Taiwanese Human Rights Association of Canada

Ka-n-ti Ti-on Jn-kon Hiap-ho

March 19, 2012

Dear President Ma,

Recent reports concerning the conditions under which former President Chen Shui-bian is being held in prison, and about his health problems, have sparked widespread outrage and concern among Taiwanese Canadians. We wish to add THRACs voice to this chorus of concern. While some allegations about medications that President Chen has been given, and the conditions under which he is being held, appear exaggerated, it is clear that there are problems with his prison situation. We especially note that the Taipei Prison authorities were inexcusably slow in responding to President Chens medical complaints, waiting a month before sending him to Taoyuan Hospital, where it was discovered that he indeed was in immediate need of a heart operation. This is a violation of any prisoners human rights. It is clear that the conditions of imprisonment are damaging to President Chens health, even if his cell is no different from that of other prisoners. In particular the lack of exercise, because he is treated in a special way and not allowed to participate in regular prison activities, can only exacerbate his health problems. We note that his situation fails to meet the United Nations Standard Minimum Rules for the Treatment of Prisoners recommendation that "every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits" [UN Document E/3048 (1957), Article 21 (1)]. Moreover, the lack of daily interaction with other people and the stress of prison also appear to be affecting his mental state, as reported by legislator Chen Chi-mai after a recent visit. It is not acceptable for Taipei Prison administration to simply state that President Chen is being treated the same as everyone else, when his case is patently not the same as everyone else. Surely President Ma would not want to be remembered in history as the man who let his predecessor die in prison. For this reason, we urge President Ma to communicate to the Minister of Justice the importance of President Chen being treated in a way appropriate to his unique status, and the state of his health. This means that he should be given medical parole, and certainly better cell conditions and more exercise opportunity. There is no other democratic country which treats a former head of state as a common criminal and keeps him in prison. We urge President Ma to consider how the United States dealt with the case of President Nixon, and the Republic of Korea with President Chun Doohwan, then use the opportunity of his inauguration to a second term as President to pardon President Chen. This would be an exemplar of political righteousness and human rights to the world, bring an end to the rancor and bitterness of the past four years, and promote national reconciliation in Taiwan.

Taiwanese Human Rights Association of Canada President Michael Stainton and Executive Committee

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