Court rejects Ko Wen-je's request to vote while in detention

Taipei, July 25 (CNA) The Taipei High Administrative Court on Friday rejected former Taipei Mayor Ko Wen-je's (柯文哲) request to vote in Saturday's legislative recall election while in detention, a decision bashed by his Taiwan People's Party as suppressing Ko's rights.

The Taipei High Administrative Court cited risks to public interest, technical issues, and election integrity in rejecting the request.

Ko's attorney filed an appeal later Friday, with the court saying it will transfer the case to the Supreme Administrative Court for review once it receives the appeal documents.

With the recall vote only a day away, however, it was unclear if an appeal could be handled in time to allow Ko to vote.

Ko, 65, who has been detained since Sept. 5, 2024 on alleged corruption charges related to a land redevelopment case, had requested an interim ruling to let him vote while in custody.

Ko was indicted on Dec. 26, 2024 on corruption charges and is currently on trial but has not been found guilty of any charge to date.

He proposed three methods for voting: setting up a polling station at the detention center, voting by mail, or being escorted to a polling site.

The court denied all three proposals, contending that Taiwan's election law requires in-person voting at a registered polling location and does not guarantee voting rights for detainees.

Ko's lawyer had argued that neither Taiwan's election law nor its law on detaining people pre-trial or during a trial deny citizens their rights, including to vote.

In response, the Taiwan People's Party (TPP), which Ko founded and chaired, condemned the decision. It accused the judiciary and the government of disregarding international human rights standards and suppressing detainees' political rights.

The TPP said international treaties call on governments to ensure all citizens -- including those in detention -- can vote. The party urged the authorities to adopt more flexible voting mechanisms to meet global democratic norms.

The court cited technical obstacles in blocking Ko's appeal, arguing that the Taipei Detention Center is not authorized to manage election-related procedures and that the court had no legal grounds to permit voting outside of officially designated polling stations without legislative change.

As for the proposal to escort Ko under guard to a polling station, the court cited the lack of legal precedent, risks of violating his rights, and potential security concerns.

Escort measures that were too strict could violate Ko's dignity, while lenient ones could raise security risks and harm the public interest, the court argued.

The court also worried that allowing Ko to vote before a final ruling could undermine the election's validity. If he were later found ineligible, the vote could be nullified, affecting other voters' rights and requiring a re-vote, the court said.

It did not make clear, however, on what legal basis it was offering that judgment.

Ko remains in custody after a district court ruled earlier this month that he still posed a risk of colluding with co-defendants or tampering with evidence. His detention has been extended through early October.