加拿大台灣人權協會:抗議虐待陳前總統
http://www.taiwanenews.com/doc/20120319104.php馬英九總統鈞鑑:
最近有關前總統陳水扁在獄中的情況、以及他健康問題的報導,在加拿大台灣人社區引起了廣泛的憤慨和關注。加拿大台灣人權協會也在此表達我們的關切。
雖然對於給與陳前總統服用的藥物、以及他被囚禁狀況的一些指控,似乎有點言過其實,但很顯然他在監獄裏的情況,存有很多的問題。台北監獄對於陳前總統一再申請戒護就醫,於一個月後才將他送到署立桃園醫院,在那裏發現他確實罹患冠心症,必須即刻進行心導管手術。我們認為北監這種延遲陳前總統就醫、罔顧人命的作法是無可原諒的,這是對任何囚犯生命權與醫療權的嚴重侵害。
雖然陳前總統的囚室跟其他受刑人沒有什麼不同,但是他被監禁的情況,很顯然危害了他的健康。尤其是因為他受到特別的待遇,不允許他參加日常的監獄活動,因而缺乏運動,加劇了他的健康問題。如此,陳前總統的情況不符合聯合國囚犯待遇最低限度規則。該規則云「每一位沒有分派在外工作的囚犯,如果天氣允許的話,每天至少應有一個小時在露天做適當活動的時間」[聯合國文件E/3048 (1957) 第21條(1)]。此外,如同立委陳其邁最近一次探視後的報告,因為缺乏與其他人日常的互動和在監獄裏承受的壓力,似乎也影響了他的精神狀態。
我們無法接受監獄當局所言,陳前總統與其他受刑人接受同樣待遇的說法,因為他的情況顯然與其他受刑人不同。相信馬總統也不希望在歷史上被記載為一個讓他的前任在獄中死去的總統。
因此,我們敦促馬總統訓令法務部長,基於陳前總統的特殊地位以及他的健康狀況,必須給予適當的待遇 。這也就是說應該讓他保外就醫,同時也應改善囚室的狀況,並給予更多運動的機會。
世界上沒有一個民主國家像台灣這樣對待一位卸任總統,將他當做一般犯人關在牢裏。我們敦促馬總統彷效美國對待尼克森、南對待韓全斗煥等卸任國家元首的前例,利用第二任就職的機會,特赦陳前總統,以彰顯國際人權正義,並減少國內紛爭對立,促進台灣社會和諧。
加拿大台灣人權協會 Taiwanese Human Rights Association of Canada
會長 史邁克及全體委員 President Michael Stainton and Executive Committee
Toronto Canada 2012年3月19日
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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 THRAC’s 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 Chen’s 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 prisoner’s human rights.
It is clear that the conditions of imprisonment are damaging to President Chen’s 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 Doo-hwan, 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.
加拿大台灣人權協會 Taiwanese Human Rights Association of Canada
會長 史邁克及全體委員 President Michael Stainton and Executive Committee