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英文摘要： Taiwan is governed by a president and a parliament selected in multiparty elections. In 2016 voters elected President Tsai Ing-wen of the Democratic Progressive Party to a four-year term in an election considered free and fair.
Civilian authorities maintained effective control over the security forces.
Principal human rights problems reported during the year were exploitation of foreign workers, including foreign crewmembers on long-haul fishing vessels and household caregivers; domestic violence; and official corruption.
Other human rights concerns during the year included some media self-censorship with regard to China; vote buying; violations of legal working hours; lack of barrier-free spaces and accessible transportation systems for persons with disabilities, particularly outside Taipei; gender-biased sex selection; and a rise in child abuse.
As of June authorities indicted 201 officials, including 23 high-ranking officials, on corruption charges. There were no reports of impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom from:Share
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were no reports that authorities or their agents committed arbitrary or unlawful killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution stipulates that no violence, threat, inducement, fraud, or other improper means should be used against accused persons.
In 2015 the High Court increased sentences on several military officials involved in the 2013 death of army corporal Hung Chung-chiu following prolonged exercise in extreme heat, but the Court overturned the guilty conviction of Hung’s brigade commander. The High Prosecutors Office appealed the rulings to the Supreme Court, which in January rejected the brigade commander’s not-guilty verdict as well as eight other sentences and referred them back to the High Court for a retrial.
Prison and Detention Center Conditions
Prison and detention center conditions generally met international standards.
Physical Conditions: Overcrowding was a problem; prisons operated at 113 percent of designed capacity.
The case of former president Chen Shui-bian continued to receive high-profile attention from domestic and international political figures and human rights activists. Since his release on medical parole in 2015, Chen must seek special permission from Taichung Prison authorities to engage in activities unrelated to medical treatment, including political activities. During the year, authorities denied Chen permission to attend various political functions but did approve others, including a fundraising event and a concert. Prison authorities monitored Chen’s outside activities and found him in compliance with the conditions of his medical parole, which the Ministry of Justice’s Agency of Corrections periodically extended based on updated medical evaluations.
Administration: Prison authorities investigated claims of inhumane conditions and released the results of their investigations to judicial authorities and occasionally to the press. Authorities investigated and monitored prison and detention center conditions.
During the active investigation phase of their cases, authorities deprived a small number of detainees of visitation rights, on court order, although these detainees retained access to legal counsel.
Independent Monitoring: Authorities allowed independent nongovernmental observers to investigate prison conditions.
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention, and authorities generally observed these prohibitions.
ROLE OF THE POLICE AND SECURITY APPARATUS
The National Police Administration (NPA) of the Ministry of the Interior (MOI) has administrative jurisdiction over all police units, although city mayors and county magistrates appoint city and county police commissioners. Civilian authorities maintained effective control over the NPA, and authorities had effective mechanisms to investigate and punish abuse and corruption.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
The law requires a warrant or summons, except when there is sufficient reason to believe the suspect may flee, or in urgent circumstances, as specified in the code of criminal procedures. Courts have judicial discretion to release indicted persons on bail. Prosecutors must apply to the courts within 24 hours after arrest for permission to continue detaining an arrestee. Authorities generally observed these procedures, and trials usually took place within three months of indictment. Prosecutors may apply to a court for approval of pretrial detention of an unindicted suspect for a maximum of two months, with one possible two-month extension. Courts may request pretrial detention in cases in which the potential sentence is five years or more and when there is a reasonable concern that the suspect could flee, collude with other suspects or witnesses, or tamper or destroy material evidence.
While courts are required to appoint counsel after prosecutors file an indictment, the law does not specify what lawyers can or should do to protect the rights of indigent criminal suspects during initial police questioning. The judicial branch (Judicial Yuan) and the NPA operated a program to provide legal counsel during initial police questioning to qualifying indigent suspects who have a mental disability or have been charged with a crime punishable by three or more years in prison. Detained persons may request the assistance of the Legal Aid Foundation (LAF), a publicly funded independent statutory organization that provides professional legal assistance through its 21 branch offices to persons who might not otherwise have legal representation. During regular consultations with police and when participating in police conferences, LAF officials remind police of their obligation to notify suspects of the existence of such counseling. Authorities can detain a suspect without visitation rights other than by legal counsel or hold a suspect under house arrest based on a prosecutor’s recommendation and court decision. Authorities can prohibit suspects and prisoners from receiving visitors; however, they are entitled to meet and consult with legal counsel. The law affords the right of compensation to those whom police have unlawfully detained.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary; however, some political commentators and academics publicly questioned the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases. During the year, judicial reform advocates pressed for greater public accountability, reforms of the personnel system, and other procedural improvements.
A February survey by the Crime Research Center of National Chung Cheng University found 85 percent of respondents distrusted the objectivity and fairness of judges, a 7 percent increase from the same survey the previous year and a record high. The same survey found that 77 percent of respondents did not trust the objectivity and fairness of prosecutors.
In March the Taichung Branch of the High Prosecutors Office applied for the retrial of death row inmate Cheng Hsing-tse after 14 years’ imprisonment on charges of killing a police officer, citing new potentially exculpatory evidence. Cheng’s release, which followed seven trials, seven retrials, and a 2006 Supreme Court ruling upholding his death sentence, marked the first time prosecutors have sought a retrial in a death sentence case previously upheld by the Supreme Court.
TRIAL PROCEDURES
The constitution provides for the right to a fair public trial, and an independent judiciary generally enforced this right.
Under an amendment to the Certiorari Act that took effect in 2014, when any authority arrests or detains a person without a court order, any person including the arrestee/detainee may petition a court of justice having jurisdiction for a writ of habeas corpus, and the case must be brought before a judge within 24 hours. The law also requires agencies to inform detainees of their right to see a judge for a writ of habeas corpus. Detaining authorities who violate the law may face a maximum sentence of three years in prison and a fine of up to New Taiwan dollars (NT$) 100,000 ($3,160).
All defendants are presumed innocent until proven guilty. They also have the right to an attorney and to be present at trial. Trials are public, although court permission may be required to attend trials involving juveniles or potentially sensitive issues that might attract crowds. Judges decide cases; all judges receive appointments from and answer to the Judicial Yuan. A single judge, rather than a defense attorney or prosecutor, typically interrogates parties and witnesses. Defendants have the right to be informed promptly of charges, hire an attorney of their choice or have one provided, prepare a defense, confront witnesses against them, and present witnesses and evidence. Defendants have the right to free interpretation service, if needed, from the moment charged through all appeals. The presiding judge determines on a case-by-case basis a defendant’s access to evidence held by the prosecution.
The law states that a suspect may not be compelled to testify and that a confession shall not be the sole evidence used to find a defendant guilty. All convicted persons have the right to appeal to the next higher court level. Persons sentenced to terms of imprisonment of three years or more may appeal beyond that level. The law extends the above rights to all suspects.
POLITICAL PRISONERS AND DETAINEES
There were no reports of political prisoners or detainees.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
There is an independent and impartial judiciary for civil matters. Administrative remedies are available in addition to judicial remedies for alleged wrongdoing, including human rights violations.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution prohibits such actions, although there was at least one report of authorities failing to respect these prohibitions during the year.
In February the Political Warfare Bureau of the Ministry of National Defense informed Taipei military police that a civilian surnamed Wei was selling classified documents on the internet. The military police searched Wei’s house without a warrant, seized documents, and detained Wei for questioning under charges of receiving stolen property and offenses against privacy. The military’s warrantless search of a civilian’s home and failure to seek consent from prosecutors sparked a strong public outcry and prompted prosecutors to launch an investigation. The defense ministry announced in March a list of 14 military officers it would reprimand for their handling of the case. These officers included two lieutenant generals: the head of the Political Warfare Bureau, who received two demerits, and the chief of the Military Police Command, who received an admonition. In May the Taipei District Prosecutors Office concluded its investigation and decided to drop charges against 12 military officers, saying the search, albeit faulty, occurred with Wei’s prior consent and did not violate the law.
Section 2. Respect for Civil Liberties, Including:Share
a. Freedom of Speech and Press
The constitution provides for freedom of speech and press, and authorities generally respected these rights. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and press.
Freedom of Speech and Expression: In July Taipei District Court sentenced two pro-independence activists to three months in jail for removing and damaging 15 Taiwan flags in violation of the criminal code, which prohibits damaging, removing, or dishonoring the flag with the purpose of insulting Taiwan.
Press and Media Freedoms: The independent media were active and expressed a wide variety of views without restriction. There was, however, concern about the impact of the concentration of media ownership on freedom of the press.
Violence and Harassment: Physical attacks and threats against journalists were rare. Local media reported incidents of police obstruction and violence directed at journalists who were covering protests against administration policies.
In 2015 two citizen journalists were arrested for alleged trespassing and interference with official functions while covering a protest in Taipei against then- president Ma Ying-jeou’s meeting with Chinese President Xi Jinping in Singapore. Police released the two 13 hours later. Local activists said the arrest was a case of discrimination against the citizen journalists, since police did not interfere with other professional journalists covering the same protest.
Censorship or Content Restrictions: Local academics and media activists alleged that self-censorship continued as some media chose to present news stories in favor of the People’s Republic of China (PRC) due to political considerations and the influence of local businesses with close ties to the PRC.
INTERNET FREEDOM
Authorities did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that they monitored private online communications without appropriate legal authority. The internet was widely available and used extensively.
ACADEMIC FREEDOM AND CULTURAL EVENTS
There were no restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association
In May the Executive Yuan withdrew its lawsuit against 126 participants in the 2014 Sunflower student protest movement. Activists welcomed the withdrawal of the lawsuit, which some had alleged was politically motivated.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and authorities generally respected these rights.
PROTECTION OF REFUGEES
Access to Asylum: The law does not provide for the granting of asylum or refugee status, and authorities have not established a system for providing protection to refugees. All PRC citizens unlawfully present are required by law to be returned to the PRC, although there were cases of granting permanent resident status to PRC asylum seekers who resided in Taiwan for an extended period.
In November the legislature passed an amendment to the Immigration Act to grant residence permits to stateless persons from Tibet who entered Taiwan from India and Nepal before June 29, 2016. Prior to passage of the amendment, only stateless persons from Tibet who entered Taiwan from India and Nepal between May 21, 1999, and December 31, 2008, were entitled to residence permits.
Section 3. Freedom to Participate in the Political ProcessShare
The constitution provides citizens the ability to choose their elected officials in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Elections and Political Participation
Recent Elections: Presidential and legislative elections took place in January. Democratic Progressive Party candidate Tsai Ing-wen won the presidency, and her party obtained a majority in the legislature for the first time in Taiwan’s history. Observers regarded the elections as free and fair, although there were allegations of vote buying by candidates and supporters of both major political parties. According to statistics from the Supreme Prosecutors Office, as of January prosecutors charged a total of 1,057 people with vote buying. In February re-elected Kuomintang legislator Chien Tung-ming was indicted for alleged vote buying, and Taichung prosecutors filed a petition asking the court to nullify his election. According to the Civil Servants Election and Recall Act, a lawsuit seeking election nullification can be appealed only once, a process that generally takes one year. Chien’s wife and 86 campaign staffers and supporters were also indicted in the case.
Amendments to the Civil Servants Election and Recall Act passed in November lowered the threshold of petitions, signatures, and votes needed to recall officials.
Participation of Women and Minorities: With her election, President Tsai Ing-wen became Taiwan’s first-ever female president. In the new legislature, a record 38 percent of lawmakers are women. A Cambodian-born woman became Taiwan’s first immigrant legislator. According to a survey published by the Ministry of Labor in August, the ratio of women elected as local government leaders reached 15.8 percent, a new 10-year high for women’s participation at that level.
Despite the relatively high participation of women in politics, officials, private sector representatives, and civil society advocates noted that media and popular culture perpetuate traditional gender stereotypes and reinforce the expectation that women serve as primary caretakers.
Gender equality advocates criticized the Tsai administration’s appointment of only six women to its 42-member cabinet, the lowest ratio of women to occupy cabinet-level posts since 1997.
Section 4. Corruption and Lack of Transparency in GovernmentShare
The law provides criminal penalties for corruption by officials, and authorities generally implemented the law effectively. There were reports of official corruption during the year. As of June, 23 ranking officials, 62 mid-level, 111 low-level, and five elected officials had been indicted for corruption.
Corruption: The Ministry of Justice and its subordinate Agency against Corruption are in charge of combating official corruption. The ministry received sufficient resources and collaborated with civil society within the scope of the law. Some legal scholars and politicians said the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians. The Control Yuan is responsible for impeachment of officials in cases of wrongdoing.
A survey conducted in July by the Crime Research Center of National Chung Cheng University found that 76 percent of respondents were dissatisfied with authorities’ anticorruption efforts.
In January Taipei prosecutors raided Legislative Yuan then secretary-general Lin Hsi-shan’s office amid allegations that Lin received kickbacks to help a computer company secure the legislature’s procurement contracts. While in pretrial detention, authorities denied Lin the right to visitors (other than counsel). He was indicted on charges of corruption in May. Lin was the highest-ranking official to face this charge since the 2012 bribery case of former Executive Yuan secretary-general Lin Yi-shih.
In April the Supreme Court sentenced former Taoyuan County deputy magistrate Yeh Shih-wen to seven years in prison for taking bribes from Farglory Land Development Co. in exchange for supporting various construction projects while serving as chief of the Construction and Planning Agency under the Ministry of Interior in 2012, and as deputy Taoyuan county magistrate from 2013 to 2014. That Yeh continued to receive civil service pensions despite a 21-year sentence in a second High Court trial that preceded the Supreme Court verdict sparked public controversy. After the Supreme Court’s verdict, the legislature passed amendments to the Civil Service Retirement Act stipulating that civil servants found guilty of corruption and sentenced to death, life imprisonment, or prison terms of seven years or longer will not be entitled to retirement pensions, and pensions already paid to convicted civil servants will be confiscated.
Financial Disclosure: The law requires specified appointed as well as elected officials to disclose their income and assets to the Control Yuan, which makes the disclosures public. Those failing to declare property are subject to a fine ranging from NT$200,000 ($6,320) to NT$4.0 million ($126,400) and may be punished with a prison term of no more than one year for repeatedly failing to comply with the requirement. The law also requires civil servants to account for abnormal increases in their assets and makes failure to do so a punishable offense, and there are criminal and administrative sanctions for noncompliance.
Public Access to Information: The law stipulates that all government information be made available to the public upon request, with the exception of national security secrets, professional secrets, personal information, and protected intellectual property. According to the law, within 15 days of receiving a request for government information, the receiving agency shall determine whether to approve such a request. The time limit can be extended for no more than 15 days, if necessary. The agency may charge a fee, which it sets based on the purpose of the request. The fees can be reduced or waived, if the request is for academic research or is in the public interest. Officials are subject to punishment or reprimand if they violate the law. The law provides that registered citizens, companies, and groups may submit information requests and may appeal requests that are denied. These privileges are extended on a reciprocal basis to citizens of foreign countries. Since implementation of the law in 2005, some cabinet-level agencies, including the ministries of interior and justice, have provided officials with training.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human RightsShare
A variety of domestic and international human rights groups generally operated without restriction, investigating and publishing their findings on human rights cases. Authorities were generally cooperative and responsive to their views.
Section 6. Discrimination, Societal Abuses, and Trafficking in PersonsShare
Women
Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence. Many victims did not report the crime for fear of social stigmatization, and various nongovernmental organization (NGO) and academic studies estimated that the total number of sexual assaults was seven to 10 times the number reported to police.
The law provides protection for rape survivors. Rape trials are not open to the public unless the victim consents. The law permits a charge of rape even if the victim chooses not to press charges.
The 2015 amendments to the Sexual Assault Crime Prevention Act prohibit any parties or persons from disclosing on the internet or to the media a sexual assault victim’s name or releasing any personally identifiable information associated with a victim. Persons violating the law face a fine ranging from NT$20,000 ($632) to NT$100,000 ($3,160). An article of the amended law expected to come into effect in 2017 stipulates that experts will assist in questioning and appear in court as witnesses when rape victims are minors or mentally disabled. It also authorizes the use of one-way mirrors, video conferencing, or other questioning and/or trial practices to protect victims.
The law establishes the punishment for rape as not less than five years’ imprisonment, and courts usually sentenced individuals convicted of rape to five to 10 years in prison. According to the Ministry of Justice, the average prosecution rate for rape and sexual assault over the past five years was approximately 47 percent, and the average conviction rate of cases prosecuted was approximately 88 percent.
Courts typically sentenced individuals convicted in domestic violence cases to less than six months in prison. Some abused women chose not to report incidents to police due to social pressure not to disgrace their families. The law allows prosecutors to investigate complaints of domestic violence even in cases where the victim has not filed a formal complaint.
The law requires all cities and counties to establish violence prevention and control centers to address domestic and sexual violence, child abuse, and elder abuse. These centers provided victims with protection, medical treatment, emergency assistance, shelter, legal counseling, education, and training on a 24-hour basis. The Ministry of Health and Welfare oversees efforts to combat and address rape and domestic violence.
A March health and welfare ministry survey of women ages 18 to 74 found 26 percent of respondents had encountered abuse from an intimate partner at some point in their life, with psychological abuse being most common (suffered by 21 percent of respondents), followed by physical abuse (10 percent), economic abuse (9.6 percent), sexual violence (7.2 percent), and stalking and/or harassment (5.2 percent). The survey found that respondents aged 71 to 74 had experienced the highest rate of abuse (42.9 percent). The ministry estimated that 40 percent of physical abuse cases go unreported to authorities.
Sexual Harassment: The law prohibits sexual harassment (see section 7.d.). According to the latest figures available from the Ministry of Education, in 2014 there were 2,010 cases of sexual harassment against female students or staff reported by schools’ and universities’ Commissions of Gender Equality Education. In most cases, perpetrators were required to attend classes on gender equality and counseling sessions.
Reproductive Rights: Individuals and couples have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have the information and means to do so, free from discrimination, coercion, and violence. The law prohibits unmarried persons from obtaining fertility treatment.
Discrimination: The law provides the same legal status and rights for women as for men. Women experienced some discrimination in employment (see section 7.d.).
Gender-biased Sex Selection: In 2015 the ratio of boy-to-girl births was 108 to 100, the highest in five years. This figure prompted the Health Promotion Administration (HPA) to issue a warning that the sex ratio had increased beyond a natural range, which HPA said suggested the use of sex-selective abortions. Medical institutions may not carry out gender-biased sex selection procedures. Clinics and hospitals with higher rates of imbalance are subject to surveillance by authorities, and doctors who facilitate gender-biased sex selection are subject to fines. There were no reported cases of authorities imposing these fines during the year.
Children
Birth Registration: Citizenship is derived from that of either parent. Births must be registered within 60 days; failure to do so results in the denial of national health care and education benefits.
Child Abuse: According to the Ministry of Health and Welfare, the percentage of abused children under age six increased from 21to 27 percent over the past four years. Central and local authorities coordinated with private organizations to identify and assist high-risk children and families and to increase public awareness of child abuse and domestic violence. The law stipulates that persons learning of cases of child abuse or neglect must notify the police or welfare authorities. Child welfare specialists must notify local authorities within 24 hours, and authorities must take appropriate measures within 24 hours. Regulations encourage officials to submit an investigation report within four days. The Ministry of Health and Welfare and NGO specialists monitored cases to ensure that authorities met all requirements. An official 24-hour hotline accepted complaints of child abuse and offered counseling. Courts are required to appoint guardians for children of parents deemed unfit.
Early and Forced Marriage: The legal minimum age of marriage is 18 for men and 16 for women.
Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of ch
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