Guidelines on the Right to Liberty and Security of Persons with Disabilities
adopted by the United Nations Committee on the Rights of Persons with
Disabilities in September 2015 based on Article 14 of the CRPD, and strengthen
supporting measures for forensic psychiatric hospitals.
72.
On March 5, 2021, the Executive Yuan issued the Draft Amendments to the
Rehabilitative Disposition Execution Act to the Legislative Yuan for review and
approval. Similarly, on April 27, 2021, the Executive Yuan and Judicial Yuan
issued the Draft Amendments to Articles 87 and 98 of the Criminal Code of the
Republic of China to the Legislative Yuan for review and approval. The plan was
to cancel the five-year maximum for cumulative disposition of custody. Principles
for regular evaluation mechanisms, a broad range of treatments, and
classification/segregation measures were also added. However, no limit to the
number of extensions was imposed. Pursuant to Point 20 of the Guidelines on the
Right to Liberty and Security of Persons with Disabilities, the Committee on the
Rights of Persons with Disabilities recommends that States Parties abolish
security measures imposed on persons found to be exempt from criminal
responsibility. Since Taiwan has incorporated the CRPD into its domestic laws in
2014, the NHRC contended that the Executive Yuan’s amending the law (to
extend the disposition of custody) prior to the international review of the CRPD
Second Report will raise the IRC’s concerns about whether Taiwan truly practices
the CRPD. The NHRC recommends that when reviewing and approving the bill,
a limit be imposed on the number of extensions allowed, that judges review the
disposition of custody more frequently if disposition of custody has been
extended, and that supporting measures to protect human rights be strengthened
to prevent regular assessments from being performed merely as window dressing.
73.
On March 23, 2021, the Judicial Yuan and Executive Yuan issued the Draft
Amendments to the Code of Criminal Procedure to the Legislative Yuan for
review and approval. The draft amendments added emergency disposition of
custody, granting the relevant entities the right to exercise pre-trial emergency
disposition of custody for persons with mental disorders or defects (as described
in the Criminal Code of the Republic of China) who have violated the law, given
that said persons lack the ability (or demonstrate an inadequate ability to a
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