justices to strike down the law as 
unconstitutional.  Meanwhile, the Pan-Greens refused to 
nominate members to the Commission, and the EY directed 
government agencies not to turn over documents or otherwise 
cooperate with the TIC investigation. 
 
Commission's Omnipotence Ruled Unconstitutional 
--------------------------------------------- -- 
 
3. (C) The Council of Grand Justices, Taiwan's highest 
judicial body, ruled on December 15 that some key portions of 
the TIC statute were unconstitutional, notably two articles 
giving the Commission unprecedented prosecutorial and 
investigative powers.  One article stipulated that no 
individual or government body could invoke any law exempting 
itself from being subpoenaed to give testimony, handing over 
documents, or otherwise assisting the Commission.  Travel 
bans and fines would be imposed on those who refused to 
cooperate.  The other article further authorized the 
Commission to try any alleged suspects before a high court 
and demand a retrial if the court's decision was found to 
contradict the Commission's findings.  The Justices ruled 
that the TIC can continue working, but only after the statute 
has been amended, eliminating most of its enforcement powers. 
 
 
Pan-Green Camp, EY Praise the Ruling 
------------------------------------ 
 
4. (C) Pan-Green officials praised the ruling, saying it 
vindicated government agencies' refusal to cooperate with the 
commission's investigation.  EY spokesman Chen Chi-mai said 
he was "grateful for the constitutional interpretation 
delivered by the Council of Grand Justices" and demanded the 
Commission "immediately cease all operations."  He added that 
"both President Chen and the Executive Yuan are eager to find 
the truth of the March 19 case . . . . but the procedures 
must be constitutional and legal."  He suggested that 
lawmakers of all parties consider forming commissions under 
the scope of the LY's existing constitutional powers to 
investigate other "cases of concern to the Taiwan people" in 
addition to the March 19 shooting.  Chen specifically 
mentioned several notoriously unsolved murders of dissidents 
during the KMT-imposed period of martial law. 
 
KMT Reluctantly Willing to Abide by Ruling 
------------------------------------------ 
 
5. (C) The KMT's reaction to the ruling was initially 
combative.  Commission member Yeh Yao-peng stated that the 
commission was "legally constituted" and would continue 
operation.  KMT spokesman Chang Jung-kung also expressed his 
immediate disappointment with the ruling, saying that the 
party "cannot accept the (Grand Justices') interpretation." 
By the next day, however, the KMT had begun to moderate its 
position.  On December 16, LY Speaker Wang Jin-pyng announced 
that the Party would respect the ruling and would work with 
all parties to amend the statute so that the Commission could 
continue its investigation.  Privately, however, the KMT has 
made it clear that it remains dissatisfied with the Council's 
decision.  In a meeting with AIT Acting Director the same day 
(septel), Wang complained that the ruling effectively 
eliminated the Commission.  Party Chairman Lien Chan, he 
said, had asked him to pass a message that the KMT would give 
up its objections to the USD 18 billion special defense 
procurement budget if AIT could convince the Democratic 
Progressive Party (DPP) to accept the existing TIC statute. 
 
A Defiant PFP Threatens "Radical Approach" 
------------------------------------------ 
 
6. (C) The KMT's Pan-Blue partner PFP, however, was more 
defiant.  On December 15, after the ruling was announced, PFP 
caucus whip Liu Wen-hsiung questioned the impartiality of the 
Grand Council itself, saying "We are not surprised about the 
outcome, since the Commission is investigating Mr. Chen 
Shui-bian and the Grand Justices are named by Chen."  He 
called on the Commission to continue its operations and urged 
"the public to refuse cooperation with the Grand Justices' 
interpretation."  In response to the KMT's more moderate 
stance the following day, Liu threatened that the PFP had not 
ruled out a more "radical approach" to dealing with the 
situation, but did not elaborate what that might entail. 
Members of the commission separately issued a statement 
saying that the ruling contradicted the five-branch 
government system of the ROC Constitution, and may have 
sparked a constitutional crisis.  PFP Legislator Chou Shi-wei 
suggested a constitutional amendment to eliminate the Control 
Yuan (CY), since its duties overlap with those of the 
Commission. 
 
Comment:  No Big Surprise 
------------------------- 
 
7. (C) The Council's ruling was not surprising, as parts of 
the original statute were widely viewed as contravening the 
Constitution.  The real question was whether the statute 
would be struck down before or after the December 11 LY 
elections.  The KMT's professed willingness to respect the 
ruling and consult with all parties suggests that, now that 
the elections are over, Commission legislation acceptable to 
all sides may now be possible.  However, the reactions by EY 
Spokesman Chen, Lien Chan, and the PFP provide clear 
reminders that the TIC is as much political football as 
investigative body.  All parties will continue to look for 
ways to exploit the March 19 shooting and the Commission to 
gain marginal advantage in Taiwan's highly acrimonious and 
evenly divided domestic political arena. 
PAAL