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Abdul Ahad
Jul 18, 2022
In General Discussions
Text: Lin Weiting (Project Researcher of the Secretary for Reform Commission) On January 19, 2022, the Control Yuan announced the investigation report No. 111 Si Tiao Zi No. 0002 , accusing the Taipei Detention Center of sending a letter to the Taipei District Court and other 6 hospital inspection agencies in the Greater Taipei area on November 30, 2020, calling on the hospital inspection to consider the Taipei Detention Center. In view of the predicament of over-accommodation and insufficient beds of defendants in custody, it is an act of violating the authority and responsibility of the agency to carefully assess the number of defendants who have been detained and ruled to be prohibited from being seen. The Control Yuan believes that when the procuratorial organ or judicial organ applies for or decides to detain the accused, it is not a matter that it should consider whether the detention center is over-accommodating. The Control Yuan believes that the compulsory punishment of whether a criminal defendant should be detained should be determined in detail in accordance with the requirements set forth in Article 101, Paragraph 1 and Article 101-1, Paragraph 1 of the Criminal Procedure Law; The necessity of ordering and prohibiting seeing them depends on whether they meet with outsiders, correspond with them, and receive objects, etc., whether there is enough risk of their escape or annihilation, forgery, alteration of evidence, or accomplices or witnesses, and it is necessary to prohibit them. , and it is also specified in Article 105, Item 3 of the Criminal Procedure Law, Point 41 and Point 41-1 of the matters needing attention when the court handles criminal cases. According to the law, the capacity of the detention center is not a matter that should be considered in the court’s application or ruling that the defendant wedding photo retouching services should be detained and banned from seeing the accused. Rather, the Taipei Detention Center’s words exceed the statutory powers of the administrative agencies and harm judicial impartiality and judicial independence. Regarding the long-term serious overcharge in the Taipei Detention Center, the Control Yuan does consider it an important human rights issue, and the Correctional Services Department should be responsible for finding an improvement solution for this. The Overwatch Council believes that the Corrections Department has the power and responsibility to direct and supervise the Taipei Detention Center. Although the Corrections Department has listed measures to alleviate the overpayment over the years, including measures such as the expansion of correctional agencies, flexible adjustment and transfer to prison, and parole, the Overwatch Council believes that Taipei The overcharge in the detention center is still very serious, and the Corrections Department should take more active and effective countermeasures. The Control Yuan upholds judicial impartiality and judicial independence, pointing out that the overcharge in the detention center should not be one of the considerations when the court procurator applies for or decides to detain the defendant. Department. The direction suggested by the Control Yuan can easily be misunderstood. The solution to the problem of overpayment is "only" the responsibility of the Correctional Services Department and the correctional institution, and it actually worsens the overpayment predicament. In fact, from the perspective of jurisprudence and human rights, overcharging is one of the reasonable considerations for detention, and the solution to the problem of overcharging cannot only require the Corrections Department. Why is overpayment one of the reasonable considerations for detention? Judging from the articles 101(1), 101-1(1), and 105(3) of the Criminal Procedure Law, there is indeed no mention of overcharging. However, from the perspective of the principle of proportionality and international human rights norms, overchar
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Abdul Ahad

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