The “Petition for extraordinary relief in the nature of Writ of Mandamus” has been filed early this week by Dr. Jonathan H. Levy, Esq. to the United States Court of Appeals for the Armed Forces (450 E. Street N.W., Washington, D.C. 20442), and the Respondentis the United States Military Government for Taiwan.
Chen Shui-bian’s writ and declarations speak for themselves.Chen Shui-bian and his family are the victims of a political vendetta by one of the most historically corrupt organizations in the world, the Kuomintang.Rather than commit suicide or submit to a life sentence as suggested by his enemies, Chen Shui-bian has chosen to reveal the true nature of the relationship between the United States and Taiwan.
It is the United States, specifically the US military, which holds the ultimate fate of Taiwan in its hands as well as the safety of Chen Shui-bian and his family.We pray that the US military court will recognize the injustice being visited on Chen Shui-bian and the tremendous importance of the case and accept jurisdiction with appropriate safeguards for the sake of both the Taiwanese and American people.
Theme: Taiwan Civil Rights Litigation Organization (TCRLO) is sponsoring this legal action against the United States government for former President Chen Shui-bian, demanding full respect for Mr. Chen’s civil rights, and his immediate release from incarceration.
Explanation: Mr. Chen Shui-bian has decided to use international law and US constitutional law to solve the current legal problems which he is facing, and in this way to also help solve the legal problems which the native Taiwanese people are facing under the April 28, 1952, San Francisco Peace Treaty.
Dr. Jonathan H. Levy is serving as legal counsel in this important case. He is a faculty member at Norwich University, Northfield, Vermont and a professor of law and diplomacy with expertise in criminal law and internal law and is a member of the International Criminal Bar in The Hague. Dr. Roger C. S. Lin is serving as advisor and coordinator in Taiwan.
The ROC government in exile in Taiwan has often fabricated the existence of many crimes for persons who fell in its disfavor, and the present situation regarding former President Chen is no exception. All the vast resources of the KMT political machine have been called into action in order to punish and threaten those persons who appear to harbor any disloyalty, and calls by the current Vice-President Vincent Siew for all members of the administration to “join the KMT” only underline this observation.
Former President Chen, in his position as a native Taiwanese person, has filed a lawsuit in the US Court of Appeals for the Armed Forces. His intent is to clarify that native Taiwanese people are not “Chinese,” and should not be subject to any legal prosecution by courts of a Chinese government in exile.
Documents filed with the Court:
(a)、Legal Brief (24 pages)
(b)、Two [Aug. 5, 2009] Affidavits of Chen Shui-bian (8 pages)
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