Cablegate: Prosecutors Make Little Headway Preventing

This record is a partial extract of the original cable. The full text of the original cable is not available.

140401Z Nov 05

UNCLAS SECTION 01 OF 03 TAIPEI 004559

SIPDIS

DEPT PASS AIT/WASHINGTON
DEPT FOR EAP/TC, INR/EAP

FROM AIT KAOHSIUNG BRANCH OFFICE

E.O. 12958: N/A
TAGS: PGOV PREL TW
SUBJECT: Prosecutors make little headway preventing
vote-buying in 3 in 1 Elections

Ref: A. TAIPEI 4235 B. TAIPEI 4355

SENSITIVE BUT UNCLASSIFIED. PLEASE PROTECT ACCORDINGLY.

1. (SBU) Summary. Despite increasing enforcement of
election laws in Taiwan and the decline of traditional
forms of vote buying, this practice continues to play a
role the upcoming 3 in 1 elections (reftels) in southern
Taiwan. While the traditional practice appears to be on
the decline, in part due to aggressive prosecution, the
real question seems to be not if, but how vote-buying
buying
will be practiced in the upcoming election. New, less
obvious, forms of vote-buying are widely anticipated, given
the 2001 decision by prosecutors to limit any transfer of
bribes or benefits to voters to amounts under NTD 30.
End summary.

2. (SBU) Vote buying has been a common practice in local
Southern Taiwan elections for many years according to local
political analysts, despite laws prohibiting interference
with the free exercise of voting. Interference as written
in the law focuses on the traditional forms of transfer of
money between the vote-buyer and the vote-seller, with both
being liable to fines and imprisonment. The NTD 30 (US 90
cents), although not written into law, was imposed as a
result of an island-wide meeting of judges and prosecutors
in 2001 to strengthen their hand in rooting out activities
that could be construed as vote-buying.

3. (SBU) In 2002, AIT/K described traditional vote-buying
scenarios as situations in which local ward chiefs or other
her
neighborhood leaders in cities and rural districts make
arrangements with particular parties or candidates to
guarantee a certain number of votes for the candidate from
their district. The ward chiefs or other neighborhood
leaders are then provided funds based on the number of
promised votes. The ward chief or other coordinator is
then expected quietly to distribute a set amount of funds
to each household based on the number of registered voters
in the household in exchange for a promise to vote for the
paying candidate. Candidates or their representatives must
rely on the payment recipients ethics or loyalty, as
there is no way to ensure that the voter actually votes or
does so for the candidate promised. This traditional form
is believed to continue to be practiced in more rural areas.

4. (SBU) In 2005, prosecutors find themselves facing
multiple instances of complaints against so-called vote-
buyers. In most instances, law enforcement officials told
told
AIT/K, lack of direct evidentiary links will prohibit them
from prosecuting individuals. Often prosecutors must rely
mainly on informants and pursue individual instances rather
than being able to tackle larger-scale practices.
Increasingly, the forms of vote-buying are becoming more
ambiguous and harder to strictly define as vote buying
according to previous practice or previous legal
interpretations.

5. (SBU) Most recently, Taitung County Education Bureau
Director Chen Kun-sheng was held incommunicado after an
interview by Taitung Prosecutors on November 5 for alleged
vote-buying. According to prosecutors, Chen hosted dinner
for fifteen elementary and junior high school principals in
the name of celebrating the conclusion of the countys
little league baseball games on Oct. 26. Prosecutors said
that Chen requested the principals at the dinner to
mobilize school faculty to attend the inauguration of
independent magistrate candidate Liu Chao-haos campaign
gn
headquarters scheduled for November 6. Liu Chao-hao is
incumbent Taitung County Vice Magistrate.

6. (U) After individual interviews with those principals,
prosecutors issued a subpoena on November 4. On the same
day, right after Chen completed his report to the Taitung
county council, Ministry of Justice Investigation Bureau
(MJIB) Taitung Station agents escorted Chen to the
Prosecutors Office. Chen told prosecutors that the dinner
was purely to celebrate the success of the baseball series.
Chen noted that some of the discussions at the party were
related to the year-end election, but denied any vote-
buying took place.

7. (U) Some principals pointed out that since Vice
Magistrate Liu is the magisterial candidate, and since Chen
is a subordinate of the Vice Magistrate, it is natural that
Chen would solicit their help. They emphasized that Chen
did not use his position to entice or coerce them for to
vote for candidate Liu. Vice Magistrate and independent
candidate Liu Chao-hao denied that he has asked Chen to
help him seek support and stated that he would not do
anything illegal since he formerly served judge and was
clear about the the law.

8. (SBU) Reftels A and B discuss the most high-profile vote-
buying case during the 3 in 1 election, which is related to
Independent Candidate for Pingtung Countys magisterial
seat, Soong Li-hua. Soong was arrested despite the fact
supporters, rather than herself, hosted early pre-election
events in which raffles were used to distribute large
prizes such as refrigerators, bicycles and televisions.
This form of event, widely practiced at year-end private
company dinners and celebrations throughout Taiwan, was
deemed by prosecutors as a flagrant attempt at vote-buying
via surrogates. Prosecutors began their investigations
early, even video-taping the seven raffle events. However,
when Soongs office was actually raided, no documentary
evidence was found linking Soong to the purchase or
r
distribution of the raffle prizes. Prosecutors told AIT/K
they believe someone in MJIB tipped off Soong to the
investigation and upcoming raid. Without the direct paper
trail to link Soong or her campaign office to the purchase
of the items, prosecutors fear this case may never make it
to trial.

9. (SBU) As of November 10, 2005, in southern Taiwan the
running tally of vote-buying complaints and informal
investigations had risen by 70% (see ref A). Complaints
and cases emerging from the upcoming 3 in 1 elections
stand currently as follows:

-- Pingtung police have received 97 complaints. Of these
six are under informal investigation by the county police.
Indictments have been brought in one case against nine
persons. (Note: Soong Li-huas case is still under legal
investigation; no indictment has yet been brought in. End
note.)

-- Kaohsiung police have received 100 complaints, 90 of
which are now under informal investigation. Six others
rs
have been referred to prosecutors for formal investigation.
Indictments have been brought in four cases against eleven
persons.

-- Tainan police have received 283 complaints, of which 214
are under informal investigation. 58 others have been
referred to prosecutors for formal investigation.
Indictments have been brought in eleven cases against 48
persons.

-- Chiayi police have received 53 complaints, of which 40
are under informal investigation. Eight others have been
referred to prosecutors for formal investigation.
Indictments have been brought in five cases against fifty
persons.

-- Taitung police have received 34 complaints. Of these,
32 are under informal investigation by county police and
one has been referred to prosecutors for formal
investigation. An indictment has been brought in one case
against one person.

-- Penghu police have received 393 complaints. Of these,
193 are under informal investigation by county police and
199 have has been referred to prosecutors for formal
investigation. An indictment has been brought in one case
against one person.

10. (U) Most AIT/K contacts and local political analysts
consider vote-buying to be practiced less because it is not
as effective as before and also because it is more and more
closely monitored by prosecutors. In Tainan County, where
283 complaints have been filed already, DPP officials noted
that there is no question vote-buying exists and that it
will continue to mutate its forms in order to evade the
reach or the attention of prosecutors. Several southern
DPP officials have suggested AIT/K keep a close eye on the
southern KMT candidates, noting that these campaigners are
the most likely to be finding new ways of buying votes,
since they are running in traditionally green districts.
On the other hand, during AIT/Ks local visits, southern
KMT officials appear to be the most concerned about the
practice of vote-buying. Many have indicated that the
central KMT has warned local officials and candidates
against the practice in any form.

11. (SBU) Comment: Plausible deniability is the name of
the game in vote-buying activities in southern Taiwan.
Candidates and party officials are well aware of how
hamstrung prosecutors feel by the inability to collect
enough evidence to define any case as one of vote-buying.
With complaints up by 70%, but with the actual number of
indictments still low, AIT/K is keeping a close watch on
what new forms of vote buying may exist that may cause
complaints, but which keep prosecutors at bay from actually
bringing cases to trial. End comment.

THIELE

PAAL

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