Executive Yuan asks that guidelines be established for conducting raids

The Executive Yuan yesterday requested that the National Police Administration (NPA) draw up a decree that establishes guidelines for conducting police raids. The guidelines would become the basis for new legislation scheduled to come into effect in two years' time.

The request was made in response to a ruling made by the Council of Grand Justices on Friday, stating that it is unconstitutional for the police to conduct random raids without search warrants.

In addition, the ruling stated that police must also explain to suspects why they are being searched, and that suspects can refuse to be searched if police fail to present the appropriate warrants.

Addressing the media at the Government Information Office (GIO) after the weekly Cabinet closed-door meeting yesterday morning, GIO Secretary-General Su Tzen-ping (蘇正平) said that the public's safety and human rights are two sides of the same coin.

"The ultimate purpose of maintaining public security is to protect human rights," Su quoted Premier Chang Chun-hsiung (張俊雄) as saying.

In other words, random checks conducted in the street, at hotels or at private households are meant to ensure the safety of people's lives and their property, Su said.

"However, to avoid inconveniences and the invasion of people's privacy, law-enforcement officers have to be very careful when enforcing the law," he said.

Su said that although the grand justices' ruling has caused controversy among the public and law-enforcement officials, Chang acknowledged its validity.

"In the beginning, it might cause a little bit of inconvenience for law enforcement officers. In the long run, however, it will help improve the image of the police if they adjust the way they carry out their duties," he said.

Su added that it is important to enact new laws, and amend or abolish existing laws which violate human, political, economic, social and cultural rights.

"Some of the existing laws were enacted during the martial law era when awareness of human rights was negligible," he said.

According to Chen Lien-chen (陳連禎), chief of the administrative section of the NPA, the section has already completed drafting the decree and sent it to the Ministry of the Interior for further review. It then will be sent to the Cabinet for further review if the interior ministry gives its approval.