Stephen S. Lee
Taiwan Association For Human Rights

29th January 1996

A. Freedom Of Assembly And Association

Article 14 of the Constitution in Taiwan allows freedom of assembly and association. However, freedom of assembly is in many ways restricted by the Assembly and Demonstration Law and violation of such law may by punished with the sentence up to three years in jail. For instance, in 1995, two aboriginal leaders were put in jail for one-year sentence on account of such violation.

And the freedom of association has not fully respected by the authority, as one China policy, they still refuse to let any association to register in the name of "Taiwan" for the ruling party's political consideration. For instance, in the 4th November, 1995, the Chinese society of Comparative Law has been renamed as "Taiwan Law Society", but was denied such a registration by the Ministry of Interior Affairs for the aforesaid reason.

B. Defendants' Human Rights In Judiciary Process

The Hoodlum Law which allows the police &/or so called "secret witness" to send a person accused of the identity of "hoodlum" (or gangster) to jail for three years without giving any right to cross-examine the secret witnesses or seeing their testimonies record. This law was interpreted as unconstitutional by the grand justices in the 28th July, 1995, but will only become void on the 31st December, 1995.

The public prosecutor's power of detaining defendants or suspects was challenged as unconstitutional and violation of human rights which puts the latter in the most disadvantageous position before they can defend against the prosecutor's charges. In the 23rd December, 1995, the grand justices have interpreted such power as unconstitutional and must transfer it to the court judges two years later.

Nevertheless, the above two constitutional interpretations are being criticized as the continuing deprivation of human rights protection during the above grace period.

C. Police Torture And Violence

The torture and physical violence on the defendants and suspects by the police are still not uncommon in Taiwan. For example, in 1995, the Control Yuen has found the evidence of torture used by the police in obtaining confession from the suspects in the case of kidnapping and murders of a 10 years old boy (Lu Cheng) and a 51 years old woman (Yang Hong Yi-Lan) happened in 1988, and also the murder case of a couple which has made three defendants convicted of death penalty in 1995. Both cases pending in the Supreme Court.

In order to improve the human rights abuse in respect of the police torture and violence, the Ministry of Justice proposed to have video-tapping the whole process of police interrogation, but our association is suspicious of the effectiveness and made another suggestion of forbidding any interrogation in the absence of the suspects' lawyer or relative. In the 30th June, 1995, the Judicial Improvement Committee of the Judiciary Yuan has made such a proposal for amending the Criminal Procedure Code.

D. The Interrelation Between The Sovereignty Of Taiwan And The Human Rights Of The People In Taiwan

Taiwan has been facing the constant threats of invasion with force by the People's Republic of China (PRC). Thus Taiwan's sovereignty has been in danger and will cost the most serious violation of the human rights of 21 million people in Taiwan. Since PRC never rules or controls Taiwan and they has no right to claim Taiwan as part of their territory and the people in Taiwan as their citizens under their ruling.

Taiwan has their own defined territory, people and government and been exercising their sovereignty more than the right to the self-determination recognized by the United Nations as an independent state ever since, especially in the 23rd March, 1996, Taiwan will directly elect the president and vice president. Therefore, in the 25th July, 1995, our Association has issued a public statement in stressing the importance of preserving the sovereignty of Taiwan as the human rights protection for the people in Taiwan.

E. Human Rights Situation In The Military

In Taiwan, all male adults must have performed the military service for two years and therefore may receive abuse or oppression from their professional colleagues &/or superiors. Although the human rights situation in the military was kept as the secret of national security. Because of the influence of democratization in recent years, it has become a public issue and is being improved. Our Association is keeping an eye on it.

In recent years, the human rights abuse in the military has been disclosed and received public attention. Our association has received several complaints from the family of the service men who were found being beaten to death in their camps.

F. Freedom Of Expression Through Television And Radio Broadcasting

All the current three wireless television stations are controlled by the ruling party (KMT) and new radio stations are limited. By the efforts of movements on street and in the legislature, the government has granted a license to the fourth TV station and more new radio stations. However, more than a dozen radio stations have not been legalized and may be confiscated and received criminal charges in the near future.