RE: proposed lawsuit in US Federal District Court, Washington, D.C.
** freedom of speech and association issues **
After six months of research I now believe that under the Taiwan Relations Act (TRA), the US Constitution, and other relevant treaties and conventions, it should be possible to sue the Taiwan authorities in Federal District Court in Washington, D.C. for human rights violations against US citizens in Taiwan. In particular these violations involve freedom of speech and association issues – which result in the so-called “violation of purpose of residency” which the Taiwan authorities use to deport those foreigners who dare to speak out on various issues.
We have extensive written analysis to show that the Foreign Sovereign Immunities Act should not apply. We have also done extensive research on relevant US Supreme Court decisions.
My associates and I believe that due to Taiwan’s special status under the TRA, it should be possible to have concurrent jurisdiction to deal with this kind of problem in the US Courts. We have extensive analysis to back up this point of view, and currently have case and controversy.
We have searched through numerous legal resources on the internet, and made a number of inquiries, however we still have not located a suitable lawfirm in the Washington, D.C. area to deal with such matters. Hence, we feel that a recommendation by a member of the ORIENTED community might produce better results. Ideally the suitable lawyer candidate will have experience dealing with US Constitutional and Civil Rights issues.
Please reply in this forum or send me a private email with any leads which you think are worth pursuing.
Is this a problem in Taiwan now? I have been out of Taiwan since 1990, but I marched in Tiananmen demonstrations back when it happened and had no problems. I went to rallies and was never approached by police but probably had my picture taken as a tall white Westerner with a headband that stood out amongst the other Taiwanese. I participated in peaceful rallys, though, and did stay away from DPP rallies amd blockades of streets where arrests were made.
I joined Amnesty International in Taiwan, but that should be a safe organization to work for in Taiwan. So who is being deported and for what associations?
Like everything else around here, it is “selective enforcement.”
The government authorities make up the rules on the spur of the moment, and then they enforce them when and where they see fit. There is no due process, they simply pick you up and escort you to the airport.
Just curious, what are the consequences of a win in a US court against Taiwan? Does Taiwan have to accept the outcome?
Also, I’ll see what I can do for a list of lawyers in DC. Any more specifics on the type of lawyer needed? Big firm, small firm? Does it have to be DC, would the west coast be more convenient for any airfare?
I’ll ask around,too. I have an uncle in Silver Springs who is a lawyer and has argued cases before the World Court.
This case makes we wonder if before foreigners flew freely under the gun during Martial Law in the 1980’s when I was in Taiwan and now freedom and democracy covers everyone. I rememeber people being deported for drug dealing, but this sounds more like the White Terror of the 50’s has become Terror for the Whites and other foreigners.
I say this with all due respect for the Taiwanese who suffered through those times.
Has the hope from the election of President Chen and former AI prisoner of conscience Vice President Lu faded?
I hope to return to Taiwan and live with my Taiwanese family there, but this gives me second thoughts.
Now that I’ve got the “Permanent Resident” card, what excuse will they
use when they drag me to the airport. Yes, we know we cannot speak at
rallies etc. but I’m just curious about the excuse. Probably
gan1she4nei4zheng4 干涉內政
And if we can’t speak at campaign rallies, then how can we write
letters to the editor of newspapers though?
quote: And if we can't speak at campaign rallies, then how can we write
letters to the editor of newspapers though?
Under 18 USC 953 (Logan Act), any private correspondance for redress issues with foreign governments is not a conduct of foreign policy.
Letters to the Editors are “open letters” for the seeking of redress against civil rights abuses under SFPT. But then we don’t have diplomatic relations for this consular protection of the Vienna Conventions.
Outcomes of a federal court case can vary but there are human rights exceptions to the Foreign Sovereign Immunities Act and maritime liens and other commercial assets of any ROC state-owned enterprises are fair game for lien attachments in the event of a federal court award. The KMT has many ill gotten gains from 2-28 Incident, so they are fair game including any ROC/KMT-controlled banks in the USA, too.
One problem for Taiwan is that it is not even a “country” as the TRA will forbid this int’l sovereign standing in US Court. TRA also protects the “earned property” of the ROC, but it does not allow for the illegal thefts of US Government Property under the SFPT cession arising from the period of occupation from 1945-52. There are also the involuntary Losses of US citizenship issues of TRA as some people might potentially get their US citizenship restored. So the case outcomes are many and there are a lot of ways for the 800lb gorilla to throw a monkey wrench into the works.
I presume everyone realizes this idea of suing Taiwan in a US court for some alleged human rights violation that occured in Taiwan is…an approach not founded in reality. (I didn’t want to say “crazy” because although I agree less and less with Richard I still respect him for what work he has done in the past.) And I don’t care what cockeyed theory one uses.
But I am sure you will find plenty of D.C. lawyers willing to take you hard earned money.
As a real attorney I should be more exact, I am sure you can sue “The Government of Tawan” in a U.S. federal court.
(now the sad music of reality chimes in) The case will soon be dismissed under, if I remember my California civil procedure right, as a “directed verdict” or demurrer and then the poor saps who filed the suit will end up having to pay the attorney fees of the other side since it was a frivolous lawsuit to start with.
Nice too, to see the creation of another Pan-X Alliance creature. What is the half life of this one going to be, one, two weeks/
Richard you are a good guy but you shouldn’t encourage foolishness in Taiwan, the island is a big enough joke as is.
take care, time for all good cynics to have their dinner.
Brian
It is worth a try even if it is thrown out. How do we pay for it?
I believe that the government of the R.O.C. has faced similar challenges before. If I remember right they have been able to change sides of the sovereignty fence at any given time as the need arises. Another option would be to make it more personal. If an individual
As much as I’d like to see the xenophobic government here suffer a defeat in a U.S. federal court for their appalling treatment of foreigners in Taiwan, I’m afraid that it won’t work. I’m sure the Taiwan independence hawks will cite this as yet another example of foreigners trying to interfere in Taiwan’s domestic affairs and the U.S. trying to pursue it’s policy of hegemony in Taiwan, and thus draw on the millions and millions of dollars of overseas Taiwanese which, I’m sure, we couldn’t match in a legal battle. An interesting idea, but doomed from the start, I’m afraid.
Sorry all, but having just finished reading the Taiwan Relations Act I am still confused about what Richard is calling “Taiwan’s special status.” No I am not a complete idiot, I do know the current situation; however, after reading the Act I found nothing defining a special status for Taiwan EXCEPT for the way the United States government recognizes the island, extends protection, etc. There was no mention of how U.S. law is expected to be binding in Taiwan. Furthermore, I for the life of me, can’t figure out how some one would propose to sue the Taiwanese government in a U.S. court for it’s policies relating to U.S. citizens. Isn’t this a little like U.S. citizen living in Great Britain suing the British government because U.S. citizens are not allowed to (fill in the blank) while they are living and working in Britain? I do believe it would be much better for foreigners living in Taiwan to focus on the real problems that exist HERE as opposed to fabricating hypothetical problems.