47.
When confiscating, charging, and implementing compulsory administrative
and civil payments against inmates’ money under safekeeping or against their
labor wages, the courts, prosecutors, and administrative enforcement
authorities should leave living expenses necessary to sustain inmates’ living
costs for two months, in accordance with the Compulsory Enforcement Act.
Notwithstanding, most implementation orders only retain one month’s worth
of living expenses for inmates. The Judicial Yuan and Ministry of Justice
should have their subsidiary agencies deliberate on establishing specific
governing principles to address this issue.
Reasonable Treatment of Detainees Denied Visitation/Communication While
Awaiting Trial
48.
Family rights and the right to communicate are integral to basic human rights.
The General Comments No. 20 on the ICCPR demand that a country’s
government should allow detainees to accept visitation and communications
from their family members under required supervision. As indicated by a 2018
investigation report of the Control Yuan, the current practices on detention and
denied visitation in Taiwan denied detainees to receive visitation and
communication from their relatives and friends, and prohibited them from
reading newspapers, watching TV, and listening to the radio. From January
2012 to December 2017, there were only 14 cases where defendants were
given exceptions and allowed visitation and communication from their family
members. In other words, only about 1/1000 of such defendants were allowed
communication. This practice, applied across the board and not adopted on a
case-by-case basis as necessary, cuts off the communication between
defendants under detention and their family members completely, and
prohibits them from accessing information from outside (ostensibly to prevent
their tampering with evidence or intimidating witnesse0073zxdg). But thus
inflicting psychological suffering on the inmate far exceeds the purpose of
preserving criminal evidence and the principle of proportionality. During the
said investigation, the Ministry of Justice, per the suggestion of the Control
Yuan, officially requested the prosecution agencies in writing to carefully
consider on the “subject, scope and term” of denial of visitation and
communication pursuant to Paragraph 3 and Paragraph 4, Article 105 of the
Code of Criminal Procedure, abolish the out-of-date decrees and orders, and
allow defendants to subscribe to newspapers, watch TV and listen to the radio.
While this demand from the Ministry of Justice warrants positive recognition,
since then, only one defendant during the period from January to May 2018
has been allowed to receive visitation a designated family member. In other
words, there has been no visible improvement. Corresponding action has also
not been taken by the Judicial Yuan. In order to protect the inmates’ basic
human rights, there is a continuing need for reviews and discussions.
24