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 17

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