The Investigators Reform Association, which was formed in early September, set off a political firestorm by accusing the administration of following in the footsteps of its Kuomintang predecessor by carrying out politically motivated surveillance of opposition figures in the name of national security. The Office of the President, National Security Bureau, Ministry of Justice, and Investigation Bureau have all denied the charges, and President Chen stated, "I have never instructed security organs to carry out surveillance against specific individuals since assuming the presidency, and I have never even seen the so-called 'National Security Daily.'" The Association has stuck to its guns, however, and insists that the situation has not improved. Controversy continues to swirl. For a government that stresses human rights, this is an issue that cannot be ignored.
The IRA leveled its accusations at a press conference called to announce the group's formation on September 9. In addition to expressing support for reform of the justice system's intelligence gathering organs, the IRA accused the new administration of carrying out surveillance of members of opposition parties and persons viewed as rivals to the president. The administration has allegedly focused especially on KMT party chairman Lien Chan, People's First Party chairman James Soong, DPP chairman Frank Hsieh, and Taipei mayor Ma Ying-jeou.
IRA deputy chairman Su Yu-chi stated that abuse of investigative powers continues unabated today. Explaining the "chain of command" behind the surveillance, Su said that the Office of the President usually gets the ball rolling with an explicit or implied command to the National Security Bureau (NSB), which relays instructions to the Ministry of Justice Investigation Bureau (MJIB). Most investigations focus on political information on members of opposition parties. The IRA has drafted a "Law for Neutrality and Supervision of Intelligence Organs" in order to: (1) require that intelligence organs maintain strict political neutrality; (2) define clear jurisdictional boundaries between different intelligence organs; and (3) ensure proper supervision of their activities.
The IRA's accusations have elicited strong reactions. Taipei mayor Ma Ying-jeou was angered to learn that intelligence organs would abuse their power by carrying out political surveillance against the Taipei City Government. KMT chairman Lien Chan and PFP chairman James Soong stated that surveillance of political parties runs counter to the spirit of democracy. DPP chairman Frank Hsieh also voiced concern, pointing out that when he recently canceled a proposed visit to Xiamen the news media had access to confidential information related to the matter. Hsieh called on the president to explain how the information could have leaked.
According to Eugene Chien, deputy secretary-general to the president, national security organs are required by law to collect and analyze information related to national security and cross-strait relations. Information and analyses are forwarded to the president for his reference, said Chien, but no one focuses on particular individuals or political parties. The NSB also released a statement stressing that the information it collects is mostly related to matters that affect national security or pose a potential national security threat. As for the accusation that the NSB carries out politically motivated surveillance, the NSB stated that "gathering intelligence on national affairs" is one of its legally defined responsibilities. To the extent that its investigations focus on political matters, what the NSB is concerned about is the government's performance of its duties, maintenance of order during elections, and cross-strait relations. The NSB said it never carries out surveillance of individuals.
These statements have not allayed suspicions, however. In fact, they have actually stirred up further controversy. Drawing on the term "White Terror," which refers to political persecution carried out by the KMT government during the 38-year period of martial law, the three main opposition parties in the legislature have criticized the new administration for carrying out a "Green Terror" campaign (a reference to the green color of the DPP flag). PFP spokesman Sun Ta-chien alleged that ten persons have been targeted for special attention, and said that information on their activities is delivered to the president in a report nicknamed the "National Security Daily."
Chen Shui-bian responded publicly to the charges for the first time in his monthly press conference on September 16. Chen denied instructing security organs to carry out surveillance against specific individuals, and said that he has never seen the so-called "National Security Daily." He further indicated that he has instructed all security organs that they "are not to carry out surveillance against specific political parties or individuals." At the same time, said the president, these organs must be diligent in all matters related to national security, economic security, major criminal activity, maintenance of social order, and any other matters that fall within their legal jurisdiction.
MJIB director Wang Kuang-yu assured DPP legislators on September 18 that his organization will redefine its mission to eliminate the category of "intelligence gathering," which has stirred up so much controversy. Instead, said Wang, the MJIB will concentrate on "investigating criminal activities and countering the attempts of individuals (and organizations) from mainland China and foreign countries to infiltrate or spy on Taiwan."
Questions concerning the proper role and jurisdiction of the MJIB have reopened public debate on political surveillance. The MJIB is responsible for both political intelligence gathering and criminal investigations, and is nominally under the Ministry of Justice. Its work overlaps with that of the NSB, and the existence of two different chains of command inevitably creates problems. The IRA has pointed out, for example, that MJIB investigators often receive oral instructions from the NSB to collect information on a particular political party. The Ministry of Justice, in the meantime, repeatedly calls upon the MJIB to stop doing work not related to national security or crime prevention, and demands that they maintain strict political neutrality. Investigators complain that they don't know who to listen to, and it is difficult for them to concentrate on their work and play their proper role in the justice system.
The intelligence apparatus is supposedly subject to supervision by the legislature, which wields budgetary authority over these agencies and has the power to review internal administrative documents that do not contain classified information. In reality, however, intelligence operations are extremely secretive, and legislators can do little to hold them in check.
Taiwan now faces two very pressing tasks related to its intelligence operations. The jurisdiction of the MJIB, for one thing, must be clarified. And secondly, our domestic intelligence activities must be subject to effective oversight so that no government of any stripe will ever again engage in repression of its political opponents.
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Establishment of the Investigators Reform Association in early September reignited debate on the proper jurisdiction of the Ministry of Justice Investigation Bureau. (photo by Jimmy Lin)
