49. For a juvenile who is under detention and prohibited from visitation and communication, the Court should, depending on the case and in accordance with the Code of Criminal Procedure, decide on the extent of visitation from their family members and teachers, and not deny it completely. After all, severing family support to the juvenile could severely impair the juvenile’s physical and mental well-being, and is contrary to the intent of juvenile law to protect the young. From 2012 to 2017, there have been 11 cases in which 21 juveniles were sentenced by the court to be put under detention and also denied visitation and communication. Those juveniles were confined to small cells by themselves, denied visitation and communication from their family members, relatives, friends and teachers, and prohibited from watching TV or listening to the radio. They were also allowed outdoors every day for only 30 minutes. Clearly, these juveniles lacked social interaction and the necessary education and counseling. This disregards the basic intent of the United Nations Convention on the Rights of the Child. After investigation and continuing attention by the Control Yuan, the Agency of Corrections has, since 2019, set up a “visitation via mobile device” system in their Smart Prison Plan, under which family members may now teleconference with the juveniles via mobile phones. Avoidance of Solitary Confinement and Related Inhumane Conditions 50. Based on Article 22 of the Prison Act before amendments, the Agency of Corrections, in a decree dated November 11, 2016, allowed juvenile detention houses to discipline a juvenile for “disturbing orderly conduct” by locking the juvenile in a “quiet room” for no more than 7 days at a time. This appears to violate Article 5 of the Detention Act before amendments and Article 36 of the Statute on the Establishment of Juvenile Detention Houses. The Agency even allowed the use of shackles, which not only inflicts severe physical and mental harm, but also seriously infringes upon the basic human rights of children and juveniles. The amendments to the Detention Act on January 15, 2020, expressly provides that any detention of a defendant in a ”quiet room” should be reported to a court for approval, and the detention should not persist for more than 24 hours. Notwithstanding, such human rights centered practices were not extended to juveniles detained in juvenile detention houses. The Agency of Corrections has already begun preparing a draft of the Implementation Regulations Governing Detention Treatment in Juvenile Detention Houses and promised to suspend said decree dated November 11, 2016 within the transition period prior to enforcement of the Draft. However, no physical action has been taken by the Agency so far. The Need for Separate Confinement of Juveniles and Adults 51. While trying to deal with the problem of inmate overcrowding and the shortage of manpower, the Ministry of Justice ignored the organizational and resource 25

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