investigation and supervision by the Control Yuan, the government branches
have established the relevant oversight mechanisms.
31.
In order to stop schools from admitting foreign students via labor brokers, the
Ministry of Education has drafted several policies, and there has been
considerable discussion. Nevertheless, it still should strengthen its inspections
to ensure that all schools implement them. It is true that some students may
bear tremendous expense or debt in order to study in Taiwan as arranged by
the broker, and they are then compelled to work in order to repay the debt.
They may even be willing to work overtime for extra money. Notwithstanding,
since these students come to Taiwan to study and not work, and in order to
prevent them from being stuck in a vicious cycle affecting the quality of their
studies, the Ministry of Education should reach out to those already living in
Taiwan, to understand them and help them effectively resolve the difficulties.
The Ministry should also investigate if any foreign students are controlled or
exploited by schools or brokers, lest such criticism about “student workers”
should arise, adversely affecting Taiwan’s reputation in higher education.
Upon investigation and subsequent follow-up by the Control Yuan, schools
have been urged by the Ministry of Education to cooperate and take all efforts
to protect the interests and rights of students.
Article 9 Freedom of the Person
Personal Freedom
32.
The justification for investigations labelled as “Others” and initiated by the
public prosecutors is actually only based in administrative rules, not law.
Nonetheless, in such investigations, prosecutors are allowed to carry out
investigation measures as if they were done under the Code of Criminal
Procedure, such as subpoena, search, seizure and tapping, while being
exempted from the requirements to conclude such investigations under the
same Code (i.e. the decision to prosecute, to not prosecute, or defer
prosecution). This not only infringes upon the concerned parties’ fundamental
litigation rights, but also violates the principle of legal reservation
(Gesetzesvorbehalt), or limitation of scope, under the rule of law. Despite
investigation and monitoring by the Control Yuan, the draft amendments
prepared by the Ministry of Justice still allow prosecutors to take actions
demanding compulsory compliance, by subpoenaing witnesses. The Ministry
of Justice should further deliberate on this matter by taking into due
consideration the intent of the ICCPR.
33.
The current investigation measures utilizing compulsory force applied to
investigations labelled as “Others” not only violate the principle of legal
reservation, but also deviate from the intent of fundamental litigation rights
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