TITLE: TAIWAN HUMAN RIGHTS PRACTICES, 1994 AUTHOR: U.S. DEPARTMENT OF STATE DATE: FEBRUARY 1995 TAIWAN Taiwan has a constitutional system headed by President Lee Teng-hui, who was elected by the National Assembly (NA) in 1990. President Lee, who is also the Chairman of the Nationalist Party (KMT), appoints the Executive Yuan (EY), or Cabinet, which has been headed since February 1993 by Premier Lien Chan. The Legislative Yuan (LY) approves the selection of the Premier. Members of the NA and LY were chosen in free and fair elections in 1991 and 1992, respectively. The KMT remains the country's dominant political force, but two opposition parties also command considerable public support. During 1994 Taiwan made significant progress in its transition to a democratic, multiparty political system--a process which began with the lifting of martial law in 1987--by holding generally free and fair popular elections for three previously appointed positions, the governor of Taiwan province and the mayors of the cities of Taipei and Kaohsiung, and by passing constitutional amendments that provide for the direct election of both the President and Vice President. The first direct presidential election is scheduled for 1996. The Ministries of Interior (MOI), Justice (MOJ), and National Defense (MND) are responsible for law enforcement relating to internal security. The National Police Administration (NPA) of the Ministry of Interior, the NPA's Criminal Investigation Bureau (CIB), and the Ministry of Justice Investigation Bureau (MJIB) carry out their law enforcement functions in accordance with laws designed to respect and safeguard individual human rights. Reports of occasional abuses by these agencies, however, continue to exist. The National Security Bureau and military police units also play a limited law enforcement role. Taiwan has a dynamic, free market economy, although state and party-run enterprises dominate some major sectors, including finance, transportation, utilities, shipbuilding, steel, telecommunications, and petrochemicals. The economy continued its shift toward the service sector and capital and technology-intensive industries, due to shortages of unskilled labor and high domestic labor and land costs. Although the overall human rights environment improved, there continued to be human rights abuses. These included a few alleged cases of extrajudicial killings and torture by the security forces, infringements on internationally accepted standards of due process, restrictions on the freedoms of press and assembly, child prostitution and abuse, discrimination and violence against women, restrictions on workers' freedom of association, and limitations on workers' freedom to strike. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial Killing There were no reports of political killings. In October the family of a Tainan prisoner who died in August accused the prison staff of beating the prisoner to death and charged that the authorities were conspiring to cover up the circumstances. This case was still under investigation at year's end. In September the family of a soldier in Kaohsiung claimed that excessive exercise he was ordered to undertake as a form of punishment caused his death. A legislator raised this incident in an emergency interpellation to the Ministry of National Defense, but it remained unresolved at year's end. Several cases of extrajudicial killing from 1993 were resolved. In January a military court sentenced a lieutenant and four sergeants to prison terms ranging from 18 months to 12 years for torturing to death Chen Shih-Wei in July 1993 at a military reformatory on Green Island. In March the Taichung district court sentenced the deputy chief of Taichung city's third police precinct to 10 years in prison for the torture death of a rape suspect in August 1993; four other policemen were acquitted for lack of evidence. In October the Taipei Shihlin district court ruled that the death of Wang Kang-Lu, Secretary General of the World United Formosans for Independence, in an October 1993 Taipei car crash was an accident rather than a "political assassination" as charged by his family and supporters. The driver of the vehicle which struck the taxi in which Mr. Wang was riding and the taxi driver were both sentenced to prison, for 20 months and 8 months respectively, for negligence resulting in death. Also in October, the Taipei district court sentenced four wardens at the Taipei detention center to from 14 to 30 months in prison for torturing a homicide suspect in September 1993. Although the suspect later died, the judge ruled that the death resulted from a preexisting physical condition rather than from torture. b. Disappearance There were no reports of disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment There were credible reports that police occasionally physically abused persons in their custody. In addition to claims that a prisoner was beaten to death in Tainan (see Section l.a.), a deaf-mute university student indicated at a press conference in August that Taoyuan county police tortured him because he was a suspect in the murder of a female college student. The authorities did make efforts to investigate, prosecute, and punish officials responsible for torture and other mistreatment. Although the basic responsibility for investigating mistreatment lies with prosecutors, the Control Yuan (CY), an equal government branch which investigates official misconduct, investigated several such cases during the year. In one major case in August, the CY criticized the Taipei city police for arresting under "emergency procedures" three young men suspected of involvement in a 1988 kidnaping and murder case, holding them for arraignment for 24 hours without notifying their relatives and using violence and threats among other interrogation tactics. The CY impeached four Taipei city policemen for using "violence, threats, temptation, and cheating" while interrogating one of the suspects and three superior officers for allowing the misconduct. The case was referred to the Judicial Yuan (JY), the equal branch of government comprising the national judicial system, for decision and remained under review at year's end. While the 1993 torture death of a suspect in Taichung resulted in the conviction of the offending policeman (see Section l.a.), two other cases of police torture of suspects in 1993 remained under investigation without indictments being issued. However, progress was made in dealing with an earlier case. The Taichung district prosecutor indicted the former criminal investigation team leader from Taichung county's Fengyuan police subbureau for torturing four suspects in a 1990 murder case; the suspects were later found not guilty. In April the Judicial Yuan's Committee on the Discipline of Public Functionaries ordered the former chief of the subbureau suspended from duty for 1 year and the former chief of the subbureau's criminal investigation section discharged from public service without possibility of being rehired for 2 years for their failure to prevent the torture. The law allows suspects to have attorneys present during interrogations, primarily to ensure that abuse does not take place. The Ministry of Justice (MOJ) claims that each interrogation is recorded and that all allegations of mistreatment are investigated. Lawyers and legal scholars note that abuses most often occur in local police stations where interrogations are not recorded and when attorneys are generally not present. Detainees who are physically abused have the right to sue the police for torture, and confessions obtained through torture are inadmissible in court proceedings. No such suits were reported during 1994. Although corporal punishment is forbidden under military law, there continued to be occasional reports of physical abuse of military personnel. In addition to the case involving possible excessive punishment resulting in a soldier's death in Kaohsiung (see Section l.a.), newspapers reported the cases of an air force member in Taichung beaten by superiors for going outside the unit's chain of command and a Taoyuan air force conscript who suffered maltreatment and harassment during training which resulted in his mental breakdown. Although the Ministry of National Defense denied the accuracy of both stories, it noted that a number of management steps had been taken to reduce the problem of abuse in the military, including setting up centers within all military units to hear complaints about mistreatment. Some international human rights organizations have criticized the continuous shackling for months of prisoners awaiting executions and the "harvesting" of organs from executed prisoners for transplants. MOJ officials claim that shackles are necessary because such prisoners are considered to be dangerous and the prisons are not sufficiently secure. The MOJ states that the requirement for both a prisoner and his family to consent to organ donations reduces the likelihood of donations being forced. Prison overcrowding at Taiwan's 43 detention centers remained a problem despite some expansion of existing facilities and amendment of the Criminal Code in January to allow prisoners to be paroled after serving one-third, rather than one-half, of their sentences. The more than 50,000 inmates in detention exceed the facilities' maximum capacity by 15,000. The Justice Minister blamed overcrowding for an October riot at Hualien prison which left 20 injured; the prison, reportedly designed for 1,151 inmates, houses 2,000. According to the MOJ, the number of prisoners has grown rapidly in recent years because of increased arrests of narcotics law violators who now make up 30 percent of the overall inmate population. The MOJ is setting up drug treatment facilities to reduce the number of addicts in the prison population. Conditions at detention camps for illegal immigrants continued to be poor. The Entry and Exit Bureau admitted that the three detention camps are overcrowded but blamed mainland Chinese authorities for delays in accepting the timely repatriation of illegal immigrants. Mainland detainees spent an average of 113 days in detention. An expansion project for the centers is under way. In July a group of 12 black inmates, almost all from African countries, at the San Hsia illegal aliens detention center claimed that 6 policemen had beaten and tortured a black inmate the previous month. They also charged the camp's police with racial discrimination and ill-treatment of the black inmates. The National Police Administration (NPA) claims there is no discrimination against any detainee because of religion, race, color, or language. d. Arbitrary Arrest, Detention, or Exile Police may legally arrest without a warrant anyone they suspect of committing a crime for which the punishment would be imprisonment of 5 years or more and may question persons without a formal summons. The authorities must, within 24 hours after detention, give written notice to the detainee, or a designated relative or friend, stating the reason for the arrest or questioning. Indicted persons may be released on bail at judicial discretion. The Criminal Procedure Code (CPC) specifies that the authorities may detain a suspect for up to 2 months during the investigative phase before filing a formal indictment. The prosecutor's office may extend the investigative detention for one additional 2-month period. A suspect may be held for up to 3 months during trial proceedings, and the court may extend the trial detention for two additional 3-month periods. The authorities generally have followed these procedures, and trials usually take place within 3 months of indictment. The authorities generally respect a detainee's request to have a lawyer present during the investigation phase, but defense lawyers continue to complain that people often are not advised of their right to have legal representation during police interrogation. In addition, there is no legal requirement that indigent people be provided with counsel during police interrogation, although such counsel is provided during trials. A continuing departure from international standards of due process is the secret witness system under the "Antihoodlum" Law. This system allows police to conduct "sweeps" of suspected "hoodlums" and use the testimony of unidentified informants in detaining the suspects. Lawyers for the alleged hoodlums are not permitted to cross-examine these informants. While defense attorneys have been given the right to examine documentary evidence, critics charge that evidence in these cases is often weak or fabricated. Although the testimony of the secret witnesses is included under the criminal statutes for perjury, critics claim that the detainees often lack the means to prove perjury. The Judicial Yuan (JY) claims that the secret witness system is required to wipe out hoodlums and maintain social order and security. The system is not used in normal criminal procedures; "antihoodlum" punishments are "administrative procedures." Based on evidence provided by the police, a specialized court determines whether or not an accused hoodlum should receive reformatory education. This decision may be appealed by the accused to a higher court. Courts may not determine the length of reformatory education; reformatory authorities make this decision based on the behavior of the detainee. The usual term is 3 to 6 months for a first offense, and detention of repeat offenders may be extended for up to 3 years. Critics say that these specialized courts simply rubber-stamp police decisions, and while virtually all detainees appeal their sentences, most remain unchanged. According to JY statistics, of the 1,763 hoodlum cases referred to the special courts in 1993, 73 percent (1,287) were determined to warrant reformatory education. e. Denial of Fair Public Trial The Judicial Yuan (JY) is one of the five equal branches of Taiwan's political system. It consists of a President, a Vice President, and a 16-member Council of Grand Justices. It interprets the Constitution as well as laws and ordinances. Subordinate JY organs include the Supreme Court, high courts, district courts, the Administrative Court, and the Committee on the Discipline of Public Functionaries. The Constitution provides for equality before the law. Judges, rather than juries, decide trials. All judges are appointed by, and responsible to, the JY. Although some in the past have characterized the judiciary as not fully independent and as susceptible to political and personal pressure, most observers believe the judiciary now is generally independent and impartial. The only public criticism in 1994 came from illegal radio station owner Hsu Jung-Chi who claimed his convictions for inciting illegal demonstrations were a form of political persecution (see Sections 2.a. and 2.b.). To strengthen judicial autonomy, under its new president, Shih Chi-yang, the JY began a 1-year trial reform program in November which includes having each district's presiding judge elected by the district judges rather than appointed from above. The law provides for the right of fair public trial, and this is generally respected in practice. Taiwan's legal system does not provide for trial by jury. In a typical court case, parties and witnesses are interrogated by a single judge but not directly by a defense attorney or prosecutor. The judge may decline to hear witnesses or to consider evidence a party wishes to submit if the judge considers it irrelevant; refusal to hear evidence can be a factor in an appeal. Trials are public, but attendance at trials involving juveniles or potentially sensitive issues which might attract crowds may require court permission. A defendant has the right to an attorney. If the defendant is suspected of committing a crime for which the penalty is 3 or more years' imprisonment, or if the defendant is disabled or elderly, the judge may assign an attorney. Criminal law specifically provides the defendant with protection from self-incrimination. Persons convicted in cases in which the sentence exceeds 3 years have the right to appeal to the high court and to the Supreme Court. The Supreme Court automatically reviews life imprisonment and death sentences. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence The Constitution and sections of the criminal and civil codes contain provisions for privacy. The authorities generally do not make warrantless searches, which were common before the lifting of martial law. A warrant, issued by a prosecutor or a judge, must be obtained before a search, except when incidental to arrest. Critics, however, claim that the "incidental to arrest" provision is not only unconstitutional but often interpreted broadly by police to justify searches of locations other than actual sites of arrests. Moreover, police continue to search cars routinely at roadblocks. According to the National Police Administration, warrantless searches are allowed only in specialized circumstances, such as to arrest an escapee or if facts indicate a person is in the process of committing a crime and the circumstances are urgent. In any such case, the police must file a report with the prosecutor or court within 24 hours. Evidence collected without a warrant, according to regulations, is not excluded from introduction during a trial; however, a policeman who carries out an illegal search can be sued for illegal entry and sentenced up to 1 year's imprisonment. Although in the past allegations were made that police and security agencies interfere with the right to privacy through such means as surveillance and interception of correspondence and telephone calls, there were no reports of such interference for political purposes in 1994. According to EY regulations, judicial and security authorities may file a written request to a prosecutor's office to monitor telephone calls to collect evidence against a suspect involved in a major crime. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The Constitution provides for freedom of speech, teaching, writing, and publication, but some restrictions exist in practice, especially in relation to Taiwan's electronic media. During the year, the authorities continued the measured steps, begun in 1993, to liberalize the previously tight control by the authorities and the KMT over broadcast television and radio. In August the Office of the High Court Prosecutor formally dropped sedition charges against Shih Ming, the last of the major dissident leaders, who had returned to Taiwan illegally in 1993 after more than 40 years' exile in Japan. The prosecutor determined that Mr. Shih had not tried to overthrow the Taiwan authorities with threats or violent acts (see also Section 2.d). The dropping of sedition charges against Mr. Shih officially confirmed the end of Taiwan's four-decade-long "wanted list" of sedition suspects. In 1992 the Taiwan authorities revised sedition statutes to eliminate provisions outlawing "conspiracy" to commit sedition and to limit the purview of the Sedition Law to cases involving violence or threats. After the revision, the authorities released all prisoners convicted on sedition charges and dropped pending sedition cases. Also in 1992, the Taiwan authorities revised the National Security Law (NSL), removing prohibitions on "actions against the Constitution." However, the NSL--and related statutes such as the Civic Organizations Law and the Parade and Assembly Law--still retain prohibitions against advocating communism or espousing the division of national territory. Taiwan has a vigorous and active free press despite the Publications Law which empowers the police to seize or ban printed material that is seditious, treasonous, sacrilegious, interferes with the lawful exercise of public functions, or violates public order or morals. There were no reports of censorship of the print media during the year. Nor were there seizures of materials on political grounds, although the police conducted raids to seize pornographic materials. In February the Government Information Office (GIO) reiterated that any publications imported from mainland China should be sent to the GIO Publications Department for screening before sale or publication in Taiwan. The GIO bans the importation of publications which advocate communism or United Front organizations, endanger public order or good morals, or violate regulations or laws. However, few local publishing companies observe this regulation. The Department estimated that 10,000 copies of mainland publications are imported annually. In a well-publicized libel case, four professors found guilty in 1993 for leading a boycott against a newspaper they alleged slanted its reporting in favor of mainland China and against Taiwan were successful in their appeal. In August the high court reversed the lower court verdict and affirmed the defendants right to criticize the media. The high court, however, rejected a libel suit filed by one of the defendants against the newspaper involved. The KMT, the Taiwan provincial government, and the military continue to operate the three island-wide broadcast television stations and to be their largest shareholders. The GIO claims that these stations are really civilian businesses since the authorities control less than half of their stock shares. The GIO notes that their programming is guided by the market rather than the GIO or the KMT and that they rely on revenues from commercials and services rather than public funds. Critics, notably the two principal opposition parties, claim that coverage on the three broadcast television stations has been slanted to favor the KMT viewpoint and that reports on sensitive subjects, such as opposition demonstrations, have been similarly biased. A breakthrough occurred in October when a leading newspaper and one of the television channels sponsored a live debate among the three Taipei mayoralty candidates--Taiwan's first televised debate among election candidates. More than three-fourths of Taiwan's radio frequencies have been held by the authorities, the KMT, and other noncommercial entities. In the past, the Taiwan authorities claimed only 12 of the 33 radio stations legally operating were owned by military and civil agencies, but they counted among ostensibly "private" stations such entities as the KMT-controlled Broadcasting Corporation of China. Past refusals by the authorities to approve requests to establish new radio and television stations led to the establishment of a number of illegal underground cable television and radio stations. Many of these stations broadcast in the Taiwanese dialect rather than in Mandarin and reflect the views of or support for the opposition Democratic Progressive Party (DPP). In 1993 the authorities began a multiyear process to loosen controls on television. The LY passed a Cable Television Law dividing the island into 51 districts, each of which is allowed up to five local cable television companies. By the end of 1993, more than 600 previously illegal cable television operations had registered with the GIO to legalize their operations under interim cable television regulations, which apply until the Cable Television Law takes full effect. The authorities are also setting up a new public television network to begin operation in 1995. In addition, two more broadcast television frequencies are being made available. Also in 1993, the GIO began a five-stage process to open radio frequencies. In the first two stages, the GIO approved licenses for 24 20-kilometer-range FM stations; included were 6 pro-DPP stations, 3 of which were already operating illegally. Critics charge that the limited broadcast ranges of the new television and radio stations do not constitute a counterweight to the authorities' monopoly on island-wide broadcasting. Some critics have also been concerned that the KMT, with its vast economic resources, or large corporations will try to control these new "investment arenas." The authorities' control of the media continued to be a volatile issue. On July 30, GIO staff members and 6,719 policemen raided 14 underground pro-DPP radio stations across the island for operating illegally; included was the antiestablishment "Voice of Taiwan" (VOT) in suburban Taipei. The underground radio supporters and the DPP claimed that the raids infringed on freedom of the press and the people's right to know, and were designed to muzzle the opposition on the eve of sensitive negotiations between Taiwan and mainland China as well as stifle debate prior to the December elections. In an August 1 demonstration in Taipei protesting the raids, hundreds of demonstrators attacked the GIO headquarters and other public and KMT buildings. More than 30 demonstrators and police were injured. Reporters and cameramen were targeted for attack by the demonstrators who feared being identified from news films. Twelve demonstrators were indicted for violations of the Parade and Assembly Law (see also Section 2.b.), interfering with public functions, and causing bodily harm; four were sentenced to from 3 to 5 months in prison (a sentence which may be converted to a fine). Charges against the others were dropped for lack of evidence. In a separate incident a few days later, a GIO staff member involved in the July 30 raids was stabbed and severely injured on his way to work. Four suspects were indicted in December upon completion of the investigation into the incident and face trial. The violence continued into October when six to eight persons broke into the VOT studios and used baseball bats to smash broadcasting equipment and beat staff members. The VOT claimed the attack was carried out by plainclothes policemen, a charge which was never substantiated. In response, GIO Director General Jason Hu tried to encourage underground stations to become legal by announcing in August that the GIO would lower the minimum capitalization costs required for 99 new 5-kilometer-range community radio stations from approximately $2 million to $40,000 and accelerate the pace of the licensing process for these stations. In December the GIO approved 46 of 174 applications for the community radio stations, including 10 from already operating illegal stations. Among other restrictions regulating the media are those precluding people previously convicted of sedition from owning, managing, or working in television and radio stations. However, major opposition leaders, many of whom were convicted of sedition after the December 1979 Kaohsiung incident, are not affected because their rights were restored through presidential amnesties. The authorities lifted controls on the percentage of time television and radio stations could broadcast in dialects in 1993. Although the Taiwanese dialect is the mother tongue of most of the island's inhabitants, the authorities had previously required that 80 percent of broadcasting be in Mandarin. Broadcasting is now done in Mandarin, Taiwanese, Hakka (television and radio), and aboriginal dialects (radio only). There appear to be few restrictions on academic freedom. The expression of dissenting political views is common. However, school authorities still sometimes pressure schoolteachers to discourage students from joining demonstrations. b. Freedom of Peaceful Assembly and Association The Constitution provides for freedom of assembly and association, but the Taiwan authorities restrict these rights somewhat in practice. The Civic Organization Law requires all civic organizations to register; however, the authorities have refused to approve registration of some groups--such as the Taiwan Association for Human Rights (TAHR), the Taiwan Association of University Professors, and the Taiwan Environmental Protection Alliance--which use the word "Taiwan" in their titles (a usage which is regarded by the authorities as promoting Taiwan independence). These groups, however, continue to operate.