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.
Chinese Nationalist Party (KMT) Chairman Eric Chu (朱立倫), spokeswoman Yang Chih-yu (楊智伃) and Legislator Hsieh Lung-chieh (謝龍介) would be summoned by police for questioning for leading an illegal assembly on Thursday evening last week, Minister of the Interior Liu Shyh-fang (劉世芳) said today. The three KMT officials led an assembly outside the Taipei City Prosecutors’ Office, a restricted area where public assembly is not allowed, protesting the questioning of several KMT staff and searches of KMT headquarters and offices in a recall petition forgery case. Chu, Yang and Hsieh are all suspected of contravening the Assembly and Parade Act (集會遊行法) by holding
PRAISE: Japanese visitor Takashi Kubota said the Taiwanese temple architecture images showcased in the AI Art Gallery were the most impressive displays he saw Taiwan does not have an official pavilion at the World Expo in Osaka, Japan, because of its diplomatic predicament, but the government-backed Tech World pavilion is drawing interest with its unique recreations of works by Taiwanese artists. The pavilion features an artificial intelligence (AI)-based art gallery showcasing works of famous Taiwanese artists from the Japanese colonial period using innovative technologies. Among its main simulated displays are Eastern gouache paintings by Chen Chin (陳進), Lin Yu-shan (林玉山) and Kuo Hsueh-hu (郭雪湖), who were the three young Taiwanese painters selected for the East Asian Painting exhibition in 1927. Gouache is a water-based
Taiwan would welcome the return of Honduras as a diplomatic ally if its next president decides to make such a move, Minister of Foreign Affairs Lin Chia-lung (林佳龍) said yesterday. “Of course, we would welcome Honduras if they want to restore diplomatic ties with Taiwan after their elections,” Lin said at a meeting of the legislature’s Foreign Affairs and National Defense Committee, when asked to comment on statements made by two of the three Honduran presidential candidates during the presidential campaign in the Central American country. Taiwan is paying close attention to the region as a whole in the wake of a
OFF-TARGET: More than 30,000 participants were expected to take part in the Games next month, but only 6,550 foreign and 19,400 Taiwanese athletes have registered Taipei city councilors yesterday blasted the organizers of next month’s World Masters Games over sudden timetable and venue changes, which they said have caused thousands of participants to back out of the international sporting event, among other organizational issues. They also cited visa delays and political interference by China as reasons many foreign athletes are requesting refunds for the event, to be held from May 17 to 30. Jointly organized by the Taipei and New Taipei City governments, the games have been rocked by numerous controversies since preparations began in 2020. Taipei City Councilor Lin Yen-feng (林延鳳) said yesterday that new measures by
RSS