The Control Yuan Can No Longer Muddy the Waters

The Prosecutors Evaluation Commission resolved to refer the unlawful and abusive Huang Shih-ming and Special Investigation Division prosecutors to the Control Yuan, specifically recommending disciplinary measures. While both the Taipei District Prosecutors Office and the Prosecutors Evaluation Commission have determined that the Prosecutor-General's unlawful acts are substantiated by clear evidence, the members of the Control Yuan seem bound like human bombs along with Huang, harboring grievances they cannot easily express. Setting aside or merging cases into older ones may present procedural issues; regardless of whether a new case is opened or they are consolidated for review, with the Taipei District Prosecutors Office indicting first and the Prosecutors Evaluation Commission conducting a thorough investigation afterward, the battlefield has already been somewhat cleared and a wide path opened for the Control Yuan. Moreover, with the Disciplinary Court for Judges and Prosecutors acting as a safeguard in the rear, delaying the procedure is hardly a wise move. The members of the Control Yuan will ultimately have to face this, but if they persist in flying "against the wind," they are likely to break their wings first.

The Prosecutor-General and his Special Investigation Division long ago utterly destroyed their own credibility and are no longer worth mentioning. However, a new bright spot of the Prosecutors Evaluation Commission is its confirmation of the fact of lobbying. As early as September 16, the Judicial Reform Foundation jointly filed a complaint against Ch'en Shou-huang and others, expecting the Control Yuan members to investigate thoroughly. Although the Prosecutors Evaluation Commission did not refer Ch'en to the Control Yuan because of his promise to step down voluntarily, this does not bind the Control Yuan members from continuing to proactively pursue the investigation. Furthermore, now that the evidence investigated by the Prosecutors Evaluation Commission is clear, "changed circumstances" make it all the more unjustified not to deal with Ch'en Shou-huang. Even if, based on the separation of powers, members of parliament cannot be disciplined, it is still entirely possible, after detailed investigation, to provide a report to the Legislative Yuan or political parties to hold them accountable. These are matters of fundamental right and wrong. We expect the Control Yuan to do what must be done and refuse to continue muddying the waters.