and data should also be strongly relevant to the context of human rights protection
and stand the test of critique from all parts of society. In June 2020, the Executive
Yuan published the “Third Report on the Implementation of International Human
Rights Covenants” (hereafter the “Third Report”), in which the process of
implementation of and the achievements in human rights protection over the last four
years were affirmed. This achievement should be recognized, but clarification is
required in the following matters for discussion.
For example:
A.
B.
C.
In the Demographic Indicators (Point 16) of the core document of the Third
Report, it is stated: “The proportion of people with disabilities in the total
population increased slightly from 4.52% in 2008 to 4.81% in 2013 and to
4.98% in 2018.” However, as people with disabilities in Taiwan are defined
with respect to Article 5 of the People with Disabilities Rights Protection Act,
not only does the person need to pass the medical evaluation conducted by a
professional medical team, but the person also needs to already hold a
certificate of disability as well; with such relatively narrow requirements for
definition of disability, the actual number of disabled in the population has
clearly been underestimated. As this result is far below the international
average of 10-15%, the rights and interests of many disabled people are not
protected. Therefore, the Review Committee of the Second Report
previously recommended that the government of Taiwan conduct a national
census to determine the actual number of disabled, including the elderly.
In the Criminal and Judicial Indicators (Point 67) of the core document of
the Third Report, it is stated: “Both the national crime rate and the number
of victims declined between 2015 and 2019.” However, we see the number
of suspects has gone up from 269,296 persons in 2015 to 279,074 persons in
2019; the number of suspects increased by nearly 10,000. Explanations are
clearly needed.
According to Point 52 of the National Report on ICCPR Implementation
regarding Torture in Article 7 of the ICCPR, “The document Directive for
Audio and Video Recording for Suspect Interrogation by the Police requests
all police officers to continuously record the entire process of suspect
interrogation, including video recording where necessary. Between 2015 and
2019, no complaint against the police concerning forced confessions was
reported.” This directive has long been implemented, but even as late as 2015,
it was still unable to prevent the police from obtaining forced confessions. So
we must ask this question: Does not getting any reports of confessions been
forced through coercion by police departments during 2015-2019, really mean
that there haven’t been any in that period? Aside from audio and video
recording, the government of Taiwan should further disclose if other measures
are being applied to stop the police from seeking forced confessions.
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