Press Conference | Ensure External Independence and Transparent Oversight-2021 Annual Review of Correctional External Inspection Panels

The newly enacted Prison Act and Detention Act took effect on July 15, 2020. A central reform was greater transparency as a means of protecting the rights of inmates and defendants. The Acts therefore require prisons and detention centers to establish independent external inspection panels and require those panels to submit quarterly inspection reports (Article 7 of the Prison Act; Article 5 of the Detention Act). Yet the reports for the first three quarters of 2021 were not released until December, when they were published together after a long wait by civil society. Pandemic conditions may have affected some inspections, and several reports contain substantial detail, but many remain disappointing. With the panels now operating for more than a year and less than a year remaining in their current terms, the JRF offers the following review.

1. The Names of All External Inspection Panel Members Should Be Disclosed

   Transparency is itself one of the external inspection system's core purposes. The panels should therefore also operate transparently by disclosing members' names, educational backgrounds, and professional experience for public review.

   None of the external inspection reports for the fourth quarter of 2020 disclosed panel members' names. Among the reports for the first three quarters of 2021, 17 panels disclosed all member names, 10 disclosed only some names, and 24 disclosed none-33%, 20%, and 47%, respectively. We commend members who agreed to disclosure and encourage more panels to do the same. Reports should also explain more clearly how each panel actually operates.

2. Inspection Reports Should Advance Correctional Transparency

   "Correctional transparency" does not mean transparency only to inspection-panel members; it should also allow society to understand what happens inside correctional institutions. Inspection reports are therefore a principal way for outside members to communicate what they observed. Many current reports, however, reveal little about what the panel actually learned. Taichung Prison's first-quarter 2021 report, for example, says members visited the classification section and interviewed the section chief and responsible staff but does not disclose what information those visits produced. By contrast, reports from Yunlin Prison and Dun Pin High School (formerly the Taoyuan Branch of Chengjheng High School) provide substantially more useful detail. Yunlin Prison's first-quarter report records information obtained from interviews with the vocational-training section chief and inmates participating in self-managed outside-prison work. Dun Pin High School's report explains how panel members used multiple methods to verify information provided by the institution concerning counseling for students who violated rules.

3. External Inspection Should Rely More Heavily on Interviews with Inmates and Defendants

   Another statutory function of external inspection panels is protection of the rights of inmates and defendants. Direct interviews are therefore an essential source of information. Yet among the reports for the first three quarters of 2021, only seven panels-14%-mentioned interviewing inmates or defendants. Most panels appeared to rely mainly on institutional briefings, question-and-answer sessions with staff, and tours accompanied by institutional personnel, leaving them with few independent sources of information.

   The JRF commends panels that recognized the importance of direct interviews and recommends that all panels establish procedures for collecting the experiences and views of inmates and defendants whenever rights-related issues are under inspection.

4. Toward More Independent External Inspection Panels

   The law requires external inspection panels to be external and independent, but the composition of the current panels raises serious doubts about whether that design has been realized. Taiwan uses an expert-and-scholar talent pool to which outside organizations may recommend candidates for consideration by correctional institutions and the Agency of Corrections. Correctional institutions submit proposed nominees, although the Agency is not legally bound by those lists. According to data provided by Legislator Chiu Hsien-Chih as of August 30, 2021, there were 253 panel members in total. Of them, 180 had been recommended by the institutions themselves, while only 51 members were not selected by the institution from among its own preferred candidates. Across 51 correctional institutions, 34 panels-67%-consisted entirely of members selected by the institutions, with no externally recommended member at all. On these figures, outside nominations to the talent pool have had little practical effect, and correctional institutions have exercised overwhelming influence over panel selection.

   The JRF believes this selection process cannot ensure genuine independence or externality. With less than a year before preparations begin for the next term, the Ministry of Justice should promptly revise the rules governing selection and appointment of external inspection panel members so that future panels are more independent and transparent.

The JRF Taichung Office has previously invited volunteers to read inspection reports and prepare reflections and will continue recruiting volunteers for this work. Interested readers are welcome to contact the Taichung Office.

Attachments

• Recommended Reading: 2021 Q1-Q3 Correctional External Inspection Reports

  Recommendation Level	External Inspection Panel	Reason	Link
  Highly Recommended	Yunlin Prison	Clearly organizes and presents inspection information from the perspective of outside panel members. The appendices to the 2021 Q2 and Q3 reports are particularly worth reading. They appear closer to the panel's original report format but were relegated to appendices because they did not conform to the format prescribed by the Agency of Corrections.	Q1 2021 Report Q2 2021 Report Appendix Q3 2021 Report Appendix
  Highly Recommended	Dun Pin High School (formerly Taoyuan Branch of Chengjheng High School)	Diverse inspection methods with an emphasis on interviews. 1. Uses diverse inspection methods and gives significant weight to interviews. 2. Presents concrete information obtained by the external inspection panel. 3. Describes difficulties encountered during inspection.	Q1 2021 Report Q3 2021 Report
  Recommended	Hsinchu Detention Center	The report indicates that the institution provides written materials to panel members in advance, allowing them to prepare before the meeting-an approach worth encouraging.	Q2 2021 Report
  Recommended	Tainan Detention Center	Provides concrete information obtained through inspection in the "Inspection Content and Handling" section.	Q3 2021 Report
  Recommended	Taiyuan Skill Training Institute	The 2021 Q1 report is recommended because it records resolutions concerning inspection procedures and methods, helping outside readers understand how the panel operates.	Q1 2021 Report
  Recommended	Taipei Juvenile Detention Center	The 2021 Q2 report is recommended because it provides concrete information obtained through inspection in the "Inspection Content and Handling" section.	Q2 2021 Report
  Recommended	Tainan Juvenile Detention Center	Provides concrete information obtained through inspection in the "Inspection Content and Handling" section.	Q3 2021 Report

• Commentary on the 2021 Q1-Q3 Correctional External Inspection Reports and One-Year Review of the External Inspection Panel System
• Critical Reader Commentary on External Inspection Reports: Reflections and Questions on the 2020 Q4 Correctional External Inspection Reports
   

Attendees

Chiu Hsien-Chih / Legislator, New Power Party
Lo Shih-Hsiang / Convener, JRF Correctional Institutions Working Group
Lin Wei-Ting / Project Researcher, Judicial Reform Foundation
Chang Hua-Che / Specialist, JRF Taichung Office

Press Contacts

Lin Wei-Ting / Project Researcher, Judicial Reform Foundation