FIDH (International League for Human Rights) open letter to human rights concerns in Taiwan back

Last Friday FIDH (headquartered in France, an almost eight decades of history, has more than 100 tissue-type members of human rights groups) issued an open letter to Taiwan's Ma Ying-jeou and Liu has been faxed to its headquarters in France office and online at its official bulletin.

(Chinese translation edition)

Caused by President Ma Ying-jeou, Premier Liu Chao

Against Chinese envoy Chen Yunlin during his visit to Taiwan by peaceful means of protest against the citizens, and attacks by restriction of personal freedom, the International League for Human Rights (The International Federation for Human Rights, FIDH, is located in France) to express their deep concern. FIDH believe that such kind of national security to arrest with violence, serious violations of human rights.

According to our sources, since November 3, 2008, the Taipei City deployed more than 7000 police officers. Authorities to take drastic measures, such as confiscation or damage to private property, harassment, attacks near unclear definition of the people of the control zones, highway lane clearance mandatory, arbitrary search and arrest, restrictions on freedom of movement of citizens. Chen Yunlin to visit Taiwan in the period, to Vivian on the grounds of the said act.

We are concerned that such violations are in fact the purpose for the oppressed citizens freedom of speech. This kind of unprecedented restrictions on the freedom, obviously beyond the limits of Vivian. For example, citizens could not fly or to carry the flag of your country may not be shouting "Taiwan is not part of China" and other slogans, are prohibited from bringing photographic equipment, not to show the authorities think is wrong with music.

The purpose of these measures seems to be so in order to silence political dissidents, and not for Vivian, and so the practice of your country in flagrant violation of the Constitution Article 11 and 14 guarantee freedom of speech and the spirit of international human rights standards. Therefore, FIDH demands the National Police Administration and the National Security Bureau in your country should be in accordance with the Constitution and laws, too, when its law enforcement actions. Judicial Yuan and the Control Yuan should immediately for all cases involving violations of human rights, to conduct an independent and impartial investigation, all outstanding fulfill their duties according to law officials should be accountability. Excessive law enforcement, especially the National Police Administration and the National Security Bureau in your country should be based on Article 24 of the Constitution "Where an offense against civil rights or freedoms of the people who除依subject to disciplinary law, the responsibility for criminal and civil liability. The people killed on the damage, and may request compensation for the law in the country. "

FIDH a special appeal to your Government's authority to modify the assembly and procession law: the abolition of public meetings and processions permit system, a shift to reporting to the regional system and the repeal of the special constraints, because the current method of public meetings and processions, the Administration has imposed too many restrictions to give the people freedom of expression, assembly and discretion . In addition, the Administration should abolish martial law left over from the deportation order, as well as special criminal penalties. Finally, the Taiwan authorities should set up police enforcement Ordinance to allow a police officer on duty has clearly stated his / her capacity as the obligation to ensure its legality and legitimacy.

His Excellency, the organization firmly believes that the democratization of Taiwan's outstanding score are standard throughout Asia. Thus the expression of the Organization for Human Rights in Taiwan decreased level of concern about the solemn warning, and as to lower the value of Taiwan's democracy and human rights signal a negative trend. Hope you carefully consider the above concerns,

Your sincere
Souhayr Belhassen

FDIH President

20/11/2008
Taiwan

Deep concern regarding the detention and attacks against citizens protesting peacefully during the visit of Chinese envoy Mr. CHEN Yunlin

Open letter to

President Ma Ying-jeou
Premier Liu Chao-hsuan
Republic of China - Taiwan
Your Excellencies,

The International Federation for Human Rights (FIDH) is writing to you to express its deep concern regarding the detention and attacks against citizens protesting peacefully during the visit of Chinese envoy Mr. CHEN Yunlin. FIDH believes that such arrests and violence are grave violations of human rights, under the pretext of national security.

According to the information received, since November 3rd, 2008, the city of Taipei has been heavily occupied by more than 7000 police officers. The authorities have taken many drastic measures, including: confiscating and damaging private property, harassing and assaulting people who came too close to undefined or vaguely defined areas, clearing communal highway lanes with force, conducting random searches and arrests, and restricting the freedom of movement of citizens. These actions have been taken during Mr. CHEN's visit, in the name of protecting security.

However, we fear these aggressions in fact aim at suppressing the right to freedom of expression of citizens. To supplement this violence, there are also unprecedented restrictions which clearly overpass the limits of ensuring security. For example, citizens have been restricted from displaying or carrying the national flag of Taiwan, forbidden to declare that "Taiwan is not part of China", forbidden from carrying filming devices, and restricted from playing any music the authorities consider inappropriate.

These measures seem to be aimed at silencing political opinions rather than protecting security, and thus they blatantly violate the Constitution of Taiwan, notably Articles 11 and 14 which protect freedom of expression and international human rights standards. Consequently, FIDH requests that the National Police Agency and National Security Bureau, bound by the Constitution and the national legislation, should be held responsible for violating their legal obligations. The Judicial Yuan and Control Yuan should immediately conduct independent and impartial investigations into all allegations of human rights violations and hold all personnel in office accountable for neglecting their civil and legal obligations, in line with the Judicial Yuan's recent statement that "it is very important to form an objective and solid review standard, and make the constitutional reviews more predictable and trust-worthy to people". Those who perpetrated these violations, particularly in the National Police Agency and National Security Bureau, must be held accountable, in accordance with Article 24 of the Constitution of Taiwan, which stipulates that "Any public employee who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to disciplinary punishment in accordance with law, be liable to criminal and civil action. The victim may, in accordance with law, claim damages from the State for any injury sustained therefrom. "

More generally, FIDH calls upon the government to amend the Parade and Assembly Law, in particular: to abolish the requirement for mandatory permits and adopt the system of voluntary basis and the clause on special area of restriction, which gives too much discretion to the authority to restrict people's freedom of association and freedom of expression. In addition the authorities should abolish the order to dismiss as well as the provisions on special criminal punishment, which is a legacy of the martial law era. Finally, Taiwan should establish the protocol for law enforcement personnel who should have the obligation to clearly announce his or her identity when on duty, to ensure legitimacy and accountability.

Your Excellencies,

Our Organization firmly believes that the fruit of Taiwan's remarkable democratization has landmark significance to the Asian continent as a whole. We therefore express our serious concern over the alarming human rights degradation in Taiwan, and we do take it as a signal of a negative trend undermining the values of democracy and human rights on which Taiwan should be based. Hoping that you will take into consideration the above mentioned concerns, I remain,

Yours sincerely,

Souhayr Belhassen

FIDH President

Quote from: FIDH official website
Taiwan Association for Human Rights