Lessons Learned from the Philippines Extradition Row

http://www.wantchinatimes.com/news-subclass-cnt.aspx?cid=1701&MainCatID=17&id=20110208000086




這是有關領域管轄和引渡問題的傳統國際法議題，許老師本週六在台大校總區的霖澤館（法學院）有一場座談，同學可以去聽聽看喲！


The jurisdiction dispute that arose after the Philippines deported 14 Taiwanese nationals suspected of fraud to China for crimes against Chinese nationals indicates Taiwan's challenges in maintaining ties with Southeast Asian countries, despite improved cross-strait relations.



Taiwan's relations, especially in trade with Southeast Asia, regressed after the Democratic Progressive Party came to power in 2000 due to increased tensions with China.



As Taiwan's relations with China have a great influence on the island's trade with Southeast Asia, which improved after the cross-strait economic cooperation framework agreement was signed in 2010, Taiwan cannot afford to see relations worsen as its economic strength could again be undermined.



Taiwan's Ministry of Foreign Affairs (MOFA) should be held responsible for its slow reaction to the current dispute since it did not have first-hand information about the arrests involving the Taiwanese nationals last December.



While Taiwan has to protest against the Philippines bowing down to China's demands to hand over the Taiwanese suspects, the MOFA should work on building closer ties with Southeastern Asian countries, particularly in trade, education and culture, even though Taiwan and China have ceased the fight for diplomatic allies.



Chinese pressure to extradite the Taiwanese suspects is understandable, since Taiwan had ruled in a similar previous case that the defendants were innocent, which meant the Chinese victims are unable to seek compensation. Fraud is a felony that carries a sentence of 10 years to life imprisonment in China, while the maximum jail term for the same crime is five years in Taiwan.



However, since Taiwan and China have different human rights standards, the location of the trial has a significant impact on the rights of the accused Taiwanese nationals.



Taiwan should make it clear to China that the island is toughening its stand against crime with heavier sentences in order to prevent similar disputes in the future, especially since both sides signed a judicial cooperation agreement in 2009.



Taiwan should also be credited for its restrained official reaction to the matter, focusing only on the return of the Taiwanese suspects. It would increase trust between the two sides if China hands back the Taiwanese nationals to stand trial in Taiwan after it completes its own investigation.

(issued by TA wei-en)