FIDH 國際人權聯盟對馬政府公開信漢文譯本
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20/11/2008

深切關心中國特使陳雲林訪問期間拘捕與攻擊和平抗議的公民
Deep concern regarding the detention and attacks against citizens protesting peacefully during the visit of Chinese envoy Mr. CHEN Yunlin

公開信給
Open letter to
馬英九總統
President Ma Ying-jeou
劉兆玄行政院長
Premier Liu Chao-hsuan

中華民國 – 台灣
Republic of China – Taiwan]

閣下們：
Your Excellencies,

國際人權聯盟(FIDH)寫信給你們，是要表達深切關心有關中國特使陳雲林訪問期間拘捕與攻擊和平抗議的公民。FIDH相信，以國家安全作藉口所行的這些拘捕與暴行是嚴重違反人權。
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.

依據收到的資料，自11月3日起，台北市被7,000多名警察密集佔據。當局使出猛烈的措施，包括沒收與毀壞私有財產、侵犯與攻擊太靠近限制區或模糊限制區的人士，以武力清除社區公路、任意搜索與逮捕、和限制公民行動自由。這些行動在陳先生訪問期間，以保護安全的名義，都用上了。
According to the information received, since November 3rd, 2008, the city of Taipei has been heavily occupied by more than 7,000 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.

然而，我們害怕實際上這些侵犯是要鎮壓公民的言論自由權。為了使公家暴力得逞，也進行史無前例的限制，明顯超過保護安全所需的範圍。例如，公民被限制展示或攜帶台灣國旗、被禁止宣稱「台灣不是中國的一部分、被禁止攜帶攝影器具、以及不得播送當局認為不適宜的音樂。
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.

這些措施似乎要壓制政治意見而不是要保護安全，結果是它們大剌剌地違反台灣憲法，尤其是第11與14條規定的保護言論自由與國際人權標準。因此，FIDH要求，受到憲法與國家法律制約的國家警察局與國家安全局必須為他們違反司法職權被繩以責任。司法院與監察院必須馬上針對所有違反人權的指責進行獨立暨公正的調查，並且究責所有怠忽公務與法律職責的公務人員，以期和監察院最近的發佈一致(恐翻譯的發佈內容不及原文悅耳動聽，我也懶得去找原文，請自行參考監察院的官文)。犯下上述違法的人員，特別是國家警察局與國家安全局的人員，必須被繩以責任，以期和台灣憲法第24條一致(請自行翻閱台灣憲法第24條)。
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."

更廣泛而言，FIDH請求政府要修改集會遊行法，特別是要廢除強制許可的規定，採納以自願為基礎的制度以及有關特別禁制區的條文，因為後者給予當局過多的裁量權來限制人民的集會與言論自由權。此外，當局必須廢除具有解散的命令以及特別刑事懲罰的條款，這是戒嚴法時代的殘餘物。最後，台灣必須建立執法人員必須把自己身份明確告知當事人的機制，以保證合法與負責。
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.
 

閣下們，
Your Excellencies,
我們的組織堅定相信，台灣發光的民主化果實對整個亞洲大陸有標竿的意義。我們因此對台灣人權令人驚訝的退化表示嚴重的關切，而且我們把它當作逐漸毀壞台灣立國之基的民主與人權價值的負面趨勢之訊號。希望你們考慮以上提出的關切。我靜候閣下們的佳音。
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,

敬祝政躬康泰
Yours sincerely,

蘇哈，貝爾哈生
Souhayr Belhassen
 
 

http://taiwanstudentmovement2008.blogspot.com/2008/11/fidh-press-release-open-letter-to.html
 

[FIDH] [Press Release] Open letter to President Ma, Premier Liu, and R.O.C.--Taiwan
Deep concern regarding the detention and attacks against citizens protesting peacefully during the visit of Chinese envoy Mr. CHEN Yunlin
20/11/2008
Taiwan
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 7,000 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
Original page: http://www.fidh.org/spip.php?article6006
Posted by CH at 9:58:00 PM 
Labels: FIDH, Open letter, press release