Nonetheless, this amendment still did not address the problem of prolonged
detention time for juvenile detainees prior to trial.
56.
So far, the Ministry of Justice has yet to establish or promulgate any relevant
regulations governing the management of juvenile inmates. Each juvenile
detention house, whether established independently or not, adopts a prisonlike and high-security guard approach toward juvenile inmates. Some juvenile
detention houses even directly apply the management and security for adult
inmates under the Detention Act and Prison Act to incoming juvenile inmates,
as well as visitation controls and life management. While these related
practices have their legal ground, and can effectively prevent incidents, such
as fighting and escape, they are still contrary to the idea that juveniles should
be taught, not punished, and against international human rights standards.
After investigation and subsequent follow-up by the Control Yuan, the Agency
of Corrections has taken into account the international practices in juvenile
corrections and the United Nations Convention on the Rights of the Child to
deliberate on a draft amendment to Implementation Regulations Governing
Detention Treatment of Juvenile Detention Houses.
57.
The current policy directing the decentralized establishment of juvenile
detention houses is used with the intent of providing convenience for family
visitations and court trials. For the true purpose of protecting children and
juveniles, however, assignment of dedicated professionals in special
education, psychological counseling and medical care should be the first
priority. It is also necessary to provide resources in education and welfare.
Recently, there has been a sharp decline in the number of juveniles held in
various juvenile detention houses. The decentralized establishment of juvenile
detention houses cannot effectively utilize judicial resources any longer. The
Judicial Yuan and Ministry of Justice should explore the feasibility of
concentrating inmates into regional detention houses. For the mid-term/longterm goals, the legislation in Japan and Korea may serve as a reference, and
these establish open school-like detention houses, with visitor-friendly
facilities, in line with international human rights standards.
58.
The statutory causes allowed in a ruling rendered under the Juvenile Justice
Act include cases where “the juvenile cannot be committed to custody” and
where “an order for custody is clearly inappropriate.” This in actual operation
also involves cooperation with other agencies and issues such as referral and
counseling. Therefore, some divide still exists between theory and practice in
the actual process of a trial. In order to implement the specialized trial of a
juvenile court, the Judicial Yuan should exercise its powers as the supreme
judicial administration authority to integrate resources and set forth relevant
operating procedures as reference for the juvenile court judges. It should also
consider whether the compulsory assistant system, i.e. allowing a person to
accompany and argue for a defendant with diminished capacity, should be
28