Article 10 Reasonable Treatment during Imprisonment
Treatment Appropriate to Human Dignity
45.
The Concluding Observations and Recommendations adopted by the
International Review Committee for the Review of the First and Second
Reports both indicated that the overcrowding issue in detention institutions
has resulted in various disputes over human rights, which shows that the
improvement program implemented to solve the overcrowding of
prisons/detention centers has achieved no positive results. The Agency of
Corrections is now implementing some new construction (expansion) projects
at Yunlin Second Prison, Bade Minimum-security Prison and Changhua
Detention Center. Although the projects will help to improve the overcrowding
ratio, in the short term positive effects are difficult to quantify. In addition, the
detention institutions where the new construction (expansion) projects are
being implemented are all located in Northern and Central Taiwan. The same
problem still persists in Southern Taiwan. Furthermore, the area of the cells is
0.7 ping (approx. 2.31 m2) in accordance with the Standard Table for Detention
of Prisoners by Prisons Designated by the Ministry of Justice. Due to
overcrowding, the cells which inmates are confined to are actually smaller in
area. The “one man, one bed” policy cannot be fully implemented. There is a
dire need for the Ministry of Justice to monitor prisons/detention centers to
review and relieve the overcrowding problem so as to substantively
demonstrate the Government’s good will to take good care of inmates’ basic
human rights.
46.
According to a Control Yuan investigation in 2019, the Agency of Corrections
estimated that the expenses needed to meet prisoners’ basic cash needs in
prison are NT$3,000 per inmate. However, the statistics gathered by the
Agency showed that 12,496 prisoners (including both those serving
sentences and those detained in protective institutions) (20.51%) came from
disadvantaged families, such as low-income, low-medium-income families,
or families near the poverty line. When serving their sentence, 7,832
prisoners (12.87%) received no relief at all, and 3,407 prisoners) (5.6%)
needed to rely on their income from the detention institutions’ labor wages,
and 13,989 prisoners (22.5%) have less than NT$1,000 of money under
safekeeping per person at their disposal. From 2016 until the end of July
2018, a total of 462 prisoners could not afford their own national health
insurance premium payments. This shows that at least 20% of the prisoners
were unable to satisfy their basic needs when serving their sentence. They
clearly need aid and relief. Given this, the Agency of Corrections is held in
violation of Articles 15 and 155 of the Constitution and Paragraph 1, Article
10 of the ICCPR, which provide that the prisoners are entitled to treatment
appropriate to human dignity.
23