International Review Committee for the Review of the First Report. It must be
cautioned that for the time being the death penalty practices adopted by the
Ministry of Justice and the Supreme Prosecutors Office are not adequately
designed to protect any prisoner whose application for remedy against the denial
of his/her application for pardon is still pending. Such practices appear to
deviate from subparagraph 1, Paragraph 3 of Article 2 of the ICCPR, Paragraph
47 of the General Comments No. 36 on the ICCPR and Point 57 of the
Concluding Observations and Recommendations adopted by the International
Review Committee for the Review of the First Report of the Government of
Taiwan on the Implementation of International Human Rights Covenants.
Prevention of Excessive Police Force
19.
When apprehending burglars on August 31, 2017, the police offiers sent by
Fenggang Police Station in Hsinchu County apparently applied excessive
police force, firing 9 shots within 12 seconds at very close range at a migrant
worker named Nguyen. The shots were concentrated on the migrant worker’s
back and between his waist and belly. The migrant worker subsequently died
as a result. The officers should be held responsible for exceeding the necessary
degree of force defined under the Act Governing the Use of Police Weapons.
The flurry of shots fired by the police caused massive bleeding to the migrant
worker, resulting in his death; this excessive use of force was far out of
proportion. Moreover, when the first Shanchi ambulance team of the Hsinchu
County Government Fire Bureau arrived on the scene, the firefighters sent a
civil guard, whose nose had been broken, to be given treatment first. They sent
the migrant worker Nguyen for treatment in the second ambulance, which
arrived at the site 14 minutes later. The migrant worker died of his severe
injuries before arrival at the hospital. The procedures applied could hardly be
considered appropriate.
20.
The investigation found that most entry-level police officers responsible for
frontline patrols and duties in police stations have graduated from Taiwan
Police College, and usually they have a high likeness of using guns and also
having to deal with more complicated situations in their work. However,
unlike the current training programs adopted by the Central Police University,
which contain a 216-hour firearms training program, Taiwan Police College
only provides a 140-hour firearms training program, and it does not include
the Computer Firearms Simulation Training class. Consequently, the entrylevel police officers’ knowledge about firearms, as well as their skill and
accuracy in using them, might not afford them the tools to respond to an onthe-spot situation properly.
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