The Control Yuan yesterday demanded that the executive branch revise rules and regulations governing foreign nationals who are being kept in the nation’s shelters.
The Control Yuan issued the demand following an investigation into alleged human rights violations at the Taipei Shelter, where some foreigners are being held.
Control Yuan members Chou Yang-shan (周陽山), Lee Ping-nan (李炳南) and Lee Ful-dien (李復甸), who were in charge of the investigation launched in May, published their report yesterday, which found six major flaws in the shelter system.
According to Article 38 of the Immigration Act (入出國移民法), foreigners could be kept in the shelter if they meet one of the following conditions: They are to be deported as a penalty but have not yet completed the procedure for leaving the country; they entered the country illegally or overstayed their visits or period of residence; they are wanted by a foreign government; or need to be detained temporarily.
A major problem with the system was that detention of foreigners was carried out without court intervention, in violation of Article Eight of the Constitution, the report said.
In accordance with the Constitution, “in no case except that of flagrante delicto, which shall be separately prescribed by law, shall any person be arrested or detained other than by a judicial or police organ in accordance with the procedure prescribed by law,” the report said.
Article 38 of the Immigration Act stipulates that the detention shall not exceed 60 days. However, it allows the National Immigration Agency (NIA) to prolong the period when necessary until the foreigner is deported.
Taking the Taipei Shelter as an example, Control Yuan members said they found there were frequent cases at the shelter where some foreign nationals had been kept for months or even years.
The shelters were also overcrowded, the Control Yuan members said, adding that they lacked sufficient healthcare facilities and personnel and did not have quarantine measures against possible pandemic diseases.
The Judicial Yuan shall establish a remedy system for detained foreign nationals to seek remediation through litigation and compensation for unlawful detention, they said.
Lack of protection of human rights of detained foreign nationals was not only inconsistent with the Constitution, but also in violation of international norms, the Control Yuan report concluded.
According to the NIA, currently there are a total of four shelters nationwide that hold Chinese and foreign nationals.
NATIONAL SECURITY: Authorities are working to confirm the identities of the military personnel involved and investigating possible illegal conduct and regulatory violations Authorities are probing possible national security implications after Kinmen police and immigration officers on Sunday found a Chinese woman allegedly posing as a tourist while engaging in prostitution involving more than 10 military personnel. The woman, surnamed Chen (陳), has since been deported, authorities said, adding that investigators are still working to confirm the identities of those implicated, as the records only listed code names and aliases. The case stemmed from a report received by the Kinmen District Prosecutors’ Office on Friday last week from the Jinhu Precinct of the Kinmen County Police Bureau. On Sunday, police, along with the National Immigration
GLOBALGIVING: ‘ Caving to external pressure is not acceptable for an organization that has cultivated justice reform and human rights for 30 years,’ one NGO said A slew of non-government organizations (NGOs) have withdrawn from the GlobalGiving fundraising platform after it announced it would use “Chinese Taipei” instead of “Taiwan” from next month. The Taiwan Good Rice Association wrote on Facebook on Friday that it was informed on April 28 via a teleconference call of the change, which was made because the platform wanted to operate in China. Taiwan Good Rice is to terminate all cooperative relationships with GlobalGiving in response to the platform’s “unilateral and non-negotiable” decision to remove references to Taiwan, the NGO said. “Taiwan is in the official name of Taiwan Good Rice Association and the
HEAVY WEATHER: Typhoon Jangmi is due to crash straight into the Ryukyus as airlines look to shift flights to larger aircraft or cancel flights to Okinawa entirely Taiwan’s international air carriers announced flight adjustments over the weekend as Typhoon Jangmi is forecast to hit the Ryukyu Islands today and tomorrow. The Central Weather Administration (CWA) upgraded Jangmi from a tropical storm to a typhoon at 8am yesterday, with the eye located 580km south of Naha city. It was moving north at 19kph. Today, China Airlines’ CI-120, CI-121, CI-122 and CI-123 flights between Taoyuan and Naha, Okinawa, have been canceled as well as CI-132 and CI-133 between Kaohsiung and Naha. EVA Air’s BR-112, BR-113, BR-186 and BR-185 flights between Taoyuan and Naha are also canceled. Low-cost carrier Tigerair Taiwan canceled IT-230,
STAY COOL: The HPA recommended that people stay hydrated, use air-conditioning or fans while indoors, wear loose-fitting clothes and walk in the shade while outdoors Employers must implement measures such as installing cooling equipment, and providing drinking water and rest breaks for outdoor workers starting from Monday next week, the Taipei Department of Labor said on Sunday. Employers who fail to comply could face fines of NT$30,000 to NT$300,000 under the Occupational Safety and Health Act (職業安全衛生法), the department said. Businesses in Taipei employing fewer than 100 workers, as well as registered self-employed workers with labor insurance coverage, could receive on-site assessments and guidance from occupational safety consultants to help them apply for central government subsidies to implement or improve heat-protection measures, it said. Under the Ministry of
RSS