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and communication pursuant to Paragraph 3 and Paragraph 4, Article 105 of the Code of Criminal Procedure, abolish the out-of-date decrees and orders, and allow defendants to subscribe to newspapers, watch TV and listen to the radio.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

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