A Year of Human Rights Covenants: Great Leap for Taiwan National Human Rights Commission, Taiwan During the course of the investigation, the NHRC political prisoners who were directly transferred The investigative report led to amending the law such that it is now possible to rehabilitate persons condemned by extrajudicial administrative acts Guidelines for Cracking down on Hooligans during After the publication of the human rights investigative 灣 省 戒 嚴 時 期 取 締 流 氓 辦 法 ), such as Mr. Huang Yuan added Article 6-1 to the Act on Promoting found that Mr. Lin’s was not the only case. Based on surviving documents, there were at least 25 to Dapeng Farm or Liuqiu Island based on the the Period of Martial Law in Taiwan Province ( 臺 Hua ( 黃華 ) and Mr. Chang Che-chou ( 張則周 ) who accompanied members of the NHRC on its visit to Liuqiu Island. The first investigative report that the NHRC published, on July 14, 2021, deemed that handling political dissidents under martial law as hooligans requiring reformation violated the due process in the protection of personal liberty which is set out in both the Constitution and the International Covenant on Civil and Political Rights (ICCPR), and as such is a major breach of human rights. To reject a complaint on the grounds that the matter is not one of a wrongful judicial judgment is at variance with the spirit of transitional justice. The investigative report specifically recommended amendments to the Act on Promoting Transitional Justice ( 促進轉型 正義條例 ). report on the cases of Lin and others, the Legislative Transitional Justice on May 17, 2022: Dispositions or conducts done by government agencies or public officials in violation of the liberal democratic constitutional order resulting in the infringement of an individual's life, personal freedom or ownership of property that occurred during the period of authoritarian rule shall be determined by TJC, acting ex officio or upon application, to be wrong in order to redress administrative wrongs. The MOJ immediately accepted Mr. Lin’s grievance in accordance with the amendment and, after deliberation, passed the first redress for an extra- judicial administrative judgment under martial law on March 8, 2023. Apart from publishing the results in the Executive Yuan Gazette and on the MOJ website, the MOJ also requested the competent authorities to erase Mr. Lin’s criminal record as quickly as possible. This case of an extremely late rehabilitation for an extrajudicial administrative act during the martial law era eventually closed through the NHRC’s persistent effort. NHRC Classroom Human Rights Investigation In accordance with Article 2, paragraph 1, of the Organic Act, the NHRC may investigate incidents involving torture, human rights violations, or various forms of discrimination in accordance with its authority or in response to petitions from the general public. To comply with the powers and responsibilities of NHRIs as specified in the Paris Principles and to provide a reference for members to exercise their powers as stipulated in Article 2 of the Organic Act, the “NHRC’s powers and functions” ( 國家人權委員會職權之行使 ) was drafted as Chapter V-1 to the partial revision of the Control Act ( 監察法部分條文修正草案 ) to stipulate the types, methods, and procedures of investigation and the need to submit an investigative report afterwards. The draft has been submitted to the relevant agencies for review. National Human Rights Commission 2022 Annual Report 25

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