also necessary to expressly define how the appeal should be sent from the
prison/detention center, how it is accepted or registered, and when it is sent,
accepted or registered, in order to set forth a standard procedure.
109. The correctional institution should record and report the time of receipt of any
appeal sent by a defendant under detention to the court, and deliver the appeal
promptly. As no additional formalities are required, the relevant person in
charge should not reject receipt of the appeal, return the appeal, or ask for
corrections, e.g. with the excuse that the defendant’s service of the appeal is
defective procedurally, or by alleging that the defendant’s appeal fails to
satisfy any legal requirements, or is not permitted pursuant to laws, or the
defendant forfeits his right to file an appeal.
Judicial Protection of the Socially Disadvantaged and Minorities
110. Article 30 of the Indigenous Peoples Basic Law (IPBL) stipulates that the
government respect the tribal languages, traditional customs, cultures and
values of indigenous peoples when dealing with indigenous affairs, making
laws or implementing judicial and administrative remedial procedures,
notarization, mediation, arbitration or any other similar procedure for the
purpose of protecting the lawful rights of indigenous peoples. Despite this
stipulation, under current judicial practices, the prosecutor, police, or even a
defense attorney legally appointed by the Legal Aid Foundation, all cannot
voluntarily provide substantial and effective assistance and defense in a legal
action against weapons possession, for a defendant who is an indigenous
person, despite the provision that an indigenous defendant may be exempted
from criminal punishment if the self-made harpoon guns are used as tools for
making a living, as referred to in Article 20 of the Act Controlling Guns,
Ammunition and Knives. This actual situation demonstrates that our nation’s
judicial practices generally fail to recognize the regulatory intent of the
Constitution, the IPBL and the International Human Rights Covenants that
mandate respect for the indigenous peoples’ traditional customs and cultures,
or the significance of a modern democratic country ruled by law while
upholding decriminalization of its indigenous peoples’ practice of hunting.
Instead, the courts just increase the felony punishment of persons other than
indigenous peoples who are found with guns, easily punished as a serious
offense according to Article 8 of the same Act, thus continuing to arouse
resentment and engender rifts in ethnic relations. Therefore, these regulations
must be discussed and improved upon promptly.
111. In line with Paragraph 1, Article 13 of the Convention on the Rights of Persons
with Disabilities (hereinafter referred to as the “CRPD”), the Ministry of
Justice and Judicial Yuan should provide an optimal legal procedural
protection mechanism and carefully review whether discrimination against
people with dementia exists during the investigation and trial of a criminal
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